Risk Assumption. As among the Borrowers, the Lenders, the Administrative Agent and the Issuing Banks, the Borrowers assume all risks of the acts and omissions of, or misuse of such Letter of Credit by, the beneficiary of any Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the Letter of Credit applications and Letter of Credit reimbursement agreements executed by the Borrowers at the time of request for any Letter of Credit, neither the Administrative Agent, any Issuing Bank nor any Lender shall be responsible (in the absence of Gross Negligence or willful misconduct in connection therewith, as determined by the final judgment of a court of competent jurisdiction): (i) for the form, validity, sufficiency, accuracy, genuineness or legal effect of any document submitted by any party in connection with the application for and issuance of the Letters of Credit, even if it should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; (ii) for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; (iii) for failure of the beneficiary of a Letter of Credit to comply duly with conditions required in order to draw upon such Letter of Credit; (iv) for errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, telegraph, telex, or other similar form of teletransmission or otherwise; (v) for errors in interpretation of technical trade terms; (vi) for any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any Letter of Credit or of the proceeds thereof; (vii) for the misapplication by the beneficiary of a Letter of Credit of the proceeds of any drawing under such Letter of Credit; and (viii) for any consequences arising from causes beyond the control of the Administrative Agent, the Issuing Banks and the Lenders, including, without limitation, any Governmental Acts. None of the above shall affect, impair, or prevent the vesting of any Issuing Bank's rights or powers under this Section 3.10.
Risk Assumption. The capitation rates shall not include any amount for recoupment of any losses suffered by the contractor for risks assumed under this contract or any prior contract with the Department.
Risk Assumption. 1) Party B shall timely inform Party A of any injury or death of the entrusted cows. Party B shall indemnify Party A for any damages resulting from Party B’s negligence in feeding the cows;
2) Party B shall not be responsible for any loss or damages to the cows resulting from the cows themselves. For damages to Party B resulting from the cows, Party A shall indemnify Party B for such loss and damages;
3) For damages to Party A resulting from any third parties, Party A may request indemnification from Party B. After paying the indemnification, Party B may seek reimbursement from the third party.
Risk Assumption. Upon the termination of this Agreement for any reason, the risk assumption by AHERF under the procedures described in Section 5 shall apply up to and including such date of termination. Upon the termination of this Agreement, AHERF and the Member Companies shall cooperate in good faith to cause an orderly wind up of the operations contemplated by this Agreement so as not to cause unnecessary disruption to Covered Individuals or AHERF Providers. Termination of this Agreement has no effect upon the rights, obligations or remedies at law or in equity of the parties under any other Agreement. Upon termination of this Agreement and subject to applicable law regarding confidentiality of medical records, each party shall for a period of seven (7) years from the date of termination provide the other party with full access to (and such other party shall be entitled to make and use computer-readable and hard copies of) all data and information of the first party relating to the Member Companies members developed during the term of this Agreement relating to (i) the performance by AHERF Providers under the UM/QA program and (ii) claims, utilization, case management, payment and outcome data with respect to each Covered Individual provided any Covered Services during the term of this Agreement. During the Continuation Period and thereafter, each party shall have the unrestricted ability to contact or otherwise have access to all such Covered Individuals provided the other party does not in any manner disparage the other party (or any AHERF Provider) or any products or services of such other party (or any AHERF Provider).
Risk Assumption. Unless the order confirmation specifies otherwise, the delivery shall be agreed upon ex works. The goods are always being transported at the risk of the customer, even when the customer returns them. If dispatch sales was agreed upon, the risk shall pass on to the customer at the time the shipment is handed over to the person carrying out the transport or if it has left our plant to be shipped out. If the shipment is delayed at the request of the customer, the risk passes on to the customer as soon as customer has been apprised that shipment is ready for transport.
