The liability of the. Employer to pay redundancy payments to an Employee under this clause will be met by the making of the contributions on behalf of the Employee required as a member of the Nominated Redundancy Fund, or by another fund nominated by Incolink under clause 23.1.
The liability of the enterprise to pay redundancy payments to an employee under this clause will be met by the making of the contributions on behalf of each employee required as a member of the appropriate Incolink Fund, or another ATO approved fund nominated by Incolink pursuant to its Trust Deed.
The liability of the. Vendors under the Tax Warranties shall cease six (6) years after the first anniversary of the Accounting Date, except in respect of matters which have been the subject of a written claim made before such date by the Purchaser or the Purchaser's Solicitors to any of the Vendors or the Vendors' Solicitors.
The liability of the. Company in respect of breaches of this Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of this Agreement shall be limited to the value of charges for the minimum period referred to herein.
The liability of the. Concessionaire in relation to Clause 25.1 (Performance Criteria - Performance Contractual Penalties) for each Concession Year shall be limited to the Maximum Cap.
The liability of the. PEI Buyer and the Seller Guarantor respectively hereunder shall not be affected, impaired or discharged by reason of any act, omission, matter or thing which but for this provision might operate to release or otherwise exonerate them from their obligations under this Agreement including without limitation any time or other indulgence granted by the Buyers to the Sellers or vice versa.
The liability of the. Purchasers under Clause 11 shall not be released or diminished by any variation of the Purchasers' Guaranteed Obligations or any forbearance, neglect or delay in seeking performance of the Purchasers' Guaranteed Obligations or any granting of time for such performance and shall not be affected or impaired by reason of any other fact or event which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release or a defence to the guarantor.
The liability of the. Seller Shareholders under this Clause 15 shall not be released or diminished by any variation of the Guaranteed Obligations or any forbearance, neglect or delay in seeking performance of the Guaranteed Obligations or any granting of time for such performance.
The liability of the. Seller in respect of Losses, excluding all Losses the Seller is not liable for pursuant to Clause 10.4.3, resulting from any breach or claim, as the case may be, under the Tax Indemnity and/or the Seller's Warranties set forth in Paragraphs 11 and 21 of Schedule 8 shall be, in aggregate with any liability pursuant to Clause 10.4.1, limited to:
(a) 33,46% (thirty-three point forty-six per cent) of the Initial Purchase Price; plus
(b) 33,46% (thirty-three point forty-six per cent) of:
(i) any part of the Deferred Purchase Price that has become earned and payable hereunder (whether or not any such part has become earned and payable within the applicable limitation period referred to in Clause 10.1); plus
(ii) any part of the Deferred Purchase Price that has not become earned and payable as a result of any breach of, or any claim relating to, the Seller's Warranties set forth in Paragraph 11 of Schedule 8 (whether or not it is determined that any such part has not become earned and payable within the applicable limitation period referred to in Clause 10.1).
The liability of the. Sellers in connection with the Sellers' Warranties shall be subject to the limitations contained in this Agreement, including Articles 12 and 15, and any claim in connection with the Sellers' Warranties shall be subject to the provisions of this Agreement, including Articles 12 and 15 to 18 (inclusive).
