RECOGNITION OF RISK Sample Clauses

RECOGNITION OF RISK. Client recognizes that services and opinions relating to Geosyntec’s review of an applicant’s assessment or characterization of environmental, geologic, and geotechnical conditions is based on limited data and that actual conditions may vary from those encountered at the times and locations where data are obtained, and that the limited data results and uncertainty with respect to the interpretation of these conditions, despite the use of due professional care. In addition, any estimate of costs prepared by Geosyntec represents judgment as a design professional and is supplied for the general guidance of the Client. Since Geosyntec has no control over the cost of labor and material, or over competitive bidding or market conditions, Geosyntec does not guarantee the accuracy of such estimates as compared to Contractor bids or actual cost to the Client. Accordingly, any estimates, forecasts and predictions provided as part of the Services are presented solely on the basis of the assumptions accompanying the estimates, forecasts and predictions.
Sample 1
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RECOGNITION OF RISK. Owner recognizes that environmental, geo- technical and surveying conditions can vary from those encountered at the time and locations where data are obtained by Engineer, and that the limitation on available data may result in some level of uncertainty with respect to the investigation of these conditions, despite the use of due professional care. If Engineer’s services include assessment, identification, or testing services the number of investigations Engineer makes, the number of samples Engineer collects, or the number of tests it performs are necessarily limited by budgetary and time constraints, and observations and samples because theAy. are obtained from a specific geographic location may not exactly represent similar samples or observations in the immediate vicinity. Owner agrees to the amount or level of testing performed and the associated risk. Engineer does not guarantee that all
Sample 1
RECOGNITION OF RISK. 16.1. The Client is aware of the fact that Securities purchasing and selling involve risk by their nature and that the value of the assets invested in the stock-exchange can depreciate from time to time. The Client shall bear the risk in full and the Company shall not be responsible for any losses incurred. 16.2. The Client undersigned, hereby confirms its desire and acceptance to deal in delisted Securities through Over The Counter (OTC) mechanism, and it is fully aware that these Securities traded through the OTC mechanism are Securities that were delisted on the EGX for failing to comply with the listing rules, procedures of listing and continuance of listing and disclosure at the EGX; the Client also acknowledges that it is fully aware that dealing on delisted Securities is subject to non-disclosure risks , and confirms that the Company has informed it of these risks and it intends to deal in these Securities without any further legal liability on the Company.
Sample 1
RECOGNITION OF RISK. Client recognizes that services and opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where data are obtained, and that the limited data results and uncertainty with respect to the interpretation of these conditions, despite the use of due professional care. In addition, any estimate of costs prepared by Geosyntec represents judgment as a design professional and is supplied for the general guidance of the Client. Since Geosyntec has no control over the cost of labor and material, or over competitive bidding or market conditions, Geosyntec does not guarantee the accuracy of such estimates as compared to Contractor bids or actual cost to the Client. Accordingly, any estimates, forecasts and predictions provided as part of the Services are presented solely on the basis of the assumptions accompanying the estimates, forecasts and predictions.
Sample 1
RECOGNITION OF RISK. Straco recognizes that the Exchange involves a high degree of risk. In this regard, Straco has read the Materials, and understands, in addition thereto, that (i) an investment in the Company is speculative; (ii) Straco may not be able to liquidate the investment; (iii) transferability of the EMH Shares resulted from the Exchange is restricted; and (iv) in the event of a disposition, Straco could sustain the loss of its entire investment.
Sample 1
RECOGNITION OF RISK. The limited legal consultation and advice you receive today is based on the information and documents you provide regarding your immigration and/or criminal history. In order to apply for deferred action in a more timely manner, you understand that today’s clinic may not be able to provide criminal background checks or file requests for immigration records to review any additional history before advising you. However, you can request your own records before applying for deferred action or by seeking an attorney to file the requests for you. Furthermore, although the advocate today will advise you on the benefits and risks of applying, you understand that the advocate today has made no promise that you will be approved for deferred action. Even if deferred action is granted, it is a temporary benefit that provides work authorization for up to two years, and the advocate today makes no promises regarding future immigration consequences after it expires or if it is revoked for any reason.
Sample 1
RECOGNITION OF RISK. 15.1. The Client is aware of the fact that Securities purchasing and selling involve risk by their nature and that the value of the assets invested in the stock-exchange can depreciate from time to time. The Client shall bear the risk in full and the Company shall not be responsible for any losses incurred. 15.2. The Client undersigned, hereby confirms his/her desire and acceptance to deal in delisted Securities through Over The Counter (OTC) mechanism, and he/she is the fully aware that these Securities traded through the OTC mechanism are Securities that were delisted on the EGX for failing to comply with the listing rules, procedures of listing and continuance of listing and disclosure at the EGX; the Client also acknowledges that he/sh is fully aware that dealing on delisted Securities is subject to non-disclosure risks , and confirms that the Company has informed him /her of these risks and he/she intend to deal in these Securities without any further legal liability on the Company.
Sample 1
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RECOGNITION OF RISK. Renter expressly acknowledges that activities associated with the use of boats and equipment involves inherent risks of injury to persons and property. Renter is aware of those risks and understands them. Renter acknowledges that safety equipment (e.g. personal floatation devices/life jackets) are made available and that all renters are required to use such safety equipment at all times while using boats and equipment. Xxxxxx understands that use of such safety equipment does not remove all risks of injury. Renter alone has determined the sufficiency of any safety gear or other precautions that renter decides to take in order to minimize the risks of the activity. No party related to Lone Star Marina Rentals, LLC, including employees, subcontractors and agents, have made any representations regarding the safety of, or the risks of, such activities. Renter expressly assumes the risks of the activity.
Sample 1

