Xxxxxx Liability. The Lessee takes possession of the leased pre- mises subject to the hazards of operating a farm, and assumes all risk of accidents personally as well as for family, employees, or agents in pursu- ance of farming operations, or in performing repairs on buildings, fences, tile, and other improvements.
Xxxxxx Liability. In the event that Tritel consists of two (2) or more separate entities as set forth in this Agreement and/or any Amendments hereto, all such entities shall be jointly and severally liable for the obligations of Tritel under this Agreement.
Xxxxxx Liability. (a) Nothing in this Agreement excludes, restricts or modifies the application of the provisions of any statute (including New Zealand Consumer Law) where to do so would contravene that statute or cause any part of this Agreement to be void.
(b) To the extent permitted by law, the Customer agrees that:
(i) subject to the consumer guarantees and other provisions of New Zealand Consumer Law (if applicable), Chubb will have no liability for any statements, representations, guarantees, conditions or warranties that are not expressly contained in this Agreement;
(ii) where Chubb breaches its obligations under this Agreement, Chubb shall, at its election, re- supply the Products or Services or pay to have those Services supplied again or the replacement, repair or repayment of the Products to a maximum total value of the Fees paid by the Customer under this Agreement;
(iii) any liability of Chubb will be reduced to the extent that any loss, damage or expense was caused by the Customer, the Customer's Personnel or a third party including as a result of a breach of this Agreement, negligence, fault, lack of reasonable care or through any other act or omission of the Customer, the Customer's Personnel or a third party;
(iv) Chubb's total aggregate liability to the Customer, however arising at law, in equity, under statute, or otherwise, in respect of all claims arising out of or in connection with this Agreement, will be limited to the total value of Fees received by Chubb from the Customer under this Agreement; and
(v) Chubb will not be liable to the Customer for any claims not notified to Chubb in accordance with clause 18(a) within three months of the Completion Date (except for claims made under clause 8 and 9).
(c) Notwithstanding anything else in this Agreement and subject to New Zealand Consumer Law, neither party will be liable to the other party for any indirect, consequential, special or economic loss, cost, liability, damage or expense howsoever arising; and/or loss of profit, loss of use, loss of income, loss of rental or other benefit, loss of production, loss of actual or potential business opportunity or loss of reputation, cost of capital or other financing costs howsoever arising.
(d) The Customer acknowledges and agrees that it is reasonable for Chubb to limit its liability under this Agreement and that the Fees charged by Chubb are based solely on the value of the Works supplied.
Xxxxxx Liability. 19 AGREEMENT AND PLAN OF REORGANIZATION This AGREEMENT AND PLAN OF REORGANIZATION (the "Agreement") is made as of the 15th day of August, 2000, by Firstar Funds, Inc. ("Firstar"), a Wisconsin corporation, and Firstar Select Funds ("Select"), a business trust established under the laws of the State of Ohio.
Xxxxxx Liability. FOR CULPABLE DAMAGE TO LIFE, BODY OR HEALTH AS WELL AS OUR LIABILITY UNDER THE PRODUCT LIABILITY ACT SHALL REMAIN UNAFFECTED. 11.3. ANY LIABILITY NOT EXPRESSLY PROVIDED FOR ABOVE SHALL BE DISCLAIMED.
Xxxxxx Liability. In the event that Xxx.Xxx consists of two (2) or more separate entities as set forth in this Agreement and/or any Amendments hereto, all such entities shall be jointly and severally liable for the obligations of Xxx.Xxx under this Agreement.
Xxxxxx Liability. Notwithstanding Section 5.01 hereof, XxXxxx shall be liable for, and shall indemnify Pinnacle against, the Taxes described in Section 5.01, to the extent the incurrence of the Tax in question resulted from (i) any actions taken after the Disaffiliation Date by XxXxxx or any of its stockholders that would be contrary to the requirements of Section 355 of the Code or (ii) any failure by XxXxxx or any of its stockholders to take any actions after the Disaffiliation Date that would be contrary to the requirements of Section 355 of the Code.
Xxxxxx Liability. SP Coal in accordance with Section 1.1 of the Agreement hereby expressly agrees to be responsible for and contribute to capital. The funds to pay 100% of the Xxxxxx Liability as defined in the Agreement. VAICO is hereby relieved of the VAICO Contribution Obligation with respect to the Xxxxxx Liability.
Xxxxxx Liability. The Lessor shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $750,000 per claim and $1,500,000 per occurrence to cover such claims as may be caused by any act, omission, or negligence of the Lessor and its officers, employees, or agents in accordance with § 2-9-108, MCA.
Xxxxxx Liability. This Deed shall: (a) be a continuing indemnity and shall not be discharged by any intermediate settlement of any amount owing hereunder to S & Y and shall remain in effect until any amount owing hereunder is discharged in full; (b) remain in force notwithstanding any amendment at any time to the provisions of the Stock Purchase Agreement.
