No compensation or liability Sample Clauses

No compensation or liability. ‌ (a) Except for any payment specifically provided in this Agreement or liability for any breach by Aurizon Network of this Agreement, Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the Access Holder in connection with any resumption, reduction, relinquishment or transfer of Access Rights in accordance with the‌ Resumption Provisions, the Conditional Access Provisions, the Relinquishment Provisions and the Transfer Provisions which form part of this Agreement under clause 3 and clauses 8, 9, 11, 14, 15 and 29.6. (b) The Access Holder releases Aurizon Network from any Claim for loss or damage referred to in clause 17.3(a) that the Access Holder may otherwise have. 18 Consequences of a failure of an Operator to satisfy conditions‌
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No compensation or liability. Except for any payment specifically provided in this Agreement or liability for any breach by Aurizon Network of this Agreement, Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the End User in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause in accordance with clauses 6, 7, 8, 9, 10, 119,10, 11, 12 and 24.5.25.4.
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No compensation or liability. (a) Except for any payment specifically provided in this Agreement or liability for any breach by Aurizon Network of this Agreement, Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the End UserAccess Holder in connection with any resumption, reduction, relinquishment or transfer of Access Rights in accordance with clauses 6the Resumption Provisions, the Conditional Access Provisions, the Relinquishment Provisions and the Transfer Provisions which form part of this Agreement under clause 3 and clauses 1.1, 7, 81.1(a), 9,10, 111, 12(a) and 25.425.6. (b) The End UserAccess Holder releases Aurizon Network from any Claim for loss or damage referred to in clause 14.3(a)13.3(a) that the End UserAccess Holder may otherwise have. 1614 Consequences of a failure of an Operator to satisfy conditions 16.114.1 Reduction of allocation of Access Rights If: (a) an Operator (Defaulting Operator) fails to satisfy the conditions for: (i) the commencement of Train Services under clause 10.2 of its Train Operations AgreementDeed; or (ii) the commencement of Train Services for a Train Service Type under clause 10.3 of its Train Operations AgreementDeed; and (b) Aurizon Network has given a notice to the End UserAccess Holder and the Defaulting Operator in accordance with clause 10.2(c)(iv)(B) or clause 10.3(c)(iv)(A)(1) (as applicable) of the Defaulting Operator’s Train Operations AgreementDeed, then, on such notice being given by Aurizon Network: (c) the End UserAccess Holder is deemed to have withdrawn its allocation of Access Rights to the Defaulting Operator in respect of: (i) in the case of a notice under clause 10.2(c)(iv)(A) of the Defaulting Operator’s Train Operations AgreementDeed, all of the Access Rights for which the Defaulting Operator has been nominated; and (ii) in the case of a notice under clause 10.3(c)(iv)(A)(1iii) of the Defaulting Operator’s Train Operations AgreementDeed, that part of the Access Rights for which the Defaulting Operator has been nominated but in respect of which the Defaulting Operator has failed to satisfy the relevant conditions in clause 10.3 of its Train Operations AgreementDeed; and (d) without limiting the End User’sAccess Holder’s rights under clauses 3.34.3 and 3.44.5, the End UserAccess Holder will have the right under clauses 4.3(b) and 3.44.5 to nominate a new Operator to use, or vary the previous nomination of another Op...
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No compensation or liability. (a) Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the Operator in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 7.3, 7.4, 8, 9, 10, 11, 12, 13, 14 and 37.5. (b) The Operator releases Aurizon Network from any Claim for loss or damage that the Operator may otherwise have in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 7.3, 7.4, 8, 9, 10, 11, 12, 13, 14 and 37.5. 17 Day to day Train Movements 17.1 Exclusive responsibility for Train Control 17.2 Train Control rights and obligations - Aurizon Network (a) Aurizon Network must exercise Train Control by the issue of Train Control Directions to the Operator and the Operator’s Staff consistent with the Network Management Principles. (b) In exercising Train Control, Aurizon Network must have regard to the safe conduct of rail operations on the Infrastructure and:
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No compensation or liability. (a) Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the End User in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 6, 7, 8, 9, 10, 11 and 24.5. (b) The End User releases Aurizon Network from any Claim for loss or damage that the End User may otherwise have in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 6, 7, 8, 9, 10, 11, and 24.5. 14 Reduction of Access Rights due to failure of an Operator to satisfy conditions If an Operator (Defaulting Operator) fails to satisfy the conditions for the commencement of Train Services for a Train Service Type under a Train Operations Agreement, then:
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No compensation or liability. (a) Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the End User in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 7.3, 8, 9, 10, 11, 12, 13 and 36.5. (b) The End User releases Aurizon Network from any Claim for loss or damage that the End User may otherwise have in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 7.3, 8, 9, 10, 11, 12, 13 and 36.5. (c) The End User must ensure that the Operator does not bring any Claim against Aurizon Network, its directors and/or Aurizon Network’s Staff for loss or damage that the Operator may otherwise have in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 7.3, 8, 9, 10, 11, 12, 13 and 36.5. 16 Day to day Train Movements 16.1 Exclusive responsibility for Train Control
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No compensation or liability. Deleted: under (a) Except for any payment specifically provided in this Agreement or liability for any breach by Aurizon Network of this Agreement, Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the End User in connection with any resumption, reduction, relinquishment or transfer of Access Rights in accordance with clause 7.3, 8, 9, 10, 11, 12, 13 and 36.5. (b) The End User releases Aurizon Network from any Claim for loss or damage referred to in clause 15.3(a) that the End User may otherwise have. Deleted: The End User must ensure that the Operator does not bring any Claim against Aurizon Network, its directors and/or Aurizon Network’s Staff for loss or damage15.3(a) that the Operator may otherwise have in connection with any resumption, reduction, relinquishment or transfer of Access Rights under clause 7.3, 8, 9, 10, 11, 12, 13 and 36.5.
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No compensation or liability. Except for any payment specifically provided in this Agreement or liability for any breach by Aurizon Network of this Agreement, Aurizon Network is not liable for any loss or damage, however caused (including in contract, tort (including negligence) or otherwise) suffered or incurred by the End User in connection with any resumption, reduction, relinquishment or transfer of Access Rights in accordance with clauses 7.3, 8, 9, 10, 11, 12, 13, 14 and 37.5.
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Related to No compensation or liability

