POSSESSION AND RESPONSIBILITY Sample Clauses

POSSESSION AND RESPONSIBILITY. Prior to the Gas being received by Transporter at the Receipt Point(s) and upon delivery of the Gas to the Shipper at the Delivery Point(s), Shipper is deemed to be in control and in possession of the Gas, and Shipper is responsible for any damages, losses or injuries caused by the Gas while in Shipper's control and/or possession, except for injuries or damages which have been caused by the negligence of Transporter. Transporter is in control and in possession of the Gas subsequent to receipt at the Receipt Point(s) and until such Gas is redelivered to Shipper at the Delivery Point(s), and is responsible for any damages, losses or injuries caused by the Gas while in Transporter's control and/or possession, except for injuries or damages which have been caused by the negligence of Shipper. Notwithstanding the immediately preceding sentences, the Parties hereto understand and acknowledge that title to, or the right to deliver, all Gas transported hereunder shall at all times remain with Shipper or Shipper's designee and not the Transporter.
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POSSESSION AND RESPONSIBILITY. 5 Section 4.03.
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POSSESSION AND RESPONSIBILITY. Title to all Gas delivered hereunder shall pass from Seller at the Delivery Points. As between Buyer and Seller, Seller shall be deemed to be in control and possession of the Gas hereunder until it shall have been delivered to Buyer at the Delivery Points, after which Buyer shall be deemed to be in control and possession of the Gas. Buyer shall have no responsibility with respect to any Gas hereunder at any time because of anything that may be done, happen, or arise with respect to said Gas before the Gas reaches the Delivery Points. In like manner, Seller shall have no responsibility with respect to any Gas hereunder at any time because of anything that may be done, happen, or arise with respect to said Gas after it is delivered to Buyer at the Delivery Points, except as provided for in Section 4.03. Each party agrees to indemnify and hold the other harmless against any and all claims for loss, damages, or injury caused or occurring during any period in which it is deemed to be in possession and control of the Gas. It is the understanding and intent of the parties hereto that Seller will assume the full cost and expense, as well as full and complete liability and responsibility, for collecting and transporting the Gas to the Delivery Points.
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POSSESSION AND RESPONSIBILITY. As between the Parties, Buyer shall be deemed to be in exclusive control and possession of the Gas to be received, transported, and delivered by Seller pursuant to Article IV prior to receipt by Seller at the Receipt Point and after receipt by Buyer of such Gas at the Delivery Point. Otherwise Seller shall be deemed to be in exclusive control and possession of the Gas, including with respect to any Banked Quantity until reduced by Buyer pursuant to Section 5.2. The Party that has exclusive control and possession of the Gas shall have sole responsibility for any event or occurrence regarding the Quantity of Gas in that Party's exclusive control and possession, and shall indemnify, defend and hold harmless the other Party with regard to such event or occurrence in accordance with Article XX hereof, except to the extent of the fault, negligence or willful misconduct of the other Party, or except to the extent the other Party fails to comply with the terms of this Agreement.
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POSSESSION AND RESPONSIBILITY. As between Shipper and Gatherer, Shipper shall be in control and possession of all gas deliverable hereunder until such gas is delivered at the Receipt Point and after gas has been redelivered by Gatherer to the designated Delivery Point. Shipper will be fully responsible and liable for any and all gas loss, damages, claims, actions, expenses, liabilities, including reasonable attorneys’ fees, injury to and death of persons, property damage claims, or penalties for environmental damage, pollution, and contamination, caused or resulting from Shipper’s handling of said gas while in its control and possession or Shipper’s operation of its facilities, and SHIPPER AGREES TO INDEMNIFY, DEFEND AND HOLD GATHERER, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL LOSSES, CLAIMS, ACTIONS AND LIABILITIES, COSTS AND EXPENSES WITH RESPECT THERETO. As between Gatherer and Shipper hereto, Gatherer shall be in control and possession of the gas from and after the time such gas is received at the Receipt Point until it is redelivered at the designated Delivery Point and Gatherer will be fully responsible and liable for any and all damages, claims, actions, expenses, liabilities, including reasonable attorneys’ fees, injury to and death of persons, property damage claims, or penalties for environmental damage, pollution, or contamination, caused or resulting from Gatherer’s handling of said gas while in its control and possession or Gatherer’s operation of the System, and GATHERER AGREES TO INDEMNIFY, DEFEND AND HOLD SHIPPER, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL LOSSES, CLAIMS, ACTIONS AND LIABILITIES, COSTS AND EXPENSES WITH RESPECT THERETO.
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POSSESSION AND RESPONSIBILITY. Title, possession, control, and risk of loss of all Gas and all constituent components contained therein delivered by Producer to Processor will remain with Producer prior to the Receipt Points. After receipt by Processor at the Receipt Points, possession, control, and risk of loss of all Gas and all constituent components contained therein will pass to Processor at the Receipt Point. The Party having possession and control of the Gas at any time, regardless of title, will be responsible for any related damage or injury caused by the Gas while in its possession and control, except for any damage or injury caused by the other Party’s negligence or intentional wrongdoing. Each Party hereto will fully protect, indemnify, defend, and hold harmless the other Party from any and all claims, losses, damages, demands, suits, causes of action and liabilities, including environmental liability, (including, without limitation, court costs and attorneys’ fees) arising while the Gas is in its possession and control, except to the extent such claims, losses, damages, demands, suits, causes of action and liabilities arise or are caused by the other Party’s negligence or fault, whether imposed by statute, rule or regulation. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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POSSESSION AND RESPONSIBILITY 
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Related to POSSESSION AND RESPONSIBILITY

  • Position and Responsibilities During the term of Executive’s employment hereunder, Executive agrees to serve as an Executive Vice President of the Bank. Executive shall perform administrative and management services for the Bank which are customarily performed by persons in a similar executive officer capacity. During said period, Executive also agrees to serve as an officer and director of any subsidiary of the Bank or the Company, if elected.

