RISKS AND DUTIES Sample Clauses

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud. You further agree that You will notify Us immediately:
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RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement, the Depositor assumes all risk of loss due to the use of the Account, including, without limitation, the risk of Third Party fraud. The Depositor further agrees that they will notify the Financial Institution immediately:
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RISKS AND DUTIES. Except for loss caused exclusively by Alterna's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the member assumes all risk of loss due to the use of the Services, including, without limitation, the risk of Third Party fraud and internal fraud of the member. The member further agrees that they will notify Alterna immediately:
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RISKS AND DUTIES. Except for loss caused exclusively by Alterna Bank's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the client assumes all risk of loss due to the use of the Services, including, without limitation, the risk of Third Party fraud and internal fraud of the client. The client further agrees that they will notify Alterna Bank immediately:
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RISKS AND DUTIES. Except for loss caused exclusively by our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreements, you assume all risk of loss due to the use of Direct Services, including the risk of Third Party fraud. You further agree that you will notify us immediately of any suspected or actual misuse or unauthorized use of your PAC and/or PIW or if your PAC and/or PIW becomes known to anyone other than a Signing Authority, and you will change your PAC and/or PIW if either situation arises. You acknowledge that you are responsible for all use made of your PAC and/or PIW and that we are not liable for your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all withdrawals on and any transfers from the Account. You are also liable for all fraudulent or worthless deposits made into an Account. Without limiting the generality of the foregoing, you expressly acknowledge and agree that, where applicable, you shall be bound by and liable for any use of your PAC or PIW by a member of your household. You are liable for all transfers to linked accounts. You bear all risk for all such Transactions. Where you knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of your Account, or Instruments deposited to your Account are fraudulent, unauthorized, counterfeit, or otherwise likely to be returned to us or found invalid for any reason, you have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to us, your suspicion and the facts upon which your suspicion is based (“Suspicious Circumstances”).
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RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement, the Depositor assumes all risk of loss due to the use of the Account, including, without limitation, the risk of Third Party fraud. The Depositor further agrees that they will notify the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, or b) if the PAC, PIN, and/or PIW becomes known to anyone other than the Depositor, and c) if the Depositor receives Notification of any Transaction affecting the Account that alerts the Depositor of Account activity that was not authorized by them. The Depositor will change the PAC, PIN, and/or PIW if either of the notification requirements above in a) or b) arises. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIN, and/or PIW and that the Financial Institution is not liable for the Depositor’s failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that they shall be bound by and liable for any use of the PAC, PIN, and/or PIW by a member of the Depositor’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the e...
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RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution’s gross negligence or intentional willful misconduct, and subject to the limitations of liability in this Agreement and the Account Agreement, the Subscribing Member assumes all risk of loss due to the use of the User Administration Service and Direct Services for Business, including without limitation, the risk of Third Party fraud and internal fraud of the Subscribing Member and any Related Party (if applicable). The Subscribing Member further agrees and will ensure each Related Party (if applicable) agrees to notify the Financial Institution immediately:
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Related to RISKS AND DUTIES

  • Powers and Duties Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Credit Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Each Agent shall have only those duties and responsibilities that are expressly specified herein and the other Credit Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall have, by reason hereof or any of the other Credit Documents, a fiduciary relationship in respect of any Lender; and nothing herein or any of the other Credit Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Credit Documents except as expressly set forth herein or therein.

  • Responsibilities and Duties The Executive’s duties shall consist of such duties and responsibilities as are consistent with the position of a Chief Revenue Officer and Head of Global Strategic Partnerships, including duties and responsibilities as are mutually determined from time to time by the Chief Executive Officer of the Company (the “CEO”) and the Executive.

  • Position and Duties (i) During the Employment Period, (A) the Executive's position (including status, offices, titles and reporting requirements), authority, duties and responsibilities shall be at least commensurate in all material respects with the most significant of those held, exercised and assigned at any time during the 120-day period immediately preceding the Effective Date and (B) the Executive's services shall be performed at the location where the Executive was employed immediately preceding the Effective Date or any office or location less than 35 miles from such location.

  • Appointment and Duties The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

  • Job Titles and Duties The following sections describe the responsibilities of the personnel provided by the Contractor, in accordance with the terms of the Contract, who are used to provide Customers with services pursuant to the Customer SOW set forth in the Customer’s PO (Customers may supplement these duties in their Customer SOWs provided the duties do not exceed or conflict with this Statement of Work).

  • Taxes and Duties If a Holder converts a Note, the Company will pay any documentary, stamp or similar issue or transfer tax or duty due on the issue or delivery of any shares of Common Stock upon such conversion; provided, however, that if any tax or duty is due because such Holder requested such shares to be registered in a name other than such Holder’s name, then such Holder will pay such tax or duty and, until having received a sum sufficient to pay such tax or duty, the Conversion Agent may refuse to deliver any such shares to be issued in a name other than that of such Holder.

  • Employment and Duties (a) The Company hereby employs Executive as President and Chief Executive Officer of the Company. As such, Executive shall have responsibilities, duties and authority reasonably accorded to, expected of, and consistent with Executive's position as, President and Chief Executive Officer of the Company and will report directly to the Board of Directors of the Company (the "Board"). Executive hereby accepts this employment upon the terms and conditions herein contained and, subject to paragraph 1(c), agrees to devote substantially all of his business time, attention and efforts to promote and further the business of the Company.

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