Reduction of XXXX'x liability. XXXX'x liability to the Subscriber under this clause 15 will be reduced to the extent that: (a) the Subscriber's loss is caused or contributed to by: (i) any action taken by XXXX in accordance with its obligations under the Operating Requirements, including Operating Requirement 7.10; (ii) the Subscriber's breach of this Participation Agreement or by the negligence of the Subscriber; or (iii) the act or omission of any government agency, State or Federal (including, but not limited to, a Land Registry or Duty Authority or the Reserve Bank of Australia); or (b) the Subscriber did not take reasonable steps to mitigate any potential loss.
Appears in 12 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
Reduction of XXXX'x liability. XXXX'x liability to the Subscriber under this clause 15 will be reduced to the extent that:
(a) the Subscriber's loss is caused or contributed to by:
(i) any action taken by XXXX PEXA in accordance with its obligations under the Operating Requirements, including Operating Requirement 7.10;
(ii) the Subscriber's breach of this Participation Agreement or by the negligence of the Subscriber; or
(iii) the act or omission of any government agency, State or Federal (including, but not limited to, a Land Registry or Duty Authority or the Reserve Bank of Australia); or
(b) the Subscriber did not take reasonable steps to mitigate any potential loss.
Appears in 3 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement