Scope of Liabilities. Adviser and its Affiliates shall not be liable to Client for any act or omission in connection with the performance of Adviser’s services hereunder, other than as a result of Adviser’s gross negligence, bad faith, willful malfeasance or reckless disregard of its duties and obligations hereunder. Client shall indemnify Adviser and its Affiliates against, and hold them harmless from, any liability, loss, cost, expense or damage (including attorney fees and disbursements) arising from any claim asserted or threatened to be asserted by any third party with respect to the matters as to which such person is exculpated from liability pursuant to this Section. Notwithstanding any of the foregoing to the contrary, the provisions of this Section 8 shall not be construed so as to relieve Adviser and its Affiliates of, or provide indemnification with respect to, any liability to the extent, but only to the extent, that such liability may not be waived, limited or modified under applicable law, but shall be construed so as to effectuate the provisions of this Section 8 to the fullest extent permitted by law. The federal securities laws impose liabilities under certain circumstances even on persons who act in good faith and, without limiting the generality of the preceding sentence, nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which Client may have under federal securities laws.
Scope of Liabilities. The Investment Advisor shall not be liable to the Fund, its affiliates or shareholders for any losses, damages, expenses or claims occasioned by any act or omission of the Investment Advisor in connection with the performance of its services hereunder, other than as a result of its own willful misconduct, gross negligence or reckless disregard of its duties hereunder, or as otherwise required by applicable law.
Scope of Liabilities. The Investment Manager shall not be liable to the Company or its shareholders for any losses, damages, expenses or claims occasioned by any acts of omissions of the Investment Manager in connection with the performance of its services hereunder, other than as a result of its own wilful default, fraud or negligence and contains provisions for the indemnification of the Investment Manager by the Company hereunder.
Scope of Liabilities. The Administrator shall not be liable to the Fund or the investors of the Fund for any loss, damage, expense or claim occasioned by any act or omission of the Administrator in connection with the performance of its services hereunder, other than as a result of its gross negligence, willful misconduct or reckless disregard of its duties hereunder.
Scope of Liabilities. For purposes of this Indemnification, Liabilities must be paid, incurred or suffered by, or asserted against, City arising from or attributable to any repair, cleanup or detoxification pursuant to, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste at any place where Contractor delivers, stores, Processes, Recycles, composts or Disposes of Discarded Materials to the extent that Liabilities are caused by any or all of the following:
Scope of Liabilities. The Administrator shall not be liable to GSHFP LLC or the investors of GSHFP LLC for any loss, damage, expense or claim occasioned by any act or omission of the Administrator in connection with the performance of its services hereunder, other than as a result of its gross negligence, willful misconduct or reckless disregard of its duties hereunder.
Scope of Liabilities. For purposes of this Indemnification, “liabilities” must meet all the following conditions:
a. be paid, incurred or suffered by, or asserted against, County;
b. arise from, or be attributable to, any repair, cleanup or detoxification pursuant to, or preparation and implementation of and of the following plans: c. be caused to an extent by any of the following: • Contractor Negligence or Misconduct: Contractor’s wrongful, willful or negligent act, error or omission, or misconduct; or • Non-customer Materials: Contractor’s handling of any materials, including unpermitted waste, which are generated by someone other than customers or collected from premises other than customers' premises; or • Failure to Comply with Hazardous Waste Protocol: Contractor’s or any subcontractor’s failure to undertake unpermitted waste training procedures required by law with respect to their employees or the Unpermitted Waste Handling Protocol, whichever is more stringent; or • Contractor-identified Unpermitted or Hazardous Waste: Contractor's improper or negligent handling of unpermitted waste that it collects and identifies. County acknowledges that the mere presence of household hazardous waste in the solid waste does not constitute negligence and create any Liability on the part of Contractor absent any of the circumstances described in this section.
Scope of Liabilities. 3.1 The Joint Retirement Board shall be liable to the Company for any loss, damage, expense or claim occasioned by any negligent act or omission, whether by the Joint Retirement Board or its agent, in connection with the performance of the Joint Retirement Board's services hereunder. The Joint Retirement Board is responsible for compliance, by the Joint Retirement Board or its agents, with all applicable laws, including the Insurance Code of the State of Illinois and applicable securities laws.
Scope of Liabilities. As Controller, it is the Client’s responsibility to ensure that the Data Subjects subjected to the Client’s Processing are informed about (i) the Personal Data collected, (ii) the Processing carried out, (iii) the Purposes pursued, (iv) the legal basis on which the Processing is based, (v) any third party Recipients of the Personal Data, as well as (vi) all other information owed to the Data Subjects in accordance with articles 13 or 14 of the GDPR, including a reminder of the rights they have over their Personal Data and the contact details to which they may invoke them. The Controller determines the methods of dissemination and the effectiveness of this information under his sole responsibility. If necessary, the Client communicates the information messages to KIZEO for the purpose of their publication (push messages). In any case, it is the responsibility of the Client, as Controller, to ensure compliance with the Personal Data Regulation of the Processing that it entrusts to KIZEO, as well as, more generally, the processing on its own information system, with its own employees and other sub-contractors, and to deploy the appropriate technical and organisational measures within its organisation. KIZEO rejects any all liability related to the compliance of the Controller where it exceeds the sole scope of the Services object of the Agreement. In this respect, it is up to the Client as Controller to (i) collect under its responsibility the Personal Data which it ensures are strictly necessary and proportionate to the Purposes pursued, (ii) ensure that they have been collected in accordance with a proven legal basis (and if necessary, that they have been covered by the necessary consents of which the Client keeps proof),
Scope of Liabilities. No Indemnified Person (as defined in Section 4) will be liable to Crumbs or its affiliates for any suit, action, cost, claim, liability or loss (including attorneys’ and expert witness fees and expenses and all costs of investigation) occasioned by any act or omission of Parent in connection with the performance of its services hereunder provided, however, that no such limitation shall apply where liability of the Indemnified Person arises out of acts or omissions constituting gross negligence, willful misconduct or bad faith.