  • No Compensation Except as provided in this Section 7.4 and elsewhere in this Agreement (including the provisions of Articles V and VI hereof regarding distributions, payments and allocations to which it may be entitled), the General Partner shall not be compensated for its services as general partner of the Partnership.

  • Other Compensation or Benefits You acknowledge that, except as expressly provided in this Agreement, you will not receive any additional compensation, severance or benefits after the Separation Date.

  • No Other Compensation or Benefits You acknowledge that, except as expressly provided in this Agreement, you have not earned and will not receive from the Company any additional compensation relating to or arising from employment with the Company (including base salary, bonus or incentive compensation), severance, or benefits before or after the Separation Date, with the exception of any vested right you may have under the express terms of a written ERISA-qualified benefit plan (e.g., 401(k) account).

  • Compensation, Reimbursement and Indemnification (a) The Company shall pay to the Trustee, and the Trustee shall be entitled to be paid, such compensation, which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust, as the Company and the Trustee from time to time may agree in writing, for all services rendered by it in the execution of the trusts hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee (which compensation will not be limited by any provision of law in regard to the compensation of a trustee of an express trust). Except as otherwise expressly provided herein, the Company will pay or reimburse the Trustee upon its request for all reasonable expenses and disbursements incurred or made by the Trustee in accordance with any of the provisions of this Indenture, including such compensation as has been agreed between the Trustee and the Company from time to time and the expenses and disbursements of its agents, counsel and of all Persons not regularly in its employ, except any such expense or disbursement as may arise from its own negligence or willful misconduct. The Company shall indemnify the Trustee or any predecessor Trustee (and their officers, agents, directors and employees) for, and shall hold them harmless against, any and all loss, liability, claim, damage or expense, including taxes, other than taxes based upon, measured by or determined by the income of the Trustee, reasonably incurred by the Trustee without negligence or willful misconduct on its part and arising out of or in connection with the acceptance or administration or enforcement of this trust, including the reasonable costs and expenses of defending itself against any claim of liability whether asserted by the Company, a Guarantor, any Holder or any other Person. (b) The obligations of the Company under this Section 7.06 to compensate and indemnify the Trustee and to pay or reimburse the Trustee for expenses and disbursements shall: (i) be secured by a lien prior to that of the Securities upon all property and funds held or collected by the Trustee as such, except funds held in trust for the benefit of the holders of particular Securities; and (ii) survive the termination of this Indenture and resignation or removal of the Trustee. (c) Where the Trustee incurs expenses or renders services in connection with a bankruptcy event of default, such costs and expenses (including reasonable attorneys’ fees and expenses) and the compensation for the services are intended to constitute expenses of administration under applicable Federal or State, bankruptcy, insolvency or other law.

  • ' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement:

