Owner Not Liable Sample Clauses

Owner Not Liable. No person who is an Owner shall be liable to the Trust for any breach of or default in the obligations of the Owner owed to the Trust under this Agreement committed after the registration of a transfer by such person of that person's entire interest in the Property to another person, provided that the Owner has delivered to the Trust notice of such transfer and an acknowledgement and assumption executed by the new registered owner, acknowledging the priority of this Agreement and the interest of the Trust, and assuming the obligations of the Owner under this Agreement.
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Owner Not Liable. No person who is an Owner shall be liable to the Municipality for any breach of or default in the obligations owed to the Municipality under this Agreement committed after the registration of a transfer by such person of that person’s interest in the Lands.
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Owner Not Liable. (a) Subject to clause 8(c), all warranties and conditions (whether express or implied) in relation to the Equipment are excluded from the Contract. (b) Subject to clause 8(c), the Hirer agrees that Waverley Forklifts will not be liable for and the Hirer hereby releases Waverley Forklifts from all liability for any direct, indirect or consequential loss or damage suffered or incurred or which may be suffered or incurred by the Hirer or any of the Hirer’s officers, employees, contractors or agents arising out of or in connection with the Contract, whether caused by any negligent act or omission of Waverley Forklifts or any of Waverley Forklifts' officers, employees, contractors or agents or otherwise, or the Hirer or any of the Hirer's officers, employees, contractors or agents or otherwise. (c) No term of the Contract is intended to exclude, restrict or modify any non-excludable terms and warranties implied under the Competition and Consumer Act 2010(Cth) or any similar State or Territory legislation and the terms of the Contract are to be read down to the extent that they would be inconsistent with a non-excludable term or warranty implied by law.
Sample 1
Owner Not Liable. (a) Subject to clause 8(d), all warranties and conditions (whether express or implied) in relation to the Equipment are excluded from the Contract. (b) The Hirer acknowledges that it has had the opportunity to inspect the Equipment prior to taking the Equipment on hire, and is satisfied that it is in good and safe working condition. (c) Subject to clause 8(d), the Hirer agrees that Queensland Forklifts will not be liable for and the Hirer hereby releases Queensland Forklifts from all liability for any direct, indirect or consequential loss or damage suffered or incurred or which may be suffered or incurred by the Hirer or any of the Hirer’s officers, employees, contractors or agents arising out of or in connection with the Contract, whether caused by any negligent act or omission of Queensland Forklifts or any of Queensland Forklifts' officers, employees, contractors or agents or otherwise, or the Hirer or any of the Hirer's officers, employees, contractors or agents or otherwise. (d) No term of the Contract is intended to exclude, restrict or modify any non-excludable terms and warranties implied under the Competition and Consumer Act 2010(Cth), any similar State or Territory legislation, or any other non-excludable implied warranties, and the terms of the Contract are to be read down to the extent that they would be inconsistent with a non-excludable term or warranty implied by law.
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Owner Not Liable. Xxxxxxx agrees that it shall enter upon the Licensed Property at its own risk. Grantor shall have no duty to inspect the Licensed Property and shall have no duty to warn any person of any latent or patent defect, condition or risk that may exist on the Licensed Property or that might be incurred in the exercise of the rights granted herein. Grantor shall not be responsible for any loss or theft of or damage to any of the items located on or about the Licensed Property. If Grantee vacates the Licensed Property and leaves behind any personal property belonging to Xxxxxxx, then such personal property shall be deemed abandoned, and Grantor may dispose of such property without liability of any kind.
Sample 1
Owner Not Liable. No person who is an Owner shall be liable to the Trust for any breach of or default in the obligations owed to the Trust under this Agreement committed after the registration of a transfer by such person of that person's interest in the Lands, provided that the Owner has delivered to the Trust or, where this Agreement has been assigned by the Trust, and the Trust has given notice to Owner of such assignment, to the said assignee, notice of such transfer and an acknowledgement and assumption executed by the new registered Owner in the form attached as Schedule "C", acknowledging the priority of this Agreement and the interest of the Trust or the assignee, as the case may be, and assuming the obligations of an Owner under this Agreement.
Sample 1
Owner Not Liable. Owner shall not be liable for any loss, damage or injury of any kind or character to any person, property or the Property arising from any visit to or on, or any use of, the Property, or any act or omission by Prospective Buyer or its Agents under this Access Agreement. Prospective Buyer shall indemnify, protect, defend (with legal counsel selected by Owner) and hold Owner and Owner’s members, managers, officers, directors, agents, attorneys, employees, affiliates, successors and assigns harmless from any and all claims, actions, costs, expenses, damages and liabilities relating in any way to the Due Diligence or arising from the activities of Prospective Buyer or its Agents on or related to the Property pursuant to this Access Agreement.
Sample 1
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Related to Owner Not Liable

  • Stored equipment We accept no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or we will charge fees each day or part of a day at the hire fee per hiring until the same is removed. We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances: (i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended (ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.

  • Joint Liability 26.1. Notwithstanding anything contained herein or in any agreement between the Issuer and the RTA, the Issuer and the RTA shall be jointly and severally responsible and liable to CDSL, its participants and beneficial owners for compliance with all obligations under this Agreement as also under the Bye Laws and Operating Instructions.

  • Derivative Contracts (a) The Trustee shall, at the written direction of the Master Servicer, on behalf of the Trust Fund, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of clauses (b) and (c) of this Section 4.09. Any acquisition of a Derivative Contract shall be accompanied by an appropriate amendment to this Agreement, including an Opinion of Counsel, as provided in Section 11.01, and either (i) an Opinion of Counsel to the effect that the existence of the Derivative Contract will not adversely affect the availability of the exemptive relief afforded under ERISA by U.S. Department of Labor Prohibited Transaction Exemption ("PTE") 94-29, as most recently amended, 67 Fed. Reg. 54487 (Aug. 22, 2002), to the Holders of the Class A Certificates or the Class M Certificates, as of the date the Derivative Contract is acquired by the Trustee; or (ii) the consent of each holder of a Class A Certificate or Class M Certificate to the acquisition of such Derivative Contract. All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In addition, in the event any such instrument is deposited, the Trust Fund shall be deemed to be divided into two separate and discrete sub-trusts. The assets of one such sub-trust shall consist of all the assets of the Trust Fund other than such instrument and the assets of the other sub-trust shall consist solely of such instrument. (b) Any Derivative Contract that provides for any payment obligation on the part of the Trust Fund must (i) be without recourse to the assets of the Trust Fund, (ii) contain a non-petition covenant provision from the Derivative Counterparty, (iii) limit payment dates thereunder to Distribution Dates and (iv) contain a provision limiting any cash payments due to the Derivative Counterparty on any day under such Derivative Contract solely to funds available therefor in the Certificate Account to make payments to the Holders of the Class SB Certificates on such Distribution Date. (c) Each Derivative Contract must (i) provide for the direct payment of any amounts by the Derivative Counterparty thereunder to the Certificate Account at least one Business Day prior to the related Distribution Date, (ii) contain an assignment of all of the Trust Fund's rights (but none of its obligations) under such Derivative Contract to the Trustee on behalf the Class SB Certificates and shall include an express consent of the Derivative Counterparty to such assignment, (iii) provide that in the event of the occurrence of an Event of Default, such Derivative Contract shall terminate upon the direction of a majority Percentage Interest of the Class SB Certificates, and (iv) prohibit the Derivative Counterparty from "setting-off" or "netting" other obligations of the Trust Fund and its Affiliates against such Derivative Counterparty's payment obligations thereunder.

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

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