Xxxxxxx Liability. The Member shall not have any liability for the obligations of the Company except to the extent required by the Act. No member, officer or other manager of the Company shall be liable to the Company, any member, any officer or any manager of the Company for any and all liabilities for breach of contract or breach of duties (including fiduciary duties) of a member, manager or officer of the Company, except for any act or omission that constitutes a bad faith violation of the implied contractual covenant of good faith and fair dealing.
Xxxxxxx Liability. To the extent permitted by State law, no director, officer, employee or agent of ACC, and no officer, employee or agent of ACC, will be personally responsible for any liability arising under or growing out of the Agreement.
Xxxxxxx Liability. Mag-Well's liability to the Sales Representative, any customer or any other third party for any claim, damage, loss or liability arising out of or relating to any of Mag-Well's Products supplied pursuant to this Agreement or otherwise, shall not exceed the purchase price of such Products. Mag-Well shall in no event be liable for any special, indirect to, loss of use of production facilities or equipment, lost production, lost profits, property damage or reliance damages in connection with Mag-Well's performance of this Agreement or any sales contract for the Products, whether such damages are suffered by the Sales Representative, any customer or any other third party.
Xxxxxxx Liability. Xxxxxxx shall be liable for, and shall indemnify and hold harmless the Houston Group from and against any liability for:
(i) Any Tax resulting from a breach by Xxxxxxx of any covenant in this Agreement, the Separation and Distribution Agreement or any Transaction Document; and
(ii) Any Tax-Related Losses for which Xxxxxxx is responsible pursuant to Section 7.02 of this Agreement.
Xxxxxxx Liability. X.X. Xxxxxx may rely on information provided to it by or on behalf of the Funds, or which was prepared or maintained by the Customer or any third party on behalf of the Funds, in the course of discharging its duties under this Agreement. X.X. Xxxxxx shall not be liable to any person for any Liabilities suffered by any person as a result of X.X. Xxxxxx: (i) having relied upon the authority, accuracy, truth or completeness of information including, without limitation, information supplied to X.X. Xxxxxx by the Customer or by the Investment Adviser or any third party (other than an Affiliate or subcontractor of X.X. Xxxxxx involved in the provision of the Services), including but not limited to, information in relation to trades in respect of the Funds or expenses of the Funds; (ii) having relied upon the authority, accuracy, truth and completeness of information furnished to X.X. Xxxxxx by any pricing services, data services, or provider of other market information or information concerning securities held by the Funds.
Xxxxxxx Liability. CSXI has declined to purchase Xxxxxxx Amendment liability coverage from its rail carriers. If APL, LTS or its shipping customers wish to purchase Xxxxxxx Amendment liability coverage, APL, LTS and its shipping customers must obtain such coverage through an SPQ.
Xxxxxxx Liability. In no event shall Lessor be liable for consequential or punitive damages, economic losses or losses derived from future expected revenues and Lessee hereby waives the right to recover such damages or losses from Lessor. The provisions of this Section 33 are not intended to limit Lessee’s right to seek injunctive relief or specific performance.
Xxxxxxx Liability. All personal property belonging to Lessee or to any other person located in or about the building or leased Premises shall be there at the risk of Lessee and such other person, and neither the Lessor nor Lessor’s agents shall be liable for the theft or misappropriation thereof, nor for any damage or injury thereto, nor for any damage or injury to said Lessee or to any other persons or to other property, caused by water, snow, frost, steam, heat or cold, dampness, falling plaster, seepage, sewers or sewage gas, odors, noise, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds or any act, neglect or omission of other Lessees or occupants of the building in which the leased Premises is located or of any other person or caused in any other manner whatsoever. Xxxxxx agrees to protect, indemnify and save harmless Lessor and Xxxxxx’s agents from all losses, costs or damages sustained by reason of any act or other occurrence causing injury to any person or property whomsoever or whatsoever due directly or indirectly to the use of the leased Premises or any part thereof of Lessee.
Xxxxxxx Liability. The Customer agrees that IT PILOTS shall not be responsible or liable to the Customer, to anyone claiming through the Customer or to any third party for any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any course of action whatsoever resulting from any interruption to the Services unless such interruption results from the negligence or willful misconduct of IT PILOTS or its Board members, officers, managers, employees, agents, and representatives harmless from and against any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest, or any course of action whatsoever resulting from the breach by the Customer of this Agreement, and from any act or omission whatsoever by the Customer, its officers, managers, employees, agents, and representatives, and from any claim by any third party in connection with the use of the Products or Services. Except with respect to liability for damages arising form death, bodily injury, or damage to tangible property caused by IT PILOTS's negligence or a willful breach of the obligations of confidentiality herein, the liability of IT PILOTS for claims arising form the furnishing of Products and Services, or from the interruption or loss of use thereof, shall be limited to, and Customer's exclusive remedies shall be: (i) the correction of errors or interruptions in the Services of which within thirty (30) days of occurrence; and (ii) the Performance Guarantee, credit outlined in these terms. IT PILOTS, its servants, agents or employees shall in no event be liable for any failure or delay in performance hereunder if such failure is due, in whole or in part, to any cause beyond its reasonable control. In no event shall IT PILOTS be liable for any indirect, special, incidental or consequential damages in connection with or arising out of the performance of this Agreement howsoever caused including, without limitation of the foregoing, any business or economic loss whatsoever even if IT PILOTS has been advised of the possibility. IT PILOTS does not give any representations or warranties of the merchantability of the Products or Services, or of their fitness for a particular purpose. Notwithstanding the foregoing, IT PILOTS represents and warrants that it has sufficient ownership and/or sub licensing rights to provide the Products and Services hereunder, and that, to the best of IT PILOTS's knowledge, such provision of P...
Xxxxxxx Liability. 23.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out in the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
23.2 The Company will not be held liable for, any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly, arising from but not limited to:
a. Any error or failure in the operation of the Trading Platform;
b. Errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal, the Client not following the instructions on the Client Terminal;
c. Any hardware, software, connection bugs from the Client’s side;
d. All Orders placed under the Client’s Access Data;
e. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event;
f. The acts, omissions or negligence of any third party;
g. The solvency, acts or omissions of any third party
h. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data;
i. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
j. Any actions or representations of the Introducer;
k. Currency risk materialising;
l. Occurrence of Slippage;
m. Any of the risks and warnings of the document “Risks Warnings”, found on the Company’s website, materialises;
n. Any changes in the rates of tax
o. The Client is using Trailing Stop or Expert Advisor
p. The Client’s reliance on Stop Loss Orders q. The actions, orders, instructions, transactions entered into by the Client under this ...
