Third Party Liabilities. (a) Where any third party seeks to recover a third party liability from ARTC or the Operator, ARTC and the Operator shall take the benefit of any statute or other law or contractual provision that limits, or may limit, the liability of ARTC or the Operator to any proportion of loss and damage suffered.
(b) ARTC and the Operator shall only be entitled to seek contribution from the other in respect of any third party liability on the basis of the negligence, or breach of statutory duty of the other party, but not because of any breach or alleged breach of this agreement by the other party.
(c) ARTC and the Operator release each other from all Claims for contribution from the other in respect of any third party liability except to the extent that such third party liability has been caused or contributed to by the negligence or breach of statutory duty of the other party to this Agreement.
(d) To the extent that ARTC or the Operator shall have incurred legal costs in defending a claim by a third party arising out of an Incident which is caused by a breach of this agreement by ARTC or the Operator, those legal costs (to the extent that they are not recovered by the party who defends the claim, after taking all reasonable steps to recover the same) shall be indemnified by the party in breach of this agreement to the extent that that breach contributed to the Incident.
Third Party Liabilities. The provisions of this Article and of Section 3.2 hereof are not intended to be for the benefit of any creditor or other Person (other than a Member in his or her capacity as a Member) to whom any debts, liabilities or obligations are owed by (or who otherwise has any claim against) the Company or any of the Members. Moreover, notwithstanding anything contained in this Agreement, including specifically but without limitation this Article, no such creditor or other Person shall obtain any rights under this Agreement or shall, by reason of this Agreement, make any claim in respect of any debt, liability or obligation (or otherwise) against the Company or any Member.
Third Party Liabilities. (a) Where any third party seeks to recover a third party liability from ARTC or the Operator, ARTC and the Operator will take the benefit of any statute or other law or contractual provision that limits, or may limit, the liability of ARTC or the Operator to any proportion of loss and damage suffered.
(b) ARTC and the Operator are only entitled to seek contribution from the other in respect of any third party liability on the basis of the negligence, or breach of statutory duty of the other party, but not because of any breach or alleged breach of this Agreement by the other party.
(c) Subject to the indemnity in clause 15.6(d), ARTC and the Operator release each other from all Claims for contribution from the other in respect of any third party liability except to the extent that such third party liability has been caused or contributed to by the negligence or breach of statutory duty of the other party to this Agreement.
(d) To the extent that ARTC or the Operator have incurred legal costs in defending a claim by a third party arising out of an Incident which is caused by a breach of this Agreement by ARTC or the Operator, those legal costs (to the extent that they are not recovered by the party who defends the claim, after taking all reasonable steps to recover the same) will be indemnified by the party in breach of this Agreement to the extent that that breach contributed to the Incident.
Third Party Liabilities. 12.3.1 The Borrower may not enter into any liabilities vis-à-vis a third party without the consent of the Lender unless such liabilities are Permitted Liabilities. “Permitted Liabilities“ shall mean only those liabilities a) which are incurred under the Finance Documents or an interest hedging agreement entered into with a party other than the Lender in compliance with Section 9 (Interest Hedging),
Third Party Liabilities. There are no third party liabilities (e.g. legal fees, fines, unpaid bills, real estate taxes, future advances etc.) which would be assumed by Buyer at closing.
Third Party Liabilities in determining the Close-Out Amount in respect of each Financial Contract, no account will be taken of any Liabilities which are asserted to be due from that Signatory to persons other than the Company or due to that Signatory from persons other than the Company; and
Third Party Liabilities. The report must be addressed to Asset, Real Estate, and Insurance Services Division - Insurance Contract Office (xxxxxxxx.xxxxxxxxxxxxx@xxxxx.xx), based in xxx Xxxxx xxx Xxxxxxx 0, Xxxxx, by sending a copy of any claims for damages or a copy of the notice of investigation along with a note drafted by the Person in charge at the attended Institute stating the facts (with a precise indication of date, place and causes of the accident), and the outcome of the damaged party, its name and domicile together with any eyewitnesses of the event.
Third Party Liabilities. (a) Where any third party seeks to recover a third party liability from ARTC or the Operator, ARTC and the Operator shall take the benefit of any statute or other law or contractual provision that limits, or may limit, the liability of ARTC or the Operator to any proportion of loss and damage suffered.
(b) ARTC and the Operator shall only be entitled to seek contribution from the other in respect of any third party liability on the basis of the negligence, or breach of statutory duty of the other party, but not because of any breach or alleged breach of this Agreement by the other party.
(c) ARTC and the Operator release each other from all Claims for contribution from the other in respect of any third party liability except to the extent that such third party liability has been caused or contributed to by the negligence or breach of statutory duty of the other party to this Agreement.
Third Party Liabilities. (a) Where any third party seeks to recover a third party liability from ARTC or the Operator, ARTC and the Operator will take the benefit of any statute or other law or contractual provision that limits, or may limit, the liability of ARTC or the Operator to any proportion of loss and damage suffered.
(b) ARTC and the Operator are only entitled to seek contribution from the other in respect of any third party liability on the basis of the negligence, or breach of statutory duty of the other party, but not because of any breach or alleged breach of this Agreement by the other party.
(c) Subject to the indemnity in clause 15.6(d), ARTC and the Operator release each other from all Claims for contribution from the other in respect of any third party liability except to the extent that such third party liability has been caused or contributed to by the negligence or breach of statutory duty of the other party to this Agreement.
(d) To the extent that ARTC or the Operator have incurred legal costs in defending a claim by a third party arising out of an Incident which is caused by a breach of this Agreement by
Third Party Liabilities. 15 3.08 Class B Redemption Rights and Redemption on Certain Events...............................15
