Parties’ Liability. 28.1 None of the following occurrences shall constitute a breach of this Agreement by the Landlord, a termination of the Term, an active or constructive eviction or an occurrence requiring an abatement of Rent:
28.1.1 the inability of the Landlord to provide any utility or service to be provided by the Landlord, as described in section 8 of this Agreement which is due to causes beyond the Landlord’s control, or to necessary or advisable improvements, maintenance, repairs or emergency, so long as the Landlord uses reasonable efforts and diligence under the circumstances to restore the interrupted service or utility;
28.1.2 any improvement, modification, alteration or other change made to the Carnegie Center Complex, the Property, the Building or the Common Facilities by the Landlord consistently with the Landlord’s obligations set forth in subsection 13.2 of this Agreement; and
28.1.3 any change in any Federal, state or local law or ordinance.
28.2 Except for the commencement, duration or termination of the Term (other than under the circumstances contemplated by subsection 15.1 of this Agreement), the Tenant’s obligation to make timely payments of Rent, the Tenant’s obligation to maintain certain insurance coverage in effect, the Tenant’s failure to perform any of its other obligations under this Agreement if such failure has caused loss or damage that cannot promptly be cured by subsequent act of the Tenant and the period within which any type of option or optional right exercisable by the Tenant must be exercised, any period of time during which the Landlord or the Tenant is prevented from performing any of its respective obligations under this Agreement because of fire, any other casualty or catastrophe, strikes, lockouts, civil commotion, acts of God or the public enemy, governmental prohibitions or preemptions, embargoes or inability to obtain labor or material due to shortage, governmental regulation or prohibition or any other cause beyond the Landlord’s control, shall be added to the time when such performance is otherwise required under this Agreement.
28.3 In the event the Landlord is an individual, partnership, joint venture, association or a participant in a joint tenancy or tenancy in common, the Landlord, the partners, venturers, members and joint owners shall not have any personal liability or obligation under or in connection with this Agreement or the Tenant’s use and occupancy of the Leased Premises; but recourse shall be limited exclusiv...
Parties’ Liability. (i) Broker-Dealer shall indemnify and hold Distributors and Companies, and each of their respective directors, officers, and employees, harmless from any Costs sustained by Companies and/or the Distributors (including reasonable attorneys' fees) on account of any claim, arising out of, based upon, or otherwise relating to: (a) any breach of any representation, warranty, covenant, agreement or other obligation of Broker-Dealer or any Affiliate contained in this Agreement; (b) a violation of state and/or federal laws, regulations or rules, or the rules and regulations of any applicable self-regulatory organizations by Broker-Dealer or any Affiliate; (c) negligent, fraudulent, illegal or wrongful action or inaction by Broker-Dealer or any Affiliate or by persons employed or appointed by Broker-Dealer. In any of the foregoing cases Broker-Dealer or any Affiliate shall be an "Indemnitor" as such term is used in this Agreement and each of the Distributors and the Companies, and each of their directors, officers and employees, as applicable, shall be an "Indemnitee" as such term is used in this Agreement.
(ii) Each Affiliate shall indemnify and hold Distributors and Companies, and each of their respective directors, officers, and employees, harmless from any Costs sustained by Companies or Distributors (including reasonable attorneys' fees) on account of any claim, arising out of, based upon, or otherwise relating to: (a) any breach of any representation, warranty, covenant, agreement or other obligation of the Affiliate contained in this Agreement; (b) a violation of state and/or federal laws, regulations or rules, or the rules and regulations of any applicable self-regulatory organizations by Affiliate; (c) negligent, fraudulent, illegal or wrongful action or inaction by the Affiliate or by persons employed or appointed by the Affiliate. In any of the foregoing cases the Affiliates shall be an "indemnitor" as such term is used in this Agreement and each of the Distributors and the Companies, and each of their directors, officers and employees, as applicable, shall be an "indemnitee" as such term is used in this Agreement.
(iii) Distributors shall indemnify and hold Broker-Dealer, and its directors, officers, and employees, harmless from any Costs sustained by Broker-Dealer (including reasonable attorneys' fees) on account of, arising out of, based upon, or otherwise relating to: (a) any breach of any representation, warranty, covenant, agreement or other obliga...
