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 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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Examples of EXCULPATORY CLAUSE in a sentence

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

  • IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE.

  • 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.

  • EXCULPATORY CLAUSE NTH argues that an exculpatory clause found within the Prime Contract bars Ric-Man’s claims, and that the trial court erred by holding otherwise.

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

  • 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.

  • The period within which the required repairs may be accomplished shall be extended by the number of days lost as a result of unavoidable delays, which term shall be defined to include all delays referred to in the article contained in this Lease entitled "INABILITY TO PERFORM - EXCULPATORY CLAUSE".

  • THE CUSTOMER AGREES AND UNDERSTANDS THAT THIS LIMITATION OF LIABILITY IS NOT AN EXCULPATORY CLAUSE.

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

  • BielarzSenior Supervisor Counsel Real Estate Division Room 161030 North LaSalle Street Chicago, Illinois 60602(312) 744-6910 EXCULPATORY CLAUSE FOR CHICAGO TITLE LAND TRUST COMPANY, SUCCESSOR TRUSTEE TO American National Bank and Trust Company of Chicago, AS TRUSTEE UNDER TRUST AGREEMENT DATED February 1, 1984 AND KNOWN AS TRUST #60437 ATTACHED TOAND MADE A PART Real Estate Sales Agreement with City of Chicago.


More Definitions of EXCULPATORY CLAUSE

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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Related to EXCULPATORY CLAUSE

  • Deemer clause means a provision under this title under which upon the

  • Due-on-sale clause The clause in a Security Instrument requiring the payment of the Unpaid Principal Balance of the related Mortgage Loan upon the sale of, or the transfer of an interest in, the related Mortgaged Property.

  • Additional Clauses means the additional Clauses specified in paragraph 2.1 of Annex A to this Contract that were requested in the Order by the CUSTOMER and that shall apply to this Contract.

  • Severability If any provision of this Consulting Agreement is invalid, illegal, or unenforceable, the balance of this Consulting Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.

  • Special Purpose Provisions has the meaning specified in Section 11.02 of the LLC Agreement.

  • Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).

  • Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail.

  • Model Clauses means the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU of 5 February 2010 for the transfer of Personal Data to Processors established in third countries under the EU Directives and any amendment, replacement or renewal thereof by the European Commission.

  • Section 1110 means Section 1110 of the Bankruptcy Code.

  • Relevant Provisions means, in respect of the Determination Agent, the provisions of the Determination Agency Agreement, the Trust Deed, and the Conditions.

  • Enforceability Limitations means limitations on enforcement and other remedies by or arising under or in connection with applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other similar Applicable Laws affecting creditors’ rights generally or general principles of equity.

  • ESG Pricing Provisions has the meaning specified in Section 2.18.

  • Governing Law This Agreement is governed by, and shall be construed in accordance with, English law.

  • EU Model Clauses means the (Standard Contractual Clauses (processors)) or any subsequent version thereof published by the European Commission (which will automatically apply). The Standard Contractual Clauses current as of the effective date of the Agreement are attached hereto as Appendix 4.

  • Transfer Provisions means the provisions of Section 00-00-000 of the FILOT Act, as amended or supplemented from time to time, concerning, among other things, the necessity of obtaining County consent to certain transfers.

  • Other Applicable Provisions To the extent Dealer is obligated to deliver Shares under any Transaction, the provisions of Sections 9.2 (last sentence only), 9.8, 9.9, 9.10, 9.11 and 9.12 of the Equity Definitions will be applicable as if “Physical Settlement” applied to such Transaction; provided that the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws that exist as a result of the fact that Counterparty is the issuer of the Shares.

  • statutory provision means a provision of an Act or of an instrument made under an Act.

  • Limit of Liability means, with respect to any Insuring Agreement, the limit of liability of the Underwriter for any Single Loss covered by such Insuring Agreement as set forth under the heading “Limit of Liability” in Item 3 of the Declarations or in any Rider for such Insuring Agreement.

  • Loss Payable Clauses means the provisions regulating the manner of payment of sums receivable under the Insurances which are to be incorporated in the relevant insurance document, such Loss Payable Clauses to be in the forms set out in paragraph 4 of this Schedule, or such other form as the Bank may from time to time agree in writing;

  • Adjustment Provisions means all relevant provisions of these Conditions which provide for any adjustment, delay, modification, cancellation or determination in relation to an Index, the valuation procedure for an Index or the Preference Shares. This shall include the provisions of Condition 11 (Calculation Agent Modifications) and all subsequent Conditions.

  • Promotion of Access to Information Act ’ means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • Use of Proceeds means the use of funds derived by an organization from its charitable gaming activities which are disbursed for those lawful religious, charitable, community or educational purposes. This includes expenses relating to the acquisition, construction, maintenance or repair of any interest in the real property involved in the operation of the organization and used for lawful religious, charitable, community or educational purposes.

  • REIT Provisions of the Code means Sections 856 through 860 of the Code and any successor or other provisions of the Code relating to real estate investment trusts (including provisions as to the attribution of ownership of beneficial interests therein) and the regulations promulgated thereunder.

  • provisions means "provisions, terms, agreements, covenants and/or conditions"; (iii) "lien" shall mean "lien, charge, encumbrance, title retention agreement, pledge, security interest, mortgage and/or deed of trust"; (iv) "obligation" shall mean "obligation, duty, agreement, liability, covenant and/or condition"; (v) "any of the Leased Premises" shall mean "the Leased Premises or any part thereof or interest therein"; (vi) "any of the Land" shall mean "the Land or any part thereof or interest therein"; (vii) "any of the Improvements" shall mean "the Improvements or any part thereof or interest therein"; (viii) "any of the Equipment" shall mean "the Equipment or any part thereof or interest therein"; and (ix) "any of the Adjoining Property" shall mean "the Adjoining Property or any part thereof or interest therein".

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;