Responsibility of Parties. 51.3.1 The Parties agree to abide by the following if a forecast cannot be agreed to: Local Interconnection Trunk Groups will be provisioned to the higher forecast. A blocking standard of one percent (1%) during the average busy hour shall be maintained. Should the Parties not agree upon the forecast, and the Parties engineer facilities at the higher forecast, the Parties agree to abide by the following:
a. In the event that CLEC over-forecasts its trunking requirements by twenty percent (20%) or more, and CenturyLink acts upon this forecast to its detriment, CenturyLink may recoup any actual and reasonable expense it incurs.
b. The calculation of the twenty percent (20%) over-forecast will be based on the number of DS1 equivalents for the total traffic volume exchanged between the Parties.
51.3.2 In addition to the joint trunk group forecasting established in Section 51.1, discussions to provide relief to existing facilities can be initiated by either Party. Actual system augmentations will be initiated upon mutual agreement.
51.3.3 Both Parties will perform a joint validation to ensure current Interconnection Facilities and associated trunks have not been over-provisioned. If any facilities and/or associated trunks are over-provisioned, they will be turned down where appropriate. Trunk design blocking criteria described in Section 64.3.4 will be used in determining trunk group sizing requirements and forecasts.
51.3.4 If, based on the forecasted equivalent DS-1 growth, the existing facilities are not projected to exhaust within one year, the Parties will suspend further relief planning on this Interconnection until a date one (1) year prior to the projected exhaust date. If growth patterns change during the suspension period, either Party may re-initiate the joint planning process.
51.3.5 Both Parties will negotiate a project service date and corresponding work schedule to construct relief facilities prior to facilities exhaust.
Responsibility of Parties. 4.1. The Partner is informed and agrees that the Company shall not be liable for the Partner’s acts or omissions in conducting transactions on his/her Main trading account.
4.2. The Partner guarantees the Company protection against various liabilities, costs, damages, which may occur both directly and indirectly due to the failure of the Partner to fulfill his/her obligations under this Agreement and the Client Agreement.
4.3. The Partner guarantees that the information he/she provides to the Referrals and to the Company is true and accurate.
4.4. The Partner guarantees that he/she will not use either design of the Company’s site or elements (including full or partial copying of the content or structure), or the logo and banners without written agreement with the Company.
4.5. The Partner agrees that he/she bears full responsibility for confidentiality and the use of any secret information necessary to access the services of the Company and ensures protection of secret information and passwords The Partner has full responsibility in case of the loss or transfer of this data to third parties.
4.6. The Partner agrees that the Company is not responsible for malfunction of the telephone network, Internet, or any other services provided by third parties, as well as for events and circumstances beyond the control of the Company.
4.7. The Partner agrees that in compliance with the program to prevent legalization of illegally obtained income, the Company has the right to request the details of Partner’s payment system that was opened in the name of the Partner and impose restrictions for withdrawal funds from Company’s account so that the funds can be only transferred by use of the payment details specified by the Partner. If the Partner refuses to provide the required details, the Company has the right to freeze all operations on the account until requested the information is provided.
4.8. The Company shall under no circumstances be held liable for any actions of the Partner committed in violation of the provisions of this Agreement. If the Partner had the intention to perform some action, but did not commit it for some reason, the Company would not reimburse the Partner for lost profits, damages incurred as a result of losses, or moral damage.
4.9. The Company at its own discretion may provide information and advice to the Partner, however, the Company will not be held liable for consequences, losses, or profit gained as a result of such advice or recommendatio...
Responsibility of Parties. Section 1: Negotiating representatives. The parties hereto agree that the CLC is acting only as the negotiating representative for its subscribing members and that it shall not be liable as a corporate entity for any violation of this Agreement by any of its subscribing members. The CLC certifies that it is authorized by its membership to execute this Agreement on their behalf.
Section 2: Several, not joint liability. Union agrees that the breach or violation of this Agreement by any one or more members of the CLC, shall not be treated by them as cause for calling a strike, work interruption, sympathy strike, picketing or sick-outs against any member, including members not in violation. Union further agrees that the members of the CLC shall be severally, and not jointly, liable for any breach or violation of this Agreement.
Section 3: Agreements with non-signatory members. Upon request, the Union shall furnish the CLC with a copy of any agreement between the Union and any Contractor or Contractors not a member of the CLC, wherein such Contractor agrees to work under the terms and/or conditions set forth in this Agreement. The CLC shall furnish the Union, upon the Union’s request, with a list of the CLC’s members; the list shall include all members with whom the CLC is signatory, whether signatory to this agreement or any other agreement.
Section 4: Conflicts of law. In the event any provision of this Agreement is held to be in conflict with any state or federal law applicable hereto, the parties shall not be bound by the provisions affected by such law, but all other provisions of this Agreement shall continue in full force and effect.
