THE RESPONSIBILITY OF THE PARTIES Sample Clauses

THE RESPONSIBILITY OF THE PARTIES. 7.1. The CONTRACTOR shall keep the CONTRACTING PARTY unscathed for any and all obligations attributed to it due to failures in the operation and maintenance of the DGS as well as the land used, due to the performance of this Contract, and the CONTRACTOR shall fully refund the CONTRACTING PARTY, including for means of supplementary indemnity, due to any fine, penalty or sanction attributed to it, including, but not limited to, all costs, proven for its defense in eventual administrative procedures and / or legal proceedings. 7.2. The CONTRACTOR shall keep the CONTRACTING PARTY unscathed and fully reimburse him, in the event that XXXXX considers that the DGS is not being operated in accordance with the current regulation, and will apply a fine and / or penalty to the CONTRACTING PARTY, including, but not limited to, not limited to those provided for in XXXXX Normative Resolution No. 846/2019 and in XXXXX Normative Resolution No. 414/2010, provided that the fact arises from failures of a strictly technical nature for the correct functioning of the DGS, related to the execution of this Agreement, that is, the maintenance and / or operation of the DGS, and: (a) from non-compliance with obligations of a labor, social security and environmental nature; (b) losses, charges, liens, arrests, requests for unavailability or equivalent constrictions, encumbrances and/or expenses related to claims, proceedings and any disputes brought by, on behalf of or involving the CONTRACTING PARTY and that are related to facts, events and/or circumstances subject to this Agreement and arising from obligations assumed by the CONTRACTOR; (c) any damages or losses caused by the CONTRACTOR to the CONTRACTING PARTY, arising from the action or omission of employees and agents of the CONTRACTOR, in the execution of the Contract; (d) any loss or injury that the DGS may, if necessary, cause to the CONTRACTING PARTY, to third parties or to the transmission and distribution network of the Local Concessionaires. 7.3. Liability for regulatory and tax/tax obligations arising from the Agreement shall be assumed by each Party, in accordance with and to the extent of their respective liabilities assumed under the Agreements. 7.3.1. The CONTRACTOR shall reimburse the CONTRACTING PARTY for any and all tax assessments issued by the federal, state or municipal tax authorities, in relation to taxes, fines and arrears, imposed on it as a result of non-payment of taxes or non-compliance with accessory obl...
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THE RESPONSIBILITY OF THE PARTIES. 6.1. For the non-fulfillment or improper fulfillment of their duties- the Parties bear responsibility in compliance with the legislation of the Russian Federation in force. 6.2. In case of the belated or incomplete payment for the service provided- the Executor has a right to demand from the Customer to pay the fine at the rate of 0,1 % of unpaid sum for each day of the payment delay. 6.3. In case of the improper service provision- the Executor bears responsibility, stipulated in the Regulation in the clause “Dimex Responsibility”. 6.4. The complaints connected with an improper fulfillment of the conditions of the present Contract are filed by the Customer within 15(fifteen) days from the moment of accrual of the right to file a complaint. If the complaint was not filed during the stated time the Executor is considered to have fulfilled his duties of the present Contract in a full volume. 6.5. Neither of the Parties of the present Contract doesn’t bear responsibility before the other Party for the non- fulfillment of the duties, caused by the circumstances aroused against free will and desire of the Parties and which are impossible to foresee or avoid, including declared or actual war ,civil strives, epidemics, sieges , earthquake, floods, fires and other calamities. The document, issued by the corresponding competent authority, is the sufficient confirmation of the presence and duration of the insuperable force. 6.6. The Party which does not fulfill its duty because of the insuperable force action must inform immediately the other Party about an obstacle and its influence upon the fulfillment of the duties according to the present Contract. .
Sample 1
THE RESPONSIBILITY OF THE PARTIES. 4.1 For default, delayed incomplete fulfillment of the obligations indicated in article 3 of the present agreement, the Renter pays to the Lessor 0,5% of the delayed sum per each day of delay. In case of delay in rent payments over one month, the Lessor has the right to terminate the agreement by written notification of the Renter. On receipt of such notification, the Renter shall release the rented premises in 30 days. 4.2 In case of violation or inadequate fulfillment of his obligations and/or warranties by any Party under the present Agreement, he is obliged to reimburse to the other Party the losses, caused by such violation or inadequate fulfillment. 4.3 The payment of sanctions, fixed hereby, does not release the Parties from execution of their obligations or from elimination of violations. 4.4 The Renter and Lessor shall not bear responsibility for violation or inadequate fulfillment of their duties in case of force major circumstances, as stipulated in items 5.1-5.5 of the present Agreement.
Sample 1
THE RESPONSIBILITY OF THE PARTIES. 5.1. For the non-fulfillment improper fulfillment of their duties- the Parties bear responsibility in compliance with the current legislation of the Russian Federation. 5.2. In case of the delayed or incomplete payment for the service provided –the Customer pays to the Executor the penalty fee at the rate of 0,5 % of the unpaid sum for each day of the delay. 5.3. The complaints in connection with the improper fulfillment are filed by the Customer during 15(fifteen) days from the moment of accrual of the right to file a complaint. If the complaint was not filed during the stated time the Executor is considered to have fulfilled his duties of the present Contract in a full volume. 5.4. Neither of the Parties of the present Contract doesn’t bear responsibility before the other Party for the non-fulfillment of the duties, caused by the circumstances aroused against free will and desire of the Parties and which are impossible to foresee or avoid, including declared or actual war ,civil strives, epidemics, sieges , earthquake, floods, fires and other calamities. The document, issued by the corresponding competent authority, is the sufficient confirmation of the presence and duration of the insuperable force. 5.5. The Party which does not fulfill its duty because of the insuperable force action must inform immediately the other Party about an obstacle and its influence upon the fulfillment of the duties according to the present Contract.
Sample 1
THE RESPONSIBILITY OF THE PARTIES. 6.1. Failure to meet obligations under the Agreement renders the Parties liable to prosecution under the current legislation of the Russian Federation. 6.2. All information provided by the Author must be complete and reliable. In case the Author provides inaccurate information, the Publisher cannot be held responsible for the negative consequences arisen from the actions of the Author. 6.3. The author is solely responsible for compliance with the legislation on advertising, copyright protection and related rights, protection of trademarks and service marks and protection of consumer rights. If a claim is submitted against the Publisher for a violation of the exclusive copyright and other intellectual property rights of third parties, the Author undertakes: 1) after being informed about violation of the rights of third parties, to immediately take steps to resolve disputes with third parties; 2) to compensate the Publisher for the losses incurred as a result of the author's non-compliance with the terms of this Agreement. 6.4. The Publisher does not bear any responsibility under the Agreement for: 1) any actions that are a direct or indirect result of the actions of the Author; 2) any of the Author’s losses, regardless of whether the Publisher could foresee the possibility of such losses or not; 3) unauthorized use of data the Author provided to third parties. 6.5. The Parties shall be relieved of liability for violation of the terms of this Agreement if such violation is caused by force majeure, including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, power cuts and/or computer network malfunctions, strikes, civil unrest, riots, any other circumstances that may affect the fulfilment of the Agreement by the Parties.
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THE RESPONSIBILITY OF THE PARTIES. 9.1. The Lessee is responsible for the damage caused to third parties by the Property, its mechanisms, devices, in accordance with the procedure established by the legislation of the RA. 9.2. The Party which has not fulfilled its obligations provided for under Agreement at all or in proper manner is obliged to compensate the other Party for the damage caused in this way.
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Related to THE RESPONSIBILITY OF THE PARTIES

