Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.
Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.1), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent selected by the Service Provider with reasonable care, and (iii) the Service Provider’s liability will be subject to the limitations set forth in this Agreement.
Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary, (i) HASI will not be liable to the Trust for any damages or losses save for those resulting from the willful default, fraud or negligence of HASI as a result of the performance or non-performance by HASI of its obligations and duties hereunder, and (ii) HASI shall not be liable to the Trust for any damages or losses caused by the performance or non-performance of any service provider selected by HASI with reasonable care; and (iii) HASI’s liability will be subject to the limitations set forth in this Agreement.
Responsibility for Losses. 17.5.1 MWA Customers and TFA Customers to Pay Losses
17.5.1.1 Each MWA customer or TFA customer, irrespective of whether it chose Grandfathered Rights or Grandfathered TCCs under Section 17.2.5, shall pay the ISO for losses under this ISO OATT. The Transmission Owner shall not charge for losses under the MWA or TFA to the extent the losses are provided under this ISO OATT. The MWA customer or TFA customer will pay or receive payment for losses between the Point of Injection and the Point of Withdrawal under the MWA or TFA listed in Attachment L, Table 1A, as calculated in accordance with this ISO OATT.
17.5.1.2 To the extent losses on the Transmission Owner’s system are not provided under this ISO OATT, the Transmission Owner may charge for losses unless prohibited from doing so under the MWA or TFA.
17.5.2 Third Party TWA Customers to Pay Losses
17.5.2.1 Each Third Party TWA customer, irrespective of whether it chose Grandfathered Rights or Grandfathered TCCs under Section 17.2.5, shall pay the ISO for losses under the ISO OATT. The Transmission Owner shall not charge for losses under the Third Party TWA to the extent the losses are provided under this ISO OATT. The Third Party TWA customer will pay or receive payment for losses between the Points of Injection and Points of Withdrawal under the Third Party TWA listed in Attachment L, Table 1A, as calculated in accordance with this ISO OATT.
17.5.2.2 To the extent losses on the Transmission Owner’s system are not provided under this OATT, the Transmission Owner may charge for losses, unless prohibited from doing so under the Third Party TWA.
Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary, (i) UAS will not be liable to the Trust for any damages or losses save for those resulting from the willful default, fraud or negligence of UAS as a result of the performance or non-performance by UAS of its obligations and duties hereunder, and (ii) UAS’s liability will be subject to the limitations set forth in this Agreement.
Responsibility for Losses. Subject to section 6 and the extent permitted by applicable law, you are responsible for any losses that result from use of your Online Banking Credentials or your Electronic Device. In addition, you are responsible for any losses that result if:
a. You make an entry error when using Online Banking;
b. You claim that an Account or Service was accessed by someone else but you do not co-operate fully in an investigation by us or the authorities; or
c. Someone else uses your Online Banking Credentials without your authority but your actions (or inaction) contribute to that unauthorized use. You acknowledge that the amount of losses for which you may be held liable is not limited to your Account balance. If your Account has overdraft or similar protection, your liability is not limited to the amount of that overdraft or similar protection. If your Account is a credit card or loan, you acknowledge that you may be held responsible for losses in excess of your credit limit. If you suspect someone is using your Online Banking Credentials or your Electronic Device without your authorization, you must notify us in accordance with Section 5 of this Agreement.
Responsibility for Losses. CFS shall be under no duty to take any action on behalf of a Fund except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by CFS in writing. CFS shall at all times act in good faith and agrees to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but assumes no responsibility for any loss arising out of any act or omission in carrying out its duties hereunder, except a loss resulting from CFS, its employees’ or its agents’ willful misfeasance, bad faith or gross negligence in the performance of CFS’s duties under this Agreement, or by reason of reckless disregard of CFS, its employees’ or its agents’ obligations and duties hereunder. Notwithstanding the foregoing, the limitation on CFS’s liability shall not apply to the extent any loss or damage results from any fraud committed by CFS or any intentionally bad or malicious acts (that is, acts or breaches undertaken purposefully under circumstances in which the person acting knows or has reason to believe that such act or breach violates such person’s obligations under this Agreement or can cause danger or harm) of CFS. Without limiting the generality of the foregoing or of any other provision of this Agreement, (i) CFS shall not be liable for losses beyond its control, provided that CFS has acted in accordance with the standard of care set forth above; and (ii) CFS shall not be liable for (A) the validity or invalidity or authority or lack thereof of any oral or written instructions provided by the Fund, notice or other instrument which conforms to the applicable requirements of this Agreement, and which CFS reasonably believes to be genuine; or (B) subject to Section 15, delays or errors or loss of data occurring by reason of circumstances beyond CFS’s control, including fire, flood, catastrophe, acts of God, insurrection, war, riots or failure of the mails, transportation, communication or power supply.
Responsibility for Losses. The Service Provider will be liable for the Client’s direct damages resulting from: (i) failure of the Service Provider to meet its Standard of Care under this Section; or (ii) if a Citi employee, contractor or Agent has breached any internal Citi policy related to the delivery of services under the Agreement. In addition, the Service Provider will be liable for the Client’s direct damages resulting from the failure of any Affiliate, Agent, or delegate to meet its Standard of Care under this Section.
Responsibility for Losses. You are responsible for any losses that result from your own use of your User ID and Passwords. You are also responsible for any Losses that result if: You make an entry error when using any of the Services; You claim that an Account or Service was accessed by someone else but you do not co-operate fully in an investigation by us or the authorities; or Someone else uses your User ID without your authority but your actions (or inaction) contribute to that unauthorized use. You acknowledge that the amount of Losses for which you may be held liable is not limited to the Account balance if the Account has overdraft or similar protection or by your credit limit if it is a credit card account or loan account.
Responsibility for Losses. Sxxxxxxx shall be under no duty to take any action on behalf of a Fund except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by Sxxxxxxx in writing. Sxxxxxxx shall at all times act in good faith and agrees to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but assumes no responsibility for any loss arising out of any act or omission in carrying out its duties hereunder, except a loss resulting from Sxxxxxxx, its employees’ or its agents’ willful misfeasance, bad faith or gross negligence in the performance of Sudrania’s duties under this Agreement, or by reason of reckless disregard of Sxxxxxxx, its employees’ or its agents’ obligations and duties hereunder. Notwithstanding the foregoing, the limitation on Sudrania’s liability shall not apply to the extent any loss or damage results from any fraud committed by Sxxxxxxx or any intentionally bad or malicious acts (that is, acts or breaches undertaken purposefully under circumstances in which the person acting knows or has reason to believe that such act or breach violates such person’s obligations under this Agreement or can cause danger or harm) of Sxxxxxxx.