Responsibility of Parties. 51.3.1 In addition to the joint trunk group forecasting established in Section 51.1, discussions to provide relief to existing facilities can be initiated by either Party. Actual system augmentations will be initiated upon mutual agreement.
51.3.2 Both Parties will perform a joint validation to ensure current Interconnection facilities and associated trunks have not been over- provisioned. If any facilities and/or associated trunks are over- provisioned, they will be turned down where appropriate. Trunk design blocking criteria described in Section 64.3.4 will be used in determining trunk group sizing requirements and forecasts.
51.3.3 If, based on the forecasted equivalent DS-1 growth, the existing facilities are not projected to exhaust within one year, the Parties will suspend further relief planning on this Interconnection until a date one (1) year prior to the projected exhaust date. If growth patterns change during the suspension period, either Party may re-initiate the joint planning process.
51.3.4 Both Parties will negotiate a project service date and corresponding work schedule to construct relief facilities prior to facilities exhaust.
Responsibility of Parties. Section 1: Negotiating representatives. The parties hereto agree that the CLC is acting only as the negotiating representative for its subscribing members, and that it shall not be liable as a corporate entity for any violation of this Agreement by any of its subscribing members. The CLC certifies that it is authorized by its membership to execute this Agreement on their behalf.
Section 2: Several, not joint liability. Union agrees that, aside from non-payment of wages and fringe benefits the breach or violation of this Agreement by any one or more members of the CLC shall not be treated by them as cause for calling a strike, work interruption, sympathy strike, picketing or sick-outs against any member, including members not in violation. Union further agrees that the members of the CLC shall be severally, and not jointly, liable for any breach or violation of this Agreement. The Constructors' Labor Council of West Virginia, Inc. agrees that the members of the Union signatory hereto, shall be severally, and not jointly, liable for any breach or violation of this Agreement.
Section 3: Agreements with non-signatory members. Union shall furnish the CLC with a copy of any agreement between the Union and any Contractor or Contractors not a member of the CLC wherein such Contractor agrees to work under the terms and/or conditions set forth in this Agreement. Upon written request, the CLC shall provide the Union with a list of contractors that have assigned bargaining rights to the CLC designating each respective Union in which the contractor is signatory.
Section 4: Conflicts of law. In the event any provisions of this Agreement are held to be in conflict with any state or federal law applicable hereto, the parties shall not be bound by the provisions affected by such law, but all other provisions of this Agreement shall continue in full force and effect.
Responsibility of Parties. 10.1. The Parties shall be held responsible for their failure to perform, or improper performance, of their respective obligations hereunder in the manner and within the scope as provided for by the applicable law of the Russian Federation and this Agreement.
10.2. Indemnity shall be given for actual damage inflicted upon the other Party by the Party’s failure to perform or improper performance of its obligations hereunder.
10.3. If either Party breaches any deadline for the performance of its obligations hereunder, or performs such obligations in an unsatisfactory manner, the delinquent Party shall pay the other Party, upon the latter’s request, a penalty of 0.01% of the total agency fee specified in Paragraphs 8.1.1 and 8.1.2. above in respect of the calendar month during which such breach occurred, for each day of a delay with proper performance of its obligations, but not more than 10% of such agency fee amount. The penalty shall be paid within 10 days after receipt of an appropriate request from the other Party.
Responsibility of Parties. Each party must do anything reasonably necessary (including executing documents) to give full effect to this Agreement. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.
Responsibility of Parties to Prepare and File Post-Distribution Income Tax Returns and Non-Income Tax Returns 21
Responsibility of Parties. Each party agrees it shall not be responsible for any claims, losses, damages, liabilities, costs, expenses or obligations arising out of or resulting from the negligent or willful misconduct of the other party, its officers employees and agents in the performance of services pursuant to this Agreement.
Responsibility of Parties. To the extent permitted by law, the Entity hereby agrees to indemnify, defend and hold harmless PLTW, INC. from and against, and in respect to, any and all losses, expenses, costs, obligations, liabilities and damages, including interest, penalties and reasonable attorney’s fees and expenses, that PLTW, INC. may incur as a result of any negligent or willful act of the Entity or any of its agents or employees or the failure by such Entity to perform any of its representations, warranties, commitments, or covenants under this Agreement. To the extent permitted by law, PLTW, INC. xxxxxx agrees to indemnify, defend and hold harmless the Entity from and against, and in respect to, any and all losses, expenses, costs, obligations, liabilities and damages, including interest, penalties and reasonable attorney’s fees and expenses, that the Entity may incur as a result of any negligent or willful act of PLTW, INC. or any of its agents or employees or the failure by PLTW, INC. to perform any of its representations, warranties, commitments, or covenants under this Agreement.
