Not a Limit on Liability. The Company’s obligations of payment and performance, and the liability of the Company pursuant to this Agreement, will not be limited by the amount of the Security Fund required by this § 5.
Not a Limit on Liability. The obligations of the Company and the liability of the Company pursuant to this Agreement shall not be limited by the City’s acceptance of the Security Fund required by this Section 5; the City’s remedies shall in no way be limited by its recourse to the Security Fund (except that the City shall not be entitled to double recovery of the same damages from both the Security Fund and other sources); and the City shall not be required to draw from the Security Fund prior to or in lieu of pursuing any alternate remedies.
Not a Limit on Liability. The obligation to perform and the liability of Company pursuant to this Agreement shall not be limited by the acceptance of the Performance Bond/Security Fund required by this Section 5.8.
Not a Limit on Liability. Neither the Franchisee’s obligations under this Agreement nor Franchisee’s liability for non-performance of any such obligations are limited in nature or amount by the acceptance or availability of the Performance Bond provided pursuant to Section 15.9, the Letter of Credit provided pursuant to Section 15.10 or the cash Security fund provided by Section 15.11.
Not a Limit on Liability. The acceptance by the District of the bond required by this Section 5.10 shall not limit the requirement of faithful performance by the Company pursuant to this Agreement or the Liability of the Company pursuant to this Agreement.
Not a Limit on Liability. Procurement of insurance by Licensee as required herein shall not be construed as a limitation of Licensee's liability or as full performance of Licensee's duty and obligation to indemnify, hold harmless and defend City under Section 21 of this Agreement (“Indemnification”).
Not a Limit on Liability. The obligation to perform and the liability of the Company pursuant to this Agreement shall not be limited by the Franchising Authority's acceptance of the Performance Bond required by this Section 9.
Not a Limit on Liability. The faithful performance by and the Liability of the Company pursuant to this Agreement shall not be limited by the acceptance of the bond required by this Section 6.10.
Not a Limit on Liability. Neither the minimum amounts of insurance or bond coverage referred to in this Agreement, nor any approval or waiver of any such coverage by Ministry, shall be construed to, limit, expand or qualify, in any manner, the liabilities and obligations imposed on Contractor pursuant to this Agreement and, shall not preclude Ministry from taking such other actions as are available to it under any provisions of this Agreement or otherwise at law or in equity. For greater certainty, in the events that the amounts paid or payable to Ministry pursuant to any and all insurance or bonds are insufficient to cover the damages claimed by Ministry, Ministry shall have the right to claim directly against Contractor for all such shortfalls, subject only to the Risk Management Provisions of Article 15 of this Agreement.
Not a Limit on Liability. The obligation to perform and the liability of Network Operator pursuant to this Agreement shall not be limited by the acceptance of the Performance Bond required by this Section 13.16, nor shall the existence of the Performance Bond in any manner limit the ability of MassTech to pursue any other remedies.