  • Roles and Responsibilities 1. The Donor States shall make funds available in support of eligible programmes proposed by the Beneficiary State and agreed on by the Financial Mechanism Committee within the priority sectors listed in Article 3.1 of Protocol 38c and the programme areas listed in the Annex to Protocol 38c. The Donor States and the Beneficiary State shall cooperate on the preparation of concept notes defining the scope and planned results for each programme.

  • Role and Responsibilities During the Employment Period, the Executive shall serve as Chief Financial Officer of the Company, and shall perform such employment duties as are usual and customary for such position. The Executive shall report directly to the Chief Executive Officer of the Company (the “CEO”). At the Company’s request, the Executive shall serve the Company and/or its subsidiaries and affiliates in other capacities in addition to the foregoing, consistent with the Executive’s position hereunder. In the event that the Executive, during the Employment Period, serves in any one or more of such additional capacities, the Executive’s compensation shall not be increased beyond that specified in Section 2(b) hereof. In addition, in the event the Executive’s service in one or more of such additional capacities is terminated, the Executive’s compensation, as specified in Section 2(b) hereof, shall not be diminished or reduced in any manner as a result of such termination provided that the Executive otherwise remains employed under the terms of this Agreement.

  • Powers and Responsibilities The powers and responsibilities of the Partner Performance Committee and its Chairman individually shall be limited to those powers and responsibilities set forth expressly elsewhere in this Agreement (including, without limitation, in Sections 4.1, 4.3 and 8.3); provided, however, that the General Partner may delegate in writing such further power and responsibilities to the Partner Performance Committee or its Chairman as it shall deem necessary, advisable or appropriate in its sole and absolute discretion from time to time, which delegation may be set forth in this Agreement, as an amendment hereto (which shall not require the vote or approval of any Limited Partner) or a resolution duly adopted by the General Partner.

  • ALPS’ Responsibilities In connection with its performance of TA Web, ALPS shall:

  • Rights and Responsibilities of Escrow Agent The acceptance by the Escrow Agent of its duties hereunder is subject to the following terms and conditions, which the parties to this Agreement hereby agree shall govern and control the Escrow Agent's rights, duties, liabilities and immunities.

  • Tax Responsibility The Fund shall be liable for all taxes (including Taxes, as defined below) relating to its investment activity, including with respect to any cash or securities held by the Custodian on behalf of the Fund or any transactions related thereto. Subject to compliance by the Fund with its obligations under Section 7.1, the Custodian shall withhold (or cause to be withheld) the amount of any Tax which is required to be withheld under applicable law in connection with the collection on behalf of the Fund pursuant to this Agreement of any dividend, interest income or other distribution with respect to any security and the proceeds or income from the sale or other transfer of any security held by the Custodian. If any Taxes become payable with respect to any prior payment made to the Fund by the Custodian or otherwise, the Custodian may apply any credit balance in the Fund’s deposit account to the extent necessary to satisfy such Tax obligation. The Fund shall remain liable for any tax deficiency. The Custodian is not liable for any tax obligations relating to the Portfolio or the Fund, other than those Tax services as set out specifically in this Section 7. The Fund agrees that the Custodian is not, and shall not be deemed to be, providing tax advice or tax counsel. The capitalized terms “Tax” or “Taxes” means any withholding or capital gains tax, stamp duty, levy, impost, charge, assessment, deduction or related liability, including any addition to tax, penalty or interest imposed on or in respect of (i) cash or securities, (ii) the transactions effected under this Agreement, or (iii) the Fund.

  • Owners Responsibilities 2.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONTRACTOR's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONTRACTOR that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:

  • Tenant's Responsibility Landlord shall not be liable to Tenant or to any other person for (i) damage to property or injury or death to persons due to the condition of the Leased Premises, the Building or the common areas, or (ii) the occurrence of any accident in or about the Leased Premises or the common areas, or (iii) any act or neglect of Tenant or any other tenant or occupant of the Building or of any other person, unless such damage, injury or death is directly and solely the result of Landlord's negligence; and Tenant hereby releases Landlord from any and all liability for the same. Tenant shall be liable for, and shall indemnify and defend Landlord from, any and all liability for (i) any act or neglect of Tenant and any person coming on the Leased Premises or common areas by the license of Tenant, express or implied, (ii) any damage to the Leased Premises, and (iii) any loss of or damage or injury to any person (including death resulting therefrom) or property occurring in, on or about the Leased Premises, regardless of cause, except for any loss or damage covered by Landlord's all risk coverage insurance as provided in Section 8.02 and except for that caused solely and directly by Landlord's negligence. This provision shall survive the expiration or earlier termination of this Lease.

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