Related to RECOGNITION OF RISK

  • Allocation of Risk Licensee acknowledges and agrees that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement.

  • Assumption of Risk I acknowledge that sailboat racing involves risks, and I freely assume all risks, including the risks of serious personal injury, death or permanent disability arising from the Participant’s participation in the Regatta and shore side activities, including accidents, collisions, falling, drowning, exposure, overexertion, sea or weather conditions, well as all unforeseen risks. I acknowledge that this Regatta is a voluntary recreational event and the Participant is free to withdraw at any time.

  • RECOGNITION 1. For the purposes of the fulfillment, in whole or in part, of its standards or criteria for the authorization, licensing or certification of services suppliers, and subject to the requirements of paragraph 3, a Party may recognize the education or experience obtained, requirements met, or licences or certifications granted in the other Party or a non-Party. Such recognition, which may be achieved through harmonization or otherwise, may be based upon an agreement or arrangement with the other Party or a non-Party concerned or may be accorded autonomously. 2. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity for the other Party, if the other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate comparable ones with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that education, experience, licences or certifications obtained or requirements met in that other Party's territory should be recognized.

  • Assumption of Risks The Borrower assumes all risks of the acts or omissions of any beneficiary of any Letter of Credit or any transferee thereof with respect to its use of such Letter of Credit. Neither the Issuing Bank (except in the case of gross negligence or willful misconduct on the part of the Issuing Bank or any of its employees), its correspondents nor any Lender shall be responsible for the validity, sufficiency or genuineness of certificates or other documents or any endorsements thereon, even if such certificates or other documents should in fact prove to be invalid, insufficient, fraudulent or forged; for errors, omissions, interruptions or delays in transmissions or delivery of any messages by mail, telex, or otherwise, whether or not they be in code; for errors in translation or for errors in interpretation of technical terms; the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; the failure of any beneficiary or any transferee of any Letter of Credit to comply fully with conditions required in order to draw upon any Letter of Credit; or for any other consequences arising from causes beyond the Issuing Bank’s control or the control of the Issuing Bank’s correspondents. In addition, neither the Issuing Bank, the Administrative Agent nor any Lender shall be responsible for any error, neglect, or default of any of the Issuing Bank’s correspondents; and none of the above shall affect, impair or prevent the vesting of any of the Issuing Bank’s, the Administrative Agent’s or any Lender’s rights or powers hereunder or under the Letter of Credit Agreements, all of which rights shall be cumulative. The Issuing Bank and its correspondents may accept certificates or other documents that appear on their face to be in order, without responsibility for further investigation of any matter contained therein regardless of any notice or information to the contrary. In furtherance and not in limitation of the foregoing provisions, the Borrower agrees that any action, inaction or omission taken or not taken by the Issuing Bank or by any correspondent for the Issuing Bank in good faith in connection with any Letter of Credit, or any related drafts, certificates, documents or instruments, shall be binding on the Borrower and shall not put the Issuing Bank or its correspondents under any resulting liability to the Borrower.