  • Responsibility of the Parties The Parties undertake to indemnify each other for any damage (loss) caused by their partial or complete non-performance or improper performance of the Agreement, and the indemnification of damage (loss) does not relieve the Parties from the performance/payment of their obligations under the Agreement. In addition, the Customer shall be liable for any damage (loss) caused to the Bank by its partial or complete non-performance or improper performance of the Agreement. Inter alia, in the event of a breach of the term specified in the subsection 3.3.6. of Annex N1 to the Bank Guarantee Agreement, Bank is entitled to charge the Customer with additional amount of the respective Interest (as the damage (loss) inflicted) for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written application. Indemnification of the damage (loss) does not release the Customer from the performance/payment of the obligations under the Agreement. Notwithstanding the guarantees specified in Sections 5.1 and 5.2. of Annex N1 to the Bank Guarantee Agreement, in order to ensure full and proper performance of the Customer’s obligations under the Agreement, and, respectively, to secure the Bank’s rights and claims, the Customer hereby expressly gives its prior consent that the Bank is fully authorized to: In the case of several debt arrears, determine the sequence and order of payments of Bank Guarantee and the payments under it; Block any Account of the Customer without acceptance in the amount of the payment due and in accordance with its applicable rules until any payment is under the Agreement is fully and duly covered; Write off without acceptance all payments due from the any Account of the Customer, and if the payment due and the amount available on the Account are in different currencies, the Bank itself can perform conversion at the commercial rate of exchange applicable at the Bank on the date of payment or the rate of exchange agreed with the Customer (if any), and write off also the conversion cost without acceptance from the Account, and channel the converted amount to cover the appropriate payments. During the period of Force Majeure, the Bank shall not be liable for complete or partial nonfulfillment or improper fulfillment of its obligations under the Agreement. In the event of Force Majeure, the Parties shall be guided by ICC Uniform Rules. Any official communication between the Parties shall be in writing. The written notice intended to the Party may be delivered in person or sent by a courier (including an international courier) or through a post delivery (including by a registered letter). For urgency and subject to the following provisions, except by submitting to the Customer a claim for full performance of its obligations under the Agreement or notifying about the complete or partial termination of the Agreement, it is permissible to notify the other Party by email or other electronic means (including via mobile banking, internet banking) provided that upon request of the other Party, such notice shall also be provided in writing within a reasonable time. The notice shall be deemed to have been accepted by the addressee on the day of its receipt if the receipt of the notice is confirmed by the addressee (including by electronic document, receipt, other appropriate means of notification, etc.). If the receipt of the notice is not confirmed by the addressee, any such notice shall be deemed to have been sent and received accordingly: In case of sending a written message by a courier or registered mail - on the day of confirmation of delivery; In case of sending by email and/or other electronic means - on the second Banking Day after the date of sending; Notice shall be deemed to have been received even if the notice is returned to the notifying Party due to the absence of the addressee of the notification on the sent address/contact data, the addressee refuses to receive the notice or avoids receiving it. The Parties will communicate according to the addresses/contact details specified in the Agreement (or any other address/contact information that one Party will provide in writing to the other). The Party is obliged to notify the other Party on the change of the above address or any of their data in a timely manner, otherwise the communication (notification etc.) carried out to the address indicated by the Party shall be deemed to have been duly performed.

