More specifically. (a) We exclude all liability to you in any circumstances for indirect or consequential loss of any sort.
(b) To the extent that you incur costs, expenses, claims or losses against which it would have been proper and appropriate for you to insure but you have not done so, we disclaim liability.
(c) Any liability that we do have to you shall be calculated on an after-tax basis.
More specifically. 2.1. The data importer shall take and implement adequate technical and organizational measures to protect the personal data against unauthorized or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.
2.2. The data importer shall notify the data exporter of any personal data breach.
2.3. The data importer shall implement measures to ensure the confidentiality, integrity, and availability of processing systems and services.
2.4. The data importer shall implement a process for regular testing, accessing, and evaluating the effectiveness of technical and organizational measures.
2.5. Any personal data shall be stored in accordance with the practice and procedures of the data importer, as disclosed to the data exporter.
More specifically. Licensee undertakes to comply with applicable French and foreign legislation in the conduct of the Development Activities and to use its best efforts to obtain the regulatory approvals required prior to the introduction of Products into the commercial market in the countries in which Licensee contemplates to sell the Products. Licensee (or any Sublicensee) shall be responsible (i) for obtaining and maintaining in its own name and at its sole expense, or in the name and at the expense of any person it shall designate, the registrations and marketing authorizations of the Products in the Territory, and (ii) for the compliance with local laws.
More specifically. 27.3.1. although we will use reasonable endeavours to ensure the security of the Services and our e-commerce network infrastructure, we cannot guarantee such security and we will not be liable in any way whatsoever in respect of any loss or damage of whatever nature suffered by you or any third party due to a breach of such security of the Services and/or our e-commerce network infrastructure other than where due to our gross negligence;
27.3.2. hyperlinks provided on our Site to non-Marketplace Genie websites or mobi-sites are provided as is and we do not necessarily agree with, edit or sponsor the content on such sites; and
27.3.3. we make no warranties or guarantees regarding the success or increased Product sales you may achieve from subscribing to the Services, including no warranty that any User will click through to your Merchant Site and/or purchase any Products from you.
27.3.4. Marketplace Genie is not liable for any billing issues that arise from improper bid management, improper pricing, or disputes with the Channels. You are responsible for previewing your feeds prior to submitting them to the Channels and managing your advertisement bids and/or pricing.
27.3.5. Nothing in this Agreement will prevent or limit either of your or our liability for fraud or wilful misconduct; death or personal injury arising out of negligence; or gross negligence.
27.3.6. You acknowledge that the allocation of risk and responsibility as set out in the Agreement is reasonable because it accords with our not having developed any of the Services specifically for you; the fact that, while we follow good industry practice, it is not economically possible for us to exhaustively test any software that supports the Services; and the amount of fees, if any, paid by you for the Services.
More specifically. EXCELLENCE will evaluate:
More specifically. For any NCO Outsourced Loan, Servicer shall not be responsible for performing the Delinquency Guidelines for the Subject Delinquency Period.
More specifically. If Franchisee receives a request for service, the Franchisee shall first determine the total construction costs of the extension. The "total construction costs" ("TCC") are defined as the actual turnkey cost to construct the entire extension required to serve the persons requesting services measuring from the Starting Point to the Ending Point, as specified in Section 3.2 of the Agreement. The TCC includes all electronics, pole make-ready charges, labor and reasonable associated overhead, but not the cost of the house drop. The Franchisee shall then determine its contribution toward the construction costs per participating dwelling unit by dividing the Franchisee’s average construction costs (“ACC”) per mile in the Franchise Area by the applicable density under Section 3.2 of the Agreement. For illustration, if the applicable density is 20, and the average construction cost in the Franchise Area is $45,000, the Franchisee Contribution is $2,250.00 per participating dwelling unit.
More specifically. In the event the Delivery Date is delayed for up to sixty (60) days past November 1, 2007, then Tenant shall be entitled to rent abatement in an amount equal to two (2) days pro-rata Base Monthly Rent for each one (1) day of such delay;
More specifically. MBE Italy hereby expressly represents to keep Mr. Internò unharmed and indemnified against any present or future claim and/or demand and/or dispute which may involve Mr. Internò in his capacity as Managing Director/Chairman of the Board of Directors/legal representative/Executive of MBE Italy, save for any act and/or deed executed by Mr. Internò with gross negligence or willful misconduct and except for any illegal act committed by Mr. Internò in violation of Italian laws and/or US Foreign Corrupt Practices Act and/or US Export Control Laws.
More specifically. Overtime shall be distributed amongst those employees normally the work in the department to which they are regularly assigned. The Company shall endeavor to equalize such overtime amongst the employees concerned, after twenty (20) overtime hours have been worked by any one employ- ee in any given department. Departmental overtime shall be posted on a list and kept current in the foremen’s office. Such records will indicate hours worked and hours declined which will be deemed, for the purpose of distribution of overtime, as hours worked and will be recorded as such on the posted records mentioned in above. A separate list will be kept in the maintenance department, showing overtime worked or declined in that department by fork lift drivers. Such overtime will be offered to all fork drivers by seniority.