  • RECOGNITION OF UNION Clause 2.01 The Employer hereby recognizes the Union as the sole and exclusive collective bargaining agency for all employees of Greater Sudbury Hydro Plus Incorporated in respect of hours of work, wages and working conditions save and except non-union supervisors, persons above the rank of non-union supervisor, and staff employed in a confidential capacity in matters relating to Labour Relations. That the Employer agrees to recognize the duly appointed officials of the employees as the Official Committee(s) of the Union pertaining to the question of wages, hours of work and working conditions. The Union shall have the right to have the assistance of representatives of the Canadian Union of Public Employees when dealing with the Employer, or their duly appointed designates. Persons whose jobs are not in the Bargaining Unit shall not work on any jobs which are included in the Bargaining Unit to the extent that this would eliminate positions. There shall be no Union activity of any kind on the Employer's time other than that provided for in this Agreement or that specifically authorized by the Employer. No person shall be required as a condition of employment to become or remain a member of any Union or other organization. The Employer shall, for direct collective bargaining prior to Conciliation, pay the normal wages and benefits for maximum of three (3) employees who are members of the Union Negotiating Committee for a total of one hundred and twenty (120) hours and thereafter pay fifty percent (50%) of normal wages and full benefits.

  • Assumption of Risks; Liability Resident ASSUMES ALL RISKS associated with use of the Property, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; or (ii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or by breach of any express or implied warranty, all except solely to the extent of Owner’s liability expressly arising under applicable law and to the extent such liability may not be waived or released under law. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses as allowed by law, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing will be binding to the fullest extent permitted by law.

  • Recognition of Previous Experience (a) The Employer will recognize recent related RN experience on the basis of one (1) annual increment for each one (1) year of service up to the maximum of the grid. Part-time service shall be recognized on the basis of fifteen hundred (1500) hours paid in previous employment equals one (1) year of service. It shall be the responsibility of a newly hired employee to make a claim of recent and related experience within the probationary period in order to be considered for a salary increment. If she/he fails to make a claim in the specified time period or fails to provide reasonable proof of recent related experience, she/he shall not be entitled to recognition.

  • Evaluation of Risks The Investor has such knowledge and experience in financial tax and business matters as to be capable of evaluating the merits and risks of, and bearing the economic risks entailed by, an investment in the Company and of protecting its interests in connection with this transaction. It recognizes that its investment in the Company involves a high degree of risk.

  • Performance of Service; Limitation of Liability A. PFS shall exercise reasonable care in the performance of its duties under this Agreement. PFS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with matters to which this Agreement relates, including losses resulting from mechanical breakdowns or the failure of communication or power supplies beyond PFS's control, except a loss arising out of or relating to PFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, if PFS has exercised reasonable care in the performance of its duties under this Agreement, the Trust shall indemnify and hold harmless PFS from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which PFS may sustain or incur or which may be asserted against PFS by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder, except for any and all claims, demands, losses, expenses, and liabilities arising out of or relating to PFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence or from willful misconduct on its part in performance of its duties under this Agreement, (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to PFS by any duly authorized officer of the Trust, such duly authorized officer to be included in a list of authorized officers furnished to PFS and as amended from time to time in writing by resolution of the Board of Trustees of the Trust. PFS shall indemnify and hold the Trust harmless from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which the Trust may sustain or incur or which may be asserted against the Trust by any person arising out of any action taken or omitted to be taken by PFS as a result of PFS's refusal or failure to comply with the terms of this Agreement, its bad faith, negligence, or willful misconduct. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, PFS shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond PFS's control. PFS will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of PFS. PFS agrees that it shall, at all times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Trust shall be entitled to inspect PFS's premises and operating capabilities at any time during regular business hours of PFS, upon reasonable notice to PFS. B. In order that the indemnification provisions contained in this section shall apply, it is understood that if in any case the indemnitor may be asked to indemnify or hold the indemnitee harmless, the indemnitor shall be fully and promptly advised of all pertinent facts concerning the situation in question, and it is further understood that the indemnitee will use all reasonable care to notify the indemnitor promptly concerning any situation which presents or appears likely to present the probability of a claim for indemnification. The indemnitor shall have the option to defend the indemnitee against any claim which may be the subject of this indemnification. In the event that the indemnitor so elects, it will so notify the indemnitee and thereupon the indemnitor shall take over complete defense of the claim, and the indemnitee shall in such situation initiate no further legal or other expenses for which it shall seek indemnification under this section. The indemnitee shall in no case confess any claim or make any compromise in any case in which the indemnitor will be asked to indemnify the indemnitee except with the indemnitor's prior written consent. C. PFS is hereby expressly put on notice of the limitation of shareholder, Trustee, officer, employee or agent liability as set forth in the Declaration of Trust of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more Funds, the obligations hereunder shall be limited to the respective assets of such Fund. PFS further agrees that it shall not seek satisfaction of any such obligation from any shareholder of a Fund, nor from any Trustee, officer, employee or agent of the Trust.

  • Recognition of Stewards The Employer recognizes employees who are designated by the Union as stewards to act on behalf of the employees.

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