shall apply. In the event that this occurs, the Hospital is under no obligation to reinstate the previously scheduled shifts and the nurse will not be entitled to exercise bumping rights nor shall she/he be allowed to displace another nurse from his /her approved vacation.
shall apply. 10.1.1. BABY AUDIO shall only be liable without restriction according to the statutory provisions for damages of the Licensee caused by intentional or gross negligent conduct of BABY AUDIO or its agents. The same applies to personal injury and damages according to applicable law.
shall apply. DISCLAIMER OF WARRANTIES for the Software: Subject to subsection “10.1.1” of this Agreement, the liability in connection with the Software is excluded except for intent or gross negligence. A claim for damages arising from a legal defect or a defect in the Software is only permissible if BABY AUDIO fraudulently conceals such defect. Subject to any statutory claims the Licensee may have under law (which shall not be affected), BABY AUDIO is not obliged to provide any additional technical support to users of the Software.
shall apply. 3.3.2. With respect to all Accounts purchased during the period from the first purchase of Accounts until the end of the month of purchase, and for the following full calendar month, the Service Charge Percent in the row designated as the Starting Tier in any fee table found in Exhibit A to the Factoring Master Agreement or otherwise incorporated into the Factoring Master Agreement.
shall apply. Upon demand of any party hereto, whether made before or after institution of any judicial proceeding, any judicial proceeding, any dispute, claim or controversy arising out of, connected with or relating to this Agreement and other Loan Documents ("Disputes") between or among the parties to this Agreement shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, disputes as to whether a matter is subject to arbitration, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims arising out of or connected with the transaction reflected by this Agreement. Arbitration shall be conducted under the governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association (the "AAA") and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in Mecklenburg County, North Carolina. The expedited procedures set forth in Rule 51 et seq. of the Arbitration Rules shall be applicable to claims of less that $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgement upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired 72 79 judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted or if such person is not available to serve, the single arbitrator may be a licensed attorney. Notwithstanding the foregoing, this arbitration provision does not apply to disputes under or related to swap agreements. Notwithstanding the preceding binding arbitration provisions, Agent, the Lenders and the Borrowers agree to preserve, without diminution, certain remedies that any party hereto may employ or exercise freely, independently or in connection with an arbitration proceeding or after an arbitration action is brought. Agent, the Lenders and the Borrowers shall have the right to proceed in any count of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted u...
shall apply. (a) Bank will make advances (referred to herein as the "Revolving Advances") not exceeding (i) the lesser of (A) the Committed Revolving Line or (B) the Borrowing Base. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement.
shall apply. 10.1. Seller shall indemnify Purchaser from any loss arising out of the assertion of any Avoidance Claim other than such claims that relate to Purchased Accounts that are owed by an Account Debtor which was Insolvent and shall pay to Purchaser on demand the amount thereof. IF NON-RECOURSE CREDIT GUARANTEE FEE IS “DECLINED” ON THE FACTORING MASTER AGREEMENT, THEN WITH RESPECT TO THE REST OF THIS SECTION 10, THE FOLLOWING PARAGRAPHS 10.2-10.4 SHALL APPLY:
shall apply. 10.1.1. XXXXXX AUDIO shall only be liable without restriction according to the statutory provisions for damages of the Licensee caused by intentional or gross negligent conduct of XXXXXX AUDIO or its agents. The same applies to personal injury and damages according to applicable law.
shall apply. 16.1.1. Exclusively Danish law applies, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG), even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to her/him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis according to Art. 6 I of the ROM I (REGULATION (EC) No 593/2008).
shall apply. 2.1.1. From time to time, Seller may transmit to Purchaser a list of Seller’s Accounts by Accounts Transmittal. Purchaser may thereafter provide to Seller a Purchase Summary Report based on such Accounts Transmittal, and Seller shall sell to Purchaser, as absolute owner, such of Seller’s Accounts as are listed on such Purchase Summary Report. Upon purchase, and subject to any obligation by Purchaser to repurchase such Account as provided in Section (4), Purchaser will assume the risk of non-payment on such Purchased Accounts not to exceed the Covered Amount, provided: (i) the cause of non-payment is solely due to an Account Debtor becoming Insolvent prior to the Late Payment Date and, (ii) the Account Debtor is not an Affiliate of Seller, and (iii) Seller has obtained a credit approval for the Account Debtor in the FACTOR PLUS credit database prior to the load being hauled that is within the approved credit limit, and (iv) Seller has provided all original backup documentation relating to the unpaid Purchased Account (to include but not limited to rate sheets, delivery notices and properly signed bills of lading) within 7 days of such a request being made by Purchaser to Seller. “