  • Compensation; Indemnity; Fees The Depositor agrees: (a) to pay to the Issuer Trustees from time to time such reasonable compensation for all services rendered by them hereunder as may be agreed by the Depositor and the Issuer Trustees from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); (b) except as otherwise expressly provided herein, to reimburse the Issuer Trustees upon request for all reasonable expenses, disbursements and advances incurred or made by the Issuer Trustees in accordance with any provision of this Trust Agreement (including the reasonable compensation and the expenses and disbursements of their agents and counsel), except any such expense, disbursement or advance as may be attributable to their negligence, bad faith or willful misconduct; and (c) to the fullest extent permitted by applicable law, to indemnify and hold harmless (i) each Issuer Trustee, (ii) any Affiliate of any Issuer Trustee, (iii) any officer, director, shareholder, employee, representative or agent of any Issuer Trustee, and (iv) any employee or agent of the Issuer Trust (referred to herein as an “Indemnified Person”) from and against any loss, damage, liability, tax, penalty, expense or claim of any kind or nature whatsoever incurred by such Indemnified Person by reason of the creation, operation or dissolution of the Issuer Trust or any act or omission performed or omitted by such Indemnified Person in good faith on behalf of the Issuer Trust and in a manner such Indemnified Person reasonably believed to be within the scope of authority conferred on such Indemnified Person by this Trust Agreement, except that no Indemnified Person shall be entitled to be indemnified in respect of any loss, damage or claim incurred by such Indemnified Person by reason of negligence, bad faith or willful misconduct with respect to such acts or omissions. The provisions of this Section 8.6 shall survive the termination of this Trust Agreement and the removal or resignation of any Issuer Trustee. No Issuer Trustee may claim any Lien on any Trust Property as a result of any amount due pursuant to this Section 8.6. The Depositor and any Issuer Trustee may engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar or dissimilar to the business of the Issuer Trust, and the Issuer Trust and the Holders of Trust Securities shall have no rights by virtue of this Trust Agreement in and to such independent ventures or the income or profits derived therefrom, and the pursuit of any such venture, even if competitive with the business of the Issuer Trust, shall not be deemed wrongful or improper. Neither the Depositor nor any Issuer Trustee shall be obligated to present any particular investment or other opportunity to the Issuer Trust even if such opportunity is of a character that, if presented to the Issuer Trust, could be taken by the Issuer Trust, and the Depositor and any Issuer Trustee shall have the right to take for its own account (individually or as a partner or fiduciary) or to recommend to others any such particular investment or other opportunity. Any Issuer Trustee may engage or be interested in any financial or other transaction with the Depositor or any Affiliate of the Depositor, or may act as depository for, trustee or agent for, or act on any committee or body of holders of, securities or other obligations of the Depositor or its Affiliates.

  • Extra Compensation The Board shall pay no fees, other than described above, to the PA/E unless authorized by the Board as follows: A. If the scope of the Project or site is changed, the Board and the PA/E shall negotiate a reasonable fee based upon the probable estimated construction cost in changing the scope of the work and the approximate percentage of the estimated construction cost which was used to negotiate this Agreement if, and, as such may be applicable. B. If the DOE or Board requires the PA/E to make major or costly changes to the Schematic, Preliminary or Construction Document Phase submittals, which changes are not caused by architectural or engineering error or oversight, the PA/E shall be paid to redesign for additional expenses in an amount agreed to by the parties. Under no circumstances will the principals of the PA/E and the principals of his consultants be paid a fee in excess of $125 per hour.

  • Complaints and Compensation If you have a complaint of any kind, please be sure to let us know. We will do our utmost to resolve the issue. You can put your complaint in writing to us at:

  • Compensation Benefits and Reimbursement (a) The compensation specified under this Agreement shall constitute the salary and benefits paid for the duties described in Section 2. The Bank shall pay Executive as compensation a salary of not less than [$ ] per year (“Base Salary”). Such Base Salary shall be payable biweekly, or with such other frequency as officers and employees are generally paid. During the period of this Agreement, Executive’s Base Salary shall be reviewed at least annually. Such review shall be conducted by a committee designated by the Board, and the Bank may increase, but not decrease (except a decrease that is generally applicable to all employees) Executive’s Base Salary (with any increase in Base Salary to become “Base Salary” for purposes of this Agreement). Base Salary shall not include any director’s fees that the Executive is entitled to receive as a director of the Bank or any affiliate of the Bank. Such director’s fees shall be separately paid to the Executive. (b) Executive will be entitled to participate in and receive benefits under any employee benefit plans including, but not limited to, retirement plans, supplemental retirement plans, pension plans, profit-sharing plans, health-and-accident insurance plans, medical coverage or any other employee benefit plan or arrangement made available by the Bank currently or in the future to its senior executives and key management employees. Executive will be entitled to participate in any incentive compensation and bonus plans offered by the Bank in which Executive is eligible to participate. Nothing paid to Executive under any such plan or arrangement will be deemed to be in lieu of other compensation to which Executive is entitled under this Agreement. (c) In addition to the Base Salary provided for by paragraph (a) of this Section 3, the Bank shall pay or reimburse Executive for all reasonable travel and other reasonable expenses incurred by Executive performing his obligations under this Agreement and may provide such additional compensation in such form and such amounts as the Board may from time to time determine. The Bank shall reimburse Executive for his ordinary and necessary business expenses including, without limitation, fees for memberships in such clubs and organizations as Executive and the Board shall mutually agree are necessary and appropriate for business purposes, and travel and entertainment expenses, incurred in connection with the performance of his duties under this Agreement.

  • No Additional Compensation Notwithstanding any other provision of this Agreement, the obligation of Agency to return Referred Accounts, provide current status reports of all such accounts or information reasonably required by Client shall be without right to any additional Contingent Fee, administrative fees or other compensation of any kind or type whatsoever after such termination date, including, without limitation, in quantum meruit, for any Services rendered prior to termination (except on recoveries received and remitted to Client pursuant to this Agreement prior to termination) whether or not said Services result in or contribute to recoveries received after termination.

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