Patriot. The Atlas Card Account is sponsored by Bank.
Patriot. Act, and any regulations implementing such acts;
Patriot. (a) Within 45 days following the Effective Date and until such time as Patriot obtains financing from one or more banks, financial institutions or other lending entities, Borrower shall cause Patriot to maintain all of its operating, depository and securities accounts (collectively, the “Patriot Accounts”) with Bank and Bank’s affiliates.
(b) Borrower shall not permit the aggregate balance in the Patriot Accounts consisting of Non-Equity Patriot Investments at any time to exceed $100,000 for more than 10 consecutive days.
(c) Borrower shall not permit Patriot to conduct business other than the acquisition, divestiture, restoration, production and development of oil and gas xxxxx and any other businesses reasonably related or ancillary thereto.
Patriot. All investments of Patriot or any Affiliate of Patriot in the Fund shall not be extinguished by reason of the Merger and shall be treated in the same manner as the investments of the Members of the Fund.
Patriot jointly and severally, agrees to defend, indemnify and hold Company and its affiliates and their respective directors, officers, employees and agents, harmless from and against any and all claims, causes of action, liabilities and losses arising or resulting from the performance of or breach of duties under this Agreement and/or from any acts (negligent, willful or otherwise), errors or omissions of Patriot, its affiliates and/or their respective directors, officers, employees, Sub-producers, third party claims adjusters, third party vendors (including without limitation loss control vendors), countersignature agents or other representatives. As used in this paragraph, “losses” shall include, but not be limited to, all damages (direct and consequential), costs, expenses, reasonable attorney fees and other legal fees, penalties, fines, assessments, verdicts (including punitive damages as permitted by law) and any other expenses or expenditures incurred by Company but shall exclude losses and loss adjustment expenses arising under, or attributable to, any Policy and any other expenses for which Company is responsible for if paid by PRS in accordance with this Agreement. This Section 9.2 shall survive the expiration or other termination of this Agreement.
Patriot an officer or employee thereof (including the Key Employees) or- a Sub-producer, engages in acts or omissions which constitute abandonment, fraud, misappropriation of funds, material misrepresentation, or gross and willful misconduct;
Patriot. We represent and warrant that:
1. we will comply with all applicable laws, rules, and regulations, and
2. the Service will comply with specifications for the Service but only if provided by us during the Term, and that we will employ reasonable security measures to protect the Software and Service including periodic backups and maintaining a “firewall” against malicious, harmful, or disabling data, work, codes, or programs. For any proper claim under this warranty made by you during the warranty period, our liability and your exclusive remedy is limited to our provision of commercially reasonable efforts to correct the performance deficiencies provided you provide all information necessary to recreate the failure. At our discretion and in the event we cannot repair the Software we may refund Fees and funds paid by you, but in no event shall our liability for Services exceed the price paid by you for such defective Services.
Patriot. We shall be responsible for, and shall indemnify, defend and hold harmless Customer from any damages, liabilities, charges, expenses, and claims (including any suit) brought against Subscriber by a third party alleging that any of the Service infringes a United States or Canadian patent, copyright, mask work right, or any other third party intellectual property right and shall pay all costs and damages finally awarded, provided that Customer gives us prompt written notice of such claim, and information, reasonable assistance and sole authority to defend or settle the claim. We shall not have any liability if the alleged infringement arises out of Customer’s technology, Customer combining with, adding to, or modifying the Software, or Customer’s failure to use materials or instructions provided by us that would have rendered the Service non-infringing. In the defense or settlement of the claim, we may obtain for Customer the right to continue using the Service, may replace or modify the Service so it becomes non-infringing, or, if such remedies are not reasonably available, may terminate this Agreement. PROVIDER DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES. PROVIDER’S SOLE OBLIGATION FOR INDEMNIFICATION OF SUBSCRIBER OR CLAIMS OF INFRINGEMENT BY SUBSCRIBER IS DESCRIBED IN THIS SECTION AND, NOTWITHSTANDING ANY OTHER TERMS IN THIS AGREEMENT, SHALL NOT EXCEED THE AMOUNT PAID BY SUBSCRIBER AS SUBSCRIPTION FEES FOR THE INFRINGING SERVICE.
Patriot. Act, etc . The Account Party shall have provided to Bank the documentation and other information requested by Bank in order to comply with requirements of any Anti-Money Laundering Laws, including, without limitation, the PATRIOT Act and any applicable “know your customer” rules and regulations.
Patriot the Trustee and each Holder by its acceptance of a Note hereby agrees that the Note Guarantee of Patriot provided hereunder shall be subject to all terms, provisions and conditions in the Indenture that relate to a Note Guarantee (including, without limitation, Article 11 of the Indenture). Patriot further agrees to be bound by, and to comply with, all provisions of the Indenture and Note Guarantee that are applicable to a Guarantor that is a Restricted Subsidiary.
