Participant Liability. As between Participants to this Agreement: Each Participant shall be responsible for its acts and omissions and not for the acts or omissions of any other Participant. In circumstances involving harm to other Participants caused by the acts or omissions of individuals who Transact Message Content or Confidential Participant Information through the Participant or by use of any password, identifier, or log-on received or obtained directly or indirectly, lawfully or unlawfully, from the Participant or any of the Participant Users, each Participant shall be responsible for such harm to the extent that the individual's access was caused by the Participant's breach of the Agreement or its negligent conduct for which there is a civil remedy under Applicable Law. Notwithstanding any provision in this Agreement to the contrary, Participant shall not be liable for any act or omission if a cause of action for such act or omission is otherwise prohibited by Applicable Law. This section shall not be construed as a hold harmless or indemnification provision.
Participant Liability. 1. The Participants shall share in the costs of, and assume the liabilities for benefits (including medical, surgical, and hospital) provided under the Medical Plan(s) to covered officers, employees, retirees, and their dependents. Each Participant shall pay on demand such Participant's share of any assessment or additional contribution ordered by the governing board of the municipal cooperative health benefit plan, as set forth in Section L(4) of this Agreement or as ordered by the Superintendent or under Article 74 (seventy four) of the New York State Insurance Law. The pro rata share shall be based on the Participant's relative "premium" contribution to the Medical Plan(s) as a percentage of the aggregate "premium" contribution to the Medical Plan(s), as is appropriate based on the nature of the assessment or contribution.
2. New Participants (each a "New Participant") who enter the Consortium may, at the discretion of the Board of Directors, be assessed a fee for additional financial costs above and beyond the premium contributions to the M e di c a l Plan(s). Any such additional financial obligations and any related terms and conditions associated with membership in the Consortium shall be determined by the Board, and shall be disclosed to the New Participant prior to its admission.
3. Each Participant shall be liable, on a pro rata basis, for any additional assessment required in the event the Consortium funding falls below those levels required by the Insurance law as follows:
a. In the event the Consortium does not have admitted assets (as defined in Insurance Law Section 107) at least equal to the aggregate of its liabilities, reserves, and minimum surplus required by the Insurance Law, the Board shall, within thirty (30) days, order an assessment (an "Assessment Order") for the amount that will provide sufficient funds to remove such impairment and collect from each Participant a pro-rata share of such assessed amount.
b. Each Participant that participated in the Consortium at any time during the two (2) year period prior to the issuing of an Assessment Order by the Board shall, if notified of such Assessment Order, pay its pro rata share of such assessment within ninety (90) days after the issuance of such Assessment Order. This provision shall survive termination of the Agreement of withdrawal of a Participant.
c. For purposes of this Section B(3), a Participant's pro-rata share of any assessment shall be determined by applying the ratio of the...
Participant Liability. The Participant is solely responsible for any and all acts or omissions taken or made in reliance on the System, Healthcare Data and/or other information received from MX, including inaccurate or incomplete information.
Participant Liability. Participant shall have no responsibility for or relating in any way to the acts or omissions of CRISP, its Exchange Technology Providers and other agents, other Participants or Data Sources in connection with the Agreement or for any of the foregoing entities’ or individuals’ compliance with Applicable Law, including but not limited to the Data requested or provided by the other Participants. Nothing herein shall be construed to (a) limit the Participant’s ability to contractually allocate liability as among the Participant itself and its Participant Users, CRISP, Exchange Technology Providers and/or other subcontractors of the parties, or (b) waive any rights or defenses available under Applicable Law in any action that may arise in connection with the Agreement.
Participant Liability. Participant shall have no responsibility for or relating in any way to the acts or omissions of CRISP, its Exchange Technology Providers or Direct Licensed Technology Providers and other agents, other Participants, Participant Users, Subscribed Users or Data Sources or for compliance by any of the foregoing entities with Applicable Law, including but not limited to the Data or Health Data requested or provided by the other Participants. Nothing in this Section 2019.01 shall be construed to (a) limit the Participant’s ability to contractually allocate liability as among the Participant itself and its Participant Users or Subscribed Users, CRISP, External Exchange,change or the Direct Licensed Service Technology Providers and/or other subcontractors of the parties, or (b) waive any rights or defenses available under Applicable Law in any action that may arise in connection with the Agreement.
Participant Liability. Participant shall have no responsibility for or relating in any way to the acts or omissions of CRISP, its Exchange Technology Providers or Licensed Technology Providers and other agents, other Participants, Participant Users, or Data Sources or for compliance by any of the foregoing entities with Applicable Law, including but not limited to the Data requested or provided by the other Participants. Nothing in this Section 19.01 shall be construed to (a) limit the Participant’s ability to contractually allocate liability as among the Participant itself and its Participant Users CRISP, External Exchange, or Licensed Technology Providers and/or other subcontractors of the parties, or (b) waive any rights or defenses available under Applicable Law in any action that may arise in connection with the Agreement.
Participant Liability. Each Participant shall be responsible for its acts and omissions and not for the acts or omissions of any other Participant. Notwithstanding any provision in this Agreement to the contrary, Participant shall not be liable for any act or omission if a cause of action for such act or omission is otherwise prohibited by Applicable Law. This Section shall not be construed as a hold harmless or indemnification provision.
Participant Liability. University releases Member from liability concerning any water sample that the Member provides to the Consortium, if either:
1. University has collected the water sample in conjunction with Member; or
2. Member has collected the sample according to a sampling and chain of custody protocol that University has provided to Member.
Participant Liability. As between Participants to this Agreement: Each Participant shall be responsible for its acts and omissions and not for the acts or omissions of any other Participant. In circumstances involving harm to other Participants caused by the acts or omissions of individuals who: (i) Transact Message Content or Confidential Participant Information through the Participant; (ii) improperly and without permission access a Participant’s system whether directly or indirectly, lawfully or unlawfully; or
Participant Liability. Notwithstanding anything contained in this Agreement to the contrary, Grantor and Participant agree that (i) no member of Participant shall be personally liable for any obligation or liability of Participant under this Agreement and (ii) all obligations and liabilities of Participant under this Agreement are enforceable solely against Participant and Participant’s assets and not against any member of Participant.