Parties’ Liability. Customer’s sole recourse and remedy under this Agreement for a breach hereof or a default hereunder shall be against SABINE and its assets. Except as otherwise provided herein, SABINE’s sole recourse and remedy under this Agreement shall be against Customer and its assets for a breach hereof or a default hereunder. In the event of a breach of this Agreement, the non-breaching Party shall exercise commercially reasonable efforts to mitigate its damages resulting therefrom.
Parties’ Liability. 7.1 Non-fulfilment and/or unduly fulfilment of obligations undertaken by any of the signatory parties to this Contract implies liability of the defaulting party.
7.2 The Board Member is liable for the culpable breach of legal provisions, of the Contract provisions, of the provisions included in the resolutions adopted by the General Meeting of Shareholders and the provisions of the Articles of Incorporation, these may cause his/her revocation.
Parties’ Liability. 13.1. Parties are held liable for direct material damages caused to the other Party or a third party by non-performance or undue performance of obligations undertaken with the Agreement pursuant to this Agreement and legislation.
13.2. SK is liable for the correctness of information issued by Services.
13.3. In case of Proxy certificate validation service, SK is responsible for making sure that the most recent validity information transmitted by the certificate issuer is used to issue the response.
13.4. SK is not liable for the substance of the transaction based on the issued validity confirmation or time stamps.
13.5. SK is not liable for Subscriber's breach of obligation set forth in section 7.4 of the General Terms of Subscriber Agreement.
13.6. The Subscriber is entitled to claim for a contractual penalty for time exceeding the Service outage hours provided in section 8, limited to:
13.6.1. 1 of the Charges per minute during working hours;
Parties’ Liability. 21.1. The debts, liabilities, and obligations of StanCOG shall not be debts, liabilities, or obligations of the Parties to this Agreement either singly or collectively.
Parties’ Liability. 9.1. If SOLITEK is late to supply the order due to SOLITEK‘s fault, the CUSTOMER shall have a right to require a discount equal to 0.02 % (zero point zero two percent) of later order value for each day of delay. Total discount cannot exceed 10 % of late order value.
9.2. CUSTOMER agrees that any delay in paying invoices on time is subject to 0.2% (two tenths of a percent) interest on the unpaid amount for each day of delay.
9.3. In case of unexpected events or circumstances beyond the SOLITEK‘s reasonable control, including strikes, raw material delivery delays, riots, etc., Product delivery time will be respectively extended. Parties shall not be responsible for non- fulfilment or improper fulfilment of General terms & conditions caused by Force Majeure conditions, as approved with Resolution No. 840 as of 15 July 1996 by the Goverment of the Republic of Lithuania.
9.4. Parties confirm that interest and penalty rates in chapters 3.2, 3.3, 9.1 and 9.2 of General terms & conditions are acceptable and determined in accordance with principles of fairness and justice, and are assimilated to predefined minimal losses of value which is economically based and meets the interests of the Parties.
Parties’ Liability. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members either singly or collectively.
Parties’ Liability. 11.1. Parties are held liable for direct material damages caused to the other Party or a third party by non-performance or undue performance of obligations undertaken with the Agreement pursuant to this Agreement and legislation.
11.2. Advania is liable for the correctness of information issued by the Time-Service.
11.3. Advania is not liable for the substance of the transaction based on time stamps.
11.4. Advania is not liable for any breach of obligation set forth in section 5.4 by the Subscriber.
11.5. The aggregate liability for contractual penalties claimed from Advania in any calendar month will not exceed the monthly Service charge.
Parties’ Liability. 9.1 In case of unexpected events or circumstances beyond the SOLITEK‘s reasonable control, including strikes, raw material delivery delays, riots, etc., Product delivery time will be respectively extended. Parties shall not be responsible for non-fulfilment or improper fulfilment of General terms & conditions caused by Force Majeure conditions, approved by Lithuanian Government act No. 840.
9.2 Parties confirm that interest and penalty rates in chapters 3.2, 3.3 of General terms & conditions are acceptable and determined in accordance with principles of fairness and justice, and are assimilated to predefined minimal losses of value which is economically based and meets the interests of the Parties.