  • Responsibility of PFPC (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties. (b) Without limiting the generality of the foregoing or of any other provision of this Agreement, PFPC shall not be under any duty or obligation to inquire into and shall not be liable for (A) the validity or invalidity or authority or lack thereof of any Oral Instruction or Written Instruction, notice or other instrument which conforms to the applicable requirements of this Agreement, and which PFPC reasonably believes to be genuine; or (B) subject to Section 10, delays or errors or loss of data occurring by reason of circumstances beyond PFPC's control, including acts of civil or military authority, national emergencies, labor difficulties, fire, flood, catastrophe, acts of God, insurrection, war, riots or failure of the mails, transportation, communication or power supply. (c) Notwithstanding anything in this Agreement to the contrary, neither PFPC nor its affiliates shall be liable to the Fund for any consequential, special or indirect losses or damages which the Fund may incur or suffer by or as a consequence of PFPC's or its affiliates' performance of the services provided hereunder, whether or not the likelihood of such losses or damages was known by PFPC or its affiliates. (d) Notwithstanding anything in this Agreement to the contrary, the Fund shall not be liable to PFPC nor its affiliates for any consequential, special or indirect losses or damages which PFPC or its affiliates may incur or suffer by or as a consequence of PFPC's performance of the services provided hereunder, whether or not the likelihood of such losses or damages was known by the Fund.

