EXCULPATORY CLAUSE definition

EXCULPATORY CLAUSE. The OWNER, whether corporate or individual, his heirs, successors, personal representatives, next of kin, and assigns, CLEARLY EXPRESSES THE INTENT and AGREEMENT that the MARINA, its members, managers officers, directors, principals, agents, employees, subcontractors, and each of them, shall not be liable for any damage, loss, suit, claim, costs or expense suffered or incurred by OWNER to any vessel or unit, persons or property which arises out of the use of the dockage or storage space that is the subject of this Agreement on account of any casualty, theft, negligence, fire, collision, whether man-made or attributable to an act of God or natural disaster, including but not limited to hurricanes, tropical storms, named windstorms, lightning, rain, flooding, or other severe weather, whether or not such loss, suit, damage, costs, expense, or claim is based upon negligence of the MARINA or the negligence of any other party. This exculpatory clause applies to losses, suits, damages or claims related to the alleged negligence of the MARINA and does not apply to losses, suits, damages or claims related to the alleged gross negligence or intentional acts of the MARINA.
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EXCULPATORY CLAUSE means there is some language in the trust that legally limits the authority of the trustee to dis- tribute funds from a trust if the distribution would jeopardize eligibility for government programs including medicaid.
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EXCULPATORY CLAUSE. Customary exculpation provisions associated with conduct subsequent to the Petition Date and/or in connection with the Plan, including with regard to each Noteholder that becomes a party to the RSA.
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Examples of EXCULPATORY CLAUSE in a sentence

  • IN THE EVENT THAT THE EXCULPATORY CLAUSE IS NOT ENFORCEABLE UNDER THE GOVERNING LAW WHERE THE CUSTOMER’S PREMISES IS LOCATED, THE LIMITATIONS OF LIABILITY IN SECTION 11 OF THE AGREEMENT SHALL GOVERN AND CONTROL.

  • INABILITY TO PERFORM - EXCULPATORY CLAUSE........................

  • The period within which the required repairs may be accomplished shall be extended by the number of days, not to exceed one hundred eighty (180) days, lost as a result of unavoidable delays, which term shall be defined to include all delays referred to in the Article contained herein entitled "INABILITY TO PERFORM - EXCULPATORY CLAUSE".

  • SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS EXCULPATORY CLAUSE, INDEMNITY, INSURANCE, AND ALLOCATION OF RISK AND LIMITATION OF LIABILITY PROVISIONS.

  • EXCULPATORY CLAUSE: Both Parties agree that MCA is not an insurer, and no insurance coverage is offered herein.

  • INABILITY TO PERFORM - EXCULPATORY CLAUSE..............................................

  • No other warranties concerning the Confidential Information are made, whether express or implied, and STI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES CONCERNING, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  • IT IS ALSO THE COURT’S RESPONSIBILITY TO DETERMING THE VALIDITY OF THE EXCULPATORY CLAUSE.

  • SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS EXCULPATORY CLAUSE, INDEMNITY/WAIVER OF SUBROGATION RIGHTS, AND LIMITATION OF LIABILITY PROVISIONS.

  • EXCULPATORY CLAUSE – Neither UPI nor the Manager shall be liable for damage to or loss of property of the student occurring in the residence hall or assigned living space.


More Definitions of EXCULPATORY CLAUSE

EXCULPATORY CLAUSE means there is some language in the trust that legally limits the authority of the trustee to distribute funds from a trust if the distribution would jeopardize eligibility for gov­ ernment programs including medicaid.
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