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:
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.
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. 14.1. 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.
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.
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.
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. (i) Broker-Dealer shall indemnify and hold Distributor and Company, and each of their respective directors, officers, and employees, harmless from any Costs sustained by Company and/or Distributor (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 contained in this Agreement; (b) a violation of state and/or federal securities or insurance laws, regulations or rules, or the rules and regulations of any applicable self-regulatory organizations by Broker-Dealer; (c) negligent, fraudulent, illegal or wrongful action or inaction by Broker-Dealer or by persons employed or appointed by Broker-Dealer. In any of the foregoing cases Broker-Dealer shall be an “Indemnitor” as such term is used in this Agreement and each of the Distributor and the Company, and each of their directors, officers and employees, as applicable, shall be an “Indemnitee” as such term is used in this Agreement.
Parties’ Liability. Notwithstanding any other provision of law or any provision of this Agreement to the contrary, in no event shall LANDOWNER, CITY, City Agency, Public Agency or their respective elective and appointive members of boards, commissions, and officers, agents and employees be liable in damages for any breach, default or violation of this Agreement, it being specifically understood and agreed that the Parties' sole legal remedy for a breach, default or violation of this Agreement shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement; provided, however, that this Section 7.4.1 shall not limit the prevailing party’s ability to recover attorney fees and costs of litigation as provided in Section 7.5. Amended and Restated Railyards Development Agreement Revision Date: 10-21-2016
Parties’ Liability a) Except for serious fault or willful action, OPCOM shall be held liable for no loss or damage caused by, but without limitation to, the following situations:
