RESPONSIBILITIES AND LIABILITY Sample Clauses

RESPONSIBILITIES AND LIABILITY. Parties to this MOA are absent any shared responsibility for maintenance, repair, and enhancement of the railroad spur track and/or ROW; or any military operations thereupon, unless otherwise specified herein. Further, all parties to this MOA are held harmless, both individually and jointly, for any damage to the railroad track spur, ROW, or associated military property resulting from acts of nature, or malicious activity.
Sample 1Sample 2
AutoNDA by SimpleDocs
RESPONSIBILITIES AND LIABILITY. Parties to this MOA are absent any shared responsibility for maintenance, repair, and enhancement of the AFWA retained headquarters offices, support facilities, and other improvements; or any IDNR operations thereupon, unless otherwise specified herein. Further, all parties to this MOA are held harmless, both individually and jointly, for any damage to the AFWA headquarters offices, support facilities, and other improvements, or associated IDNR property resulting from acts of nature, or malicious activity.
Sample 1Sample 2
RESPONSIBILITIES AND LIABILITY. Parties to this MOA are absent any shared responsibility for the identification, establishment, or maintenance of the DoD required ATFP Buffer, unless otherwise specified herein. Further, all parties to this MOA are held harmless, both individually and jointly, for any claims of damage associated with the designated ATFP Buffer established circuitous to, and within the boundary traces of Camp Xxxxxxxxx.
Sample 1Sample 2
RESPONSIBILITIES AND LIABILITY. ASSET INTELLIGENCE PORTFOLIO MANAGEMENT will perform the Service to the level of skill and care that would reasonably be expected of a professional provider.
Sample 1
RESPONSIBILITIES AND LIABILITY. 8.1. The Associated Partner undertakes to perform all the obligations as set out in this Agreement, including the obligations as set out in the EC-Contract and the Consortium Agreement, which are applicable on the Associated Partner. 8.2. The Consortium cannot be held liable for acts or omissions committed by the Associated Partner performing this Agreement. The Associated Partner has to safeguard and indemnify the Consortium against any costs, remunerations, claims (including infringement of third party intellectual property rights claims), expenses or proceedings which are the result of claims by third parties, including the European Commission, which arises out of the non-compliance of the obligations as set out in this Agreement, including the obligations as set out in the EC-Contract and the Consortium Agreement, which are applicable on the Associated Partner.
Sample 1
RESPONSIBILITIES AND LIABILITY a. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the service received by the Client. b. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client’s behalf. During project development, Client will be responsive and cooperative with CivicPlus to ensure the project development is completed in a timely manner. c. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client’s behalf. During Project Development, Client will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner. d. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-user’s personal data on any service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the services or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of personal data. e. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy (the “Privacy Policy” found at xxxxx://xxx.xxxxxxxxx.xxx/privacy-policy”). CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Client data. Except (a) in order to provide the services; (b) to prevent or address service or technical problems in connection with support matters; (c) as expressly permitted in writing by Client; or (d) in compliance with our Privacy Policy, CivicPlus will not modify Client data or disclose Client data, unless specifically directed by Client or compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete known malicious accounts without Client authorization. CivicPlus’ liability arising out of or related to this Agreement will not exceed the Annual Recurring Services amounts paid by Client in the year prior to such claim of liability. f. CivicPlus warrants that the services will perform substantially in accordance with documentation and ma...
Sample 1
RESPONSIBILITIES AND LIABILITY. 12.1 ASSET INTELLIGENCE PORTFOLIO MANAGEMENT will perform the Service to the level of skill and care that would reasonably be expected of a professional provider. 12.2 ASSET INTELLIGENCE PORTFOLIO MANAGEMENT will not accept liability arising from any acts or omissions of ASSET INTELLIGENCE PORTFOLIO MANAGEMENT other than instances of negligence, fraud or wilful default. 12.3 ASSET INTELLIGENCE PORTFOLIO MANAGEMENT will not be responsible for any liabilities arising because of any circumstance outside of its reasonable control or for the acts, omissions or default of third party service 12.4 ASSET INTELLIGENCE PORTFOLIO MANAGEMENT does not accept responsibility for duties other than those expressly set out in these Terms. 12.5 ASSET INTELLIGENCE PORTFOLIO MANAGEMENT and the Adviser are Data Controllers and undertake to adhere to the General Data Protection Regulation Act 2018 in all matters relating to personal data.
Sample 1
AutoNDA by SimpleDocs
RESPONSIBILITIES AND LIABILITY. We provide a service in arranging accommodation, transportation, sightseeing, admissions, and any other services from third parties as agreed in each itinerary. We shall not be held liable for any injury, damage, loss, accident, delay, or irregularity which may be occasioned by any company or person engaged in conveying the passengers, providing the services, or otherwise in connection therewith, of any hotel owner, manager or employee. We do not own or operate, nor are we an agent of any of the Suppliers which will provide goods and services for the trip or any option which may be available in connection with the trip. You agree to seek remedies directly with the Supplier and not hold us liable in the event of negligence, loss, injury, delay or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods and services for the trip or any available option. You also agree not to hold us liable for circumstances beyond our control (e.g. Force Majeure, terrorism, war, or acts of God). We accept no responsibility for losses or extra cost due to delays, schedule changes, or cancellations in train, bus, ship, airlines or other land, lake or river services, medical issues, bad weather/climate conditions, war, terrorist acts, strikes, quarantine, luggage delay or loss, or other causes. In the event an airline or travel supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. Money given to our Agency immediately becomes the property of the airline or travel supplier as required by law. We are not allowed to provide refunds for suppliers who have declared bankruptcy. If an airline or travel supplier declares bankruptcy, it might continue services or stop completely. Other airlines or travel suppliers may, but do not have to, provide alternative services. We shall not be liable for any circumstances beyond our control, including, but not limited to, acts of God, explosions, flood, forceful wind, fire or accident, war or threat of war, declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disobedience, sickness, epidemics, pandemics, quarantines, government intervention, weather conditions, defects in machinery or vehicles, delays or other unforeseen events (collectively, “Force Majeure”). We shall not be liable to you and shall not provide any refunds caused by delay or non- performance of any obligation under this a...
Sample 1
RESPONSIBILITIES AND LIABILITY. 8.1 Cargoplot has no responsibility or liability for any services provided to Shipper by Forwarder and Forwarder is responsible and liable for (any damages occurring from) the execution of the Shipping Agreement. In addition, Cargoplot accepts no liability for disputes between Shipper and Forwarder. 8.2 Cargoplots accountability and responsibility are limited to the fulfilment of the warranty obligations described in Article 7, with due observance of the following. Cargoplot’s liability for direct damages shall at all times be limited to: a) the Fee Shipper was obliged to pay for the Services which specifically and directly caused the direct damage (exclusive VAT); or b) if the damage is covered by Cargoplot’s commercial liability insurance, the amount actually paid out by the insurer. 8.3 Apart from intention or gross negligence on the part of Cargoplot, Cargoplot shall not be liable for indirect, material or immaterial damage, including but not limited to the following: loss of profits, consequential damages, lost savings and damage due to business stagnation. 8.4 Shipper must address Cargoplot in writing within 6 (six) months at the latest after Xxxxxxx has become aware or could have become aware of the damage he has suffered. Contrary to the above, a period of 1 (one) year applies to a Consumer. 8.5 The limitations of liability included in this Article 8 only applies to a Consumer to the extent permitted by law and does not apply if the damage is due to intent and/or gross negligence on the part of Cargoplot or if mandatory legal provisions dictate otherwise.
Sample 1