  • Responsibility of Parties 51.3.1 The Parties agree to abide by the following if a forecast cannot be agreed to: Local Interconnection Trunk Groups will be provisioned to the higher forecast. A blocking standard of one percent (1%) during the average busy hour shall be maintained. Should the Parties not agree upon the forecast, and the Parties engineer facilities at the higher forecast, the Parties agree to abide by the following: a. In the event that CLEC over-forecasts its trunking requirements by twenty percent (20%) or more, and CenturyLink acts upon this forecast to its detriment, CenturyLink may recoup any actual and reasonable expense it incurs. b. The calculation of the twenty percent (20%) over-forecast will be based on the number of DS1 equivalents for the total traffic volume exchanged between the Parties. 51.3.2 In addition to the joint trunk group forecasting established in Section 51.1, discussions to provide relief to existing facilities can be initiated by either Party. Actual system augmentations will be initiated upon mutual agreement. 51.3.3 Both Parties will perform a joint validation to ensure current Interconnection Facilities and associated trunks have not been over-provisioned. If any facilities and/or associated trunks are over-provisioned, they will be turned down where appropriate. Trunk design blocking criteria described in Section 64.3.4 will be used in determining trunk group sizing requirements and forecasts. 51.3.4 If, based on the forecasted equivalent DS-1 growth, the existing facilities are not projected to exhaust within one year, the Parties will suspend further relief planning on this Interconnection until a date one (1) year prior to the projected exhaust date. If growth patterns change during the suspension period, either Party may re-initiate the joint planning process. 51.3.5 Both Parties will negotiate a project service date and corresponding work schedule to construct relief facilities prior to facilities exhaust.

  • Licensee Responsibilities Licensee is responsible for Licensee’s Users’ compliance with this Agreement. Licensee is responsible for all of Licensee’s uses and accounts. Licensee will be responsible for maintaining the security of Licensee’s accounts, passwords and files. Licensee and Users cannot share Licensee’s accounts or passwords or allow any third party to use Licensee’s accounts or passwords. Licensee will exercise reasonable precautions to prevent unauthorized use of the Software.

  • Joint Responsibility If the Seller determines that the Interface Problem is attributable partially to the design of a Warranted Part and partially to the design of any Supplier Part, the Seller will, if so requested by the Buyer, seek a solution to the Interface Problem through cooperative efforts of the Seller and any Supplier involved. The Seller will promptly advise the Buyer of such corrective action as may be proposed by the Seller and any such Supplier. Such proposal will be consistent with any then existing obligations of the Seller hereunder and of any such Supplier towards the Buyer. Such corrective action, unless reasonably rejected by the Buyer, will constitute full satisfaction of any claim the Buyer may have against either the Seller or any such Supplier with respect to such Interface Problem.

  • Your Responsibility You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.

  • RESPONSIBILITY OF PFPC TRUST (a) PFPC Trust shall be under no duty to take any action on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust in writing. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement. (b) Without limiting the generality of the foregoing or of any other provision of this Agreement, (i) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for (A) the validity or invalidity or authority or lack thereof of any Oral Instruction or Written Instruction, notice or other instrument which conforms to the applicable requirements of this Agreement, and which PFPC Trust reasonably believes to be genuine; or (B) subject to Section 10 of this Agreement, delays or errors or loss of data occurring by reason of circumstances beyond PFPC Trust's control, including acts of civil or military authority, national emergencies, fire, flood, catastrophe, acts of God, insurrection, war, riots or failure of the mails, transportation, communication or power supply. (c) Notwithstanding anything in this Agreement to the contrary, neither PFPC Trust nor its affiliates shall be liable to the Fund or to any Portfolio for any consequential, special or indirect losses or damages which the Fund may incur or suffer by or as a consequence of PFPC Trust's or its affiliates' performance of the services provided hereunder, whether or not the likelihood of such losses or damages was known by PFPC Trust or its affiliates.

  • IRO Responsibilities The IRO shall: 1. perform each Claims Review in accordance with the specific requirements of the CIA;

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss arising within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the Property, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Joint Responsibilities The relationship between SAE ITC, the Activities and its Members shall be, and at all times, advisory only, and no party shall have the authority to enter into any contract or commitment in the name of, or on behalf of, any other party. Nothing in this Agreement shall be construed to confer upon either party the status of employee, agent, partner, joint venturer or legal representative of the other, it being intended by all parties to remain independent legal entities solely responsible for its own actions.

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