Restriction on Liability. No Issuing Bank nor any bank which is a confirming bank or an advising bank with respect to any Letter of Credit (in this section called a "correspondent") shall be responsible for (a) the use which may be made of any Letter of Credit or for any acts or omissions of the users of any Letter of Credit; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such documents should in fact prove to be in any or all respects invalid, fraudulent or forged; (d) except as specifically required by any Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or surrender or takeup any Letter of Credit; or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless or otherwise. No Issuing Bank shall be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents or any refusal by an Issuing Bank or any of the correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced or for any matter beyond the control of an Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers
Restriction on Liability a. The Lessor shall not be responsible or liable for any theft, loss, damage, or destruction of any property belonging to the Lessee or the said nominated person lying in the Leased Premises nor for any bodily injury to any of the occupants of the Leased Premises from any cause whatsoever, including, but not limited to, any loss, damage, harm or injury, caused by fire, theft, rain, provided that the provisions of this clause shall not apply in the case of the willful negligence of the Lessor.
Restriction on Liability. Notwithstanding any other clause in this Agreement, the Purchaser acknowledge and recognise that the liability of IIUM whether direct, indirect or consequential to this transaction arising from the outright sales of the Product shall be restricted and limited to any breach of IIUM obligations and for the direct lost suffered by the Purchaser for the breach of the clauses mentioned earlier.
Restriction on Liability. 27 Section 2A.6. No Duty to Inquire....................................................................28 Section 2A.7. Letter of Credit Fees.................................................................28 Section 2A.8. Acceleration of LC Obligations........................................................29 Section 2A.9. Purposes..............................................................................29 Section 2A.10. Increased Costs for Letters of Credit.................................................29
Restriction on Liability. Notwithstanding anything herein to the contrary contained, this Agreement is made and executed on behalf of FUR, a business trust organized under the laws of the State of Ohio, by its officers on behalf of the trustees thereof, and none of the trustees or any additional or successor trustee hereafter appointed, or any beneficiary, officer, employee or agent of FUR shall have any liability in his personal or individual capacity but instead, all parties shall, subject to the provisions of Section 8, look solely to the property and assets of FUR for satisfaction of claims of any nature arising under or in connection with this Agreement. IN WITNESS WHEREOF this Agreement has been executed by the parties. IMPARK INVESTMENTS INC. FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS by /s/ Authorized Signer ______________________________ by /s/ Authorized Signer ______________________________ _________________________________ 1170821 ONTARIO INC. 1170809 ONTARIO INC. by /s/ Authorized Signer by /s/ Authorized Signer ______________________________ ______________________________ 1170810 ONTARIO INC. 1170812 ONTARIO INC. by /s/ Authorized Signer by /s/ Authorized Signer ______________________________ ______________________________ 1170697 ONTARIO INC. 1170819 ONTARIO INC. by /s/ Authorized Signer by /s/ Authorized Signer ______________________________ ______________________________ 1170698 ONTARIO INC. by /s/ Authorized Signer ______________________________
Restriction on Liability. Notwithstanding anything contained herein to the contrary, but subject to the provisions of this Section and Section 2.4.12 of the Financing Agreement, the Lender agrees not to seek, take or obtain any deficiency judgment against the Guarantor and the Guarantor shall not be liable for any Obligations remaining unpaid in excess of the value of the MXL Collateral, except as otherwise expressly set forth below in this Section. The Guarantor shall be and remain personally liable for the following: (a) all loss, damage, cost and expense (including reasonable attorney's fees) suffered by the Lender as a result of a breach of the Guarantor's representations and warranties contained in this Agreement or as a result of the intentional waste of the MXL Collateral; and (b) all Proceeds (i) subsequent to the occurrence and during the continuation of any Event of Default or after the maturity of the Loan (whether by acceleration or otherwise) and (ii) not applied to the payment of the sums due under the Loan. In addition, nothing in this Section shall (i) be deemed in any way to be a release or impairment of the Note or of the liens and security interests created pursuant to the provisions of the Financing Agreement or any of the other Financing Documents; (ii) be deemed in any way to be a release or impairment of any of the Lender's rights or remedies set forth in the Financing Documents, at law or in equity; (iii) be deemed to be a waiver of any conditions contained in the Financing Documents; (iv) be deemed to prejudice the rights of the Lender to secure a deficiency judgment against any other Persons who have agreed or who may hereafter agree to be liable for the payment of the indebtedness evidenced by the Note; (v) be deemed to prejudice the rights of the Lender to secure a judgment against any other guarantor; or (vi) be deemed to be a waiver of any right which the Lender may have under the Bankruptcy Code to file a claim for the full amount of the Obligations owing to the Lender by the Guarantor pursuant to this Agreement or to require that all Collateral shall continue to secure all of the Obligations in accordance with the Financing Documents.
Restriction on Liability. 33 Section 3.6. No Duty to Inquire....................................... 34 ARTICLE IV. - Conditions Precedent to Lending............................... 34 Section 4.1. Documents to be Delivered................................ 34 Section 4.2. Additional Conditions Precedent.......................... 35 ARTICLE V. -
Restriction on Liability. The users of each Letter of Credit shall be deemed the agents of Borrower and neither LC Issuer, nor its correspondents shall be responsible for:
Restriction on Liability. 57 SHARE PURCHASE AGREEMENT ------------------------ THIS AGREEMENT made the 18th day of February, 1997, X X X X X X X: IMPARK INVESTMENTS INC., a corporation existing under the laws of the Province of Ontario, (hereinafter referred to as "Investco"), OF THE FIRST PART, - and - THE PERSONS LISTED ON SCHEDULE 1 HERETO WHO HEREAFTER BECOME VENDORS HEREUNDER, OF THE SECOND PART, FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS, a business trust existing under the laws of the State of Ohio, (hereinafter referred to as the "Purchaser"), OF THE THIRD PART. THIS AGREEMENT WITNESSES THAT in consideration of the respective covenants, agreements, representations, warranties and indemnities of the parties hereinafter contained and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each party), the parties hereby agree as follows:
Restriction on Liability. Notwithstanding anything herein to the contrary contained, this Agreement is made and executed on behalf of the Purchaser, a business trust organized under the laws of the State of Ohio, by its officers on behalf of the trustees thereof, and none of the trustees or any additional or successor trustee hereafter appointed, or any beneficiary, officer, employee or agent of the Purchaser shall have any liability in his personal or individual capacity but instead, all parties shall look solely to the property and assets of the Purchaser for satisfaction of claims of any nature arising under or in connection with this Agreement.