Related to RESPONSIBILITIES AND LIABILITY

  • Responsibility and Liability 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the End-User’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User the full amount of the price paid by the End-User for that Licensed Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application.

  • Responsibilities of Both Parties 6.1 The CLEC providing the circuit between CLEC’s office and SBC-12STATE’s office shall make such circuits available for use in connection with the DA services covered herein. When the total traffic exceeds the capability of the existing circuits, additional circuits will be provided by the CLEC. 6.2 Where applicable, if additional ADAX cards and ASN Routers (with sync and token ring cards) are necessary, they will be provided by SBC-12STATE, and CLEC will reimburse SBC-12STATE for the cost, plus Engineering, Furnish and Installation.

  • Responsibilities of Client a. Client shall exclusively retain the services of Consultant to perform the Scope of Work, in accordance with, and subject to, the other provisions of this Agreement. b. Client shall provide access for Consultant and its subcontractors to the Site, and shall enter into access agreements with other third party property owners, as necessary for Consultant to complete the performance of the Scope of Work. c. Client shall, as necessary to complete the Scope of Work: (i) cooperate and assist Consultant with the preparation and submittal, to PADEP, PAUSTIF, local governing authorities and others, of all information and documents including, without limitation, correspondence, notices, reports, data submittals, restrictive covenants, engineering and institutional controls, and the like; and (ii) implement and maintain any engineering or institutional controls. d. Client shall transmit to Consultant copies of all documentation, correspondence, reports, and the like, sent or received by Client, regarding the Scope of Work at the Site. e. Client shall make a good faith effort to minimize any and all interference with the progress of the Scope of Work if the Site is remodeled or otherwise modified. Client shall also make a good faith effort to place this condition on third parties that are not a party to this Agreement including, but not limited to, current owners, future owners, current operators, future operators, current lessees and future lessees.