Risk Assumption. 1. For repurchase factoring business, factoring bank does not bear any risks such as any credit risk, commercial dispute risk and force majeure risk of the buyer. For factoring bank to provide financing to customers, the customer shall unconditionally bear the due repayment obligations of related financing principal and interest and expenses. The customer hereby confirms that whether or not the factoring bank transfers the accounts receivable again in accordance with the provisions of this Agreement, and in the case of the factoring bank having the accounts receivable, It does not affect the factoring bank’s counter-transfer of accounts receivable to the customer in accordance with the provisions of this Agreement.
2. For buyout factoring business, factoring bank shall bear the buyer’s credit risk in accordance with the following provisions:
(1) Unless otherwise provided in this Agreement, the factoring bank shall pay to the customer the transfer price of the relevant accounts receivable within ninetieth (90) days from the date of the buyer’s bankruptcy, and the factoring bank shall have the right to deduct the amount of the non-risk portion of the relevant accounts receivable, the factoring fee (if not collected) charged by the factoring bank for the relevant accounts receivable, the principal and interest of the financing provided and not paid by the factoring bank in accordance with Article 7 of this Agreement, and other deductions and offsets that all factoring banks are entitled to make.
(2) Subject to other restrictive provisions of this agreement regarding factoring banks’ risk-taking, if the buyer fails to pay all or part of the accounts receivable that the factoring bank has assumed risks before the end of the approved payment date, the factoring bank shall approve On the payment date, pay the customer the transferable price of the relevant accounts receivable, and the factoring bank has the right to first deduct the amount of the relevant accounts receivable that the factoring bank does not bear the risk, and the factoring bank should collect the relevant accounts receivable Factoring fees (if not yet collected), the financing principal and interest that the factoring bank has provided and has not been repaid in accordance with Article 7 of this agreement, and other deductions and offsets that all factoring banks are entitled to make.
(3) After the factoring bank cancels the factoring amount of the equivalent amount of accounts receivable, the pa...
Risk Assumption. On behalf of the Participant, myself, and any other parent or legal guardian of the Participant, I do understand, acknowledge and agree that the list of Risks identified in Section 3 herein is not complete or exhaustive; and that I voluntarily and willingly signed up and paid for my child’s utilization of SRA’s Facilities and participation in SRA’s Activities. Furthermore, on behalf of the Participant, myself, and any other parent or legal guardian of the said Participant, and on behalf of our personal representatives, and/or heirs I do freely and voluntarily assume and accept all Risks of illness, injury, disease, damage to property, and/or death that may be caused by or associated with or arising from Participant’s utilization of SRA’s Facility and participation in SRA’s Activities, as specified herein, and as may otherwise arise or come as a result. I also freely and voluntarily, forever release, discharge and agree to not hold SRA, and its staff members, owners, employees, agents, representatives, or successors, from any and all claims, demands, or causes of action, which are in any way connected with Participant’s utilization of SRA’s Facilities and participation in SRA’s Activities (“Claim(s)”). This includes any such Claims which allege a negligent act or omission of or by SRA; and to indemnify SRA, and its staff members, owners, employees, agents, representatives, and successors for any and all costs, charges or expenses, including reasonable attorneys’ fees, incurred in connection with any said hearing or claim.
Risk Assumption. As a material part of this Permit, Permittee does hereby assume all risk of damage or injury to persons (including children) or property from whatever cause (including vandalism and malicious mischief) arising out of any use of the dock or slip, or access thereto, or the use of the Lake by any person making use of Permittee's dock slip, whether with or without Permittee's consent, and expressly agrees that Lakeshore [including its representatives] shall not be liable for any such damage or injury, except caused by the active negligence or willful misconduct of Lakeshore [including its representatives acting within the course and scope of such employment].
Risk Assumption. Agent has the legal right and all licenses or certificates required by law to assume all risks imposed on Agent under this Agreement and its arrangements with Providers.
Risk Assumption. 13.1 The risk of damage or loss of the distributed products shall be borne by the supplier before delivery to the delivery address specified by the distributor in the Purchase Order. After delivery to the delivery address specified by the distributor in the Purchase Order and signed for by the distributor, the supplier shall bear the risk.
13.2 If the supplier fails to deliver the distribution product documents and materials, it does not affect the transfer of risk.