  • RESPONSIBILITIES OF PARTIES A. BST will include billing number information associated with resold exchange lines or SPNP arrangements in its LIDB. The Local Exchange Company will request any toll billing exceptions via the Local Service Request (LSR) form used to order resold exchange lines, or the SPNP service request form used to order SPNP arrangements. B. Under normal operating conditions, BST shall include the billing number information in its LIDB upon completion of the service order establishing either the resold local exchange service or the SPNP arrangement, provided that BST shall not be held responsible for any delay or failure in performance to the extent such delay or failure is caused by circumstances or conditions beyond BST’s reasonable control. BST will store in its LIDB an unlimited volume of the working telephone numbers associated with either the resold local exchange lines or the SPNP arrangements. For resold local exchange lines or for SPNP arrangements, BST will issue line-based calling cards only in the name of Local Exchange Company. BST will not issue line- based calling cards in the name of Local Exchange Company’s individual end users. In the event that Local Exchange Company wants to include calling card numbers assigned by the Local Exchange Company in the BST LIDB, a separate agreement is required. C. BST will provide responses to on-line, call-by-call queries to the stored information for the specific purposes listed in the next paragraph. D. BST is authorized to use the billing number information to perform the following functions for authorized users on an on-line basis: 1. Validate a 14 digit Calling Card number where the first 10 digits are a line number or special billing number assigned by BST, and where the last four digits (PIN) are a security code assigned by BST. 2. Determine whether the Local Exchange Company has identified the billing number as one which should not be billed for collect or third number calls, or both.

  • Responsibilities and Duties (a) As President and Chief Executive Officer, the Executive shall serve under the board of directors of the Bank and will perform all duties and will have all powers associated with these positions, as set forth in any job description provided to the Executive by the Bank or as may be set forth in the bylaws of the Bank. The Executive shall report directly to the board of directors of the Bank. (b) During the period of his employment hereunder, except for reasonable periods of absence occasioned by illness, reasonable vacation periods, and other reasonable leaves of absence approved by the board of directors of the Bank, the Executive will devote all of his business time, attention, skill and efforts to the faithful performance of his duties under this Agreement, including activities and duties directed by the board of directors. Notwithstanding the preceding sentence, subject to the approval of the board of directors, the Executive may serve as a member of the board of directors of business, community and charitable organizations, provided that in each case the service shall not materially interfere with the performance of his duties under this Agreement, adversely affect the reputation of the Bank or any of its affiliates, or present any conflict of interest. Nothing in this Section 1.2 shall prevent the Executive from managing personal investments and affairs, provided that doing so also does not interfere with the proper performance of the Executive’s duties and responsibilities under this Agreement.

  • Responsibilities of Contractor A. The Contractor shall perform all work on the described project as required by the Contract documents. The work to be performed includes the labor and services necessary to produce such replacement, and all materials, supplies, tools, transportation, equipment, and machinery required for replacement. B. This project bid includes all materials, labor and equipment to complete the reconstruction and resurfacing of streets as outlined in the Project Manual for WWREYN - XXXXXXXX SANITARY SEWER - PHASE 1 dated March 25th, 2021 as outlined in Attachment A.

  • Responsibilities of the Parties 1.5.1 The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Operating Requirements, and

  • RESPONSIBILITIES OF CITY City or its representative shall issue all communications to Contractor. City has the authority to request changes in the work in accordance with the terms of this Agreement and with the terms in Exhibit A – Scope of Work. City has the authority to stop work or to suspend any work.

  • Patent Filing Responsibilities and Costs 1. The invention and patent rights herein apply to any patent application or patents covering an invention made under this Agreement. Each Party is responsible for its own costs of obtaining and maintaining patents covering sole inventions of its employees. The Parties may agree otherwise, upon the reporting of any invention (sole or joint) or in any license granted. 2. Partner shall include the following in patent applications for an invention made jointly between NASA employees, its Related Entity employees and Partner employees: The invention described herein may be manufactured and used by or for the U.S. Government for U.S. Government purposes without the payment of royalties thereon or therefore.

  • Responsibilities of Seller Anything herein to the contrary notwithstanding, the exercise by Agent, the Purchaser Agents and the Purchasers of their rights hereunder shall not release Servicer, any Originator or Seller from any of their duties or obligations with respect to any Receivables or under the related Contracts. The Purchasers shall have no obligation or liability with respect to any Receivables or related Contracts, nor shall any of them be obligated to perform the obligations of Seller.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!