Risk Assumption. As among the Borrowers, the Lenders, the Administrative Agent and the Issuing Banks, the Borrowers assume all risks of the acts and omissions of, or misuse of such Letter of Credit by, the beneficiary of any Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the Letter of Credit applications and Letter of Credit reimbursement agreements executed by the Borrowers at the time of request for any Letter of Credit, neither the Administrative Agent, any Issuing Bank nor any Lender shall be responsible (in the absence of Gross Negligence or willful misconduct in connection therewith, as determined by the final judgment of a court of competent jurisdiction): (i) for the form, validity, sufficiency, accuracy, genuineness or legal effect of any document submitted by any party in connection with the application for and issuance of the Letters of Credit, even if it should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; (ii) for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; (iii) for failure of the beneficiary of a Letter of Credit to comply duly with conditions required in order to draw upon such Letter of Credit; (iv) for errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, telegraph, telex, or other similar form of teletransmission or otherwise; (v) for errors in interpretation of technical trade terms; (vi) for any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any Letter of Credit or of the proceeds thereof; (vii) for the misapplication by the beneficiary of a Letter of Credit of the proceeds of any drawing under such Letter of Credit; and (viii) for any consequences arising from causes beyond the control of the Administrative Agent, the Issuing Banks and the Lenders, including, without limitation, any Governmental Acts. None of the above shall affect, impair, or prevent the vesting of any Issuing Bank's rights or powers under this Section 3.10.
Risk Assumption. The capitation rates shall not include any amount for recoupment of any losses suffered by the contractor for risks assumed under this contract or any prior contract with the Department.
Risk Assumption. Unless the order confirmation specifies otherwise, the delivery shall be agreed upon ex works. The goods are always being transported at the risk of the customer, even when the customer returns them. If dispatch sales was agreed upon, the risk shall pass on to the customer at the time the shipment is handed over to the person carrying out the transport or if it has left our plant to be shipped out. If the shipment is delayed at the request of the customer, the risk passes on to the customer as soon as customer has been apprised that shipment is ready for transport.
Risk Assumption. 1) Party B shall timely inform Party A of any injury or death of the entrusted cows. Party B shall indemnify Party A for any damages resulting from Party B’s negligence in feeding the cows;
Risk Assumption. 1. For repurchase factoring business, factoring bank does not bear any risks such as any credit risk, commercial dispute risk and force majeure risk of the buyer. For factoring bank to provide financing to customers, the customer shall unconditionally bear the due repayment obligations of related financing principal and interest and expenses. The customer hereby confirms that whether or not the factoring bank transfers the accounts receivable again in accordance with the provisions of this Agreement, and in the case of the factoring bank having the accounts receivable, It does not affect the factoring bank’s counter-transfer of accounts receivable to the customer in accordance with the provisions of this Agreement.
Risk Assumption. Upon the termination of this Agreement for any reason, the risk assumption by AHERF under the procedures described in Section 5 shall apply up to and including such date of termination. Upon the termination of this Agreement, AHERF and the Member Companies shall cooperate in good faith to cause an orderly wind up of the operations contemplated by this Agreement so as not to cause unnecessary disruption to Covered Individuals or AHERF Providers. Termination of this Agreement has no effect upon the rights, obligations or remedies at law or in equity of the parties under any other Agreement. Upon termination of this Agreement and subject to applicable law regarding confidentiality of medical records, each party shall for a period of seven (7) years from the date of termination provide the other party with full access to (and such other party shall be entitled to make and use computer-readable and hard copies of) all data and information of the first party relating to the Member Companies members developed during the term of this Agreement relating to (i) the performance by AHERF Providers under the UM/QA program and (ii) claims, utilization, case management, payment and outcome data with respect to each Covered Individual provided any Covered Services during the term of this Agreement. During the Continuation Period and thereafter, each party shall have the unrestricted ability to contact or otherwise have access to all such Covered Individuals provided the other party does not in any manner disparage the other party (or any AHERF Provider) or any products or services of such other party (or any AHERF Provider).
Risk Assumption. Availability of space in all airports with international flights • Timely release of permit to operate from BOC • Timely procurement process • Timely execution of lease contracts • Timely compliance and approval of all documentary and legal requirements • Timely execution of PPP contracts
Risk Assumption. Approval and consent to operate an online shopping website from the Bureau of Customs. Component Baseline 0000 0xx Xxxxxxx 0xx Xxxxxxx Revised Full Year Target 0xx Xxxxxxx 0xx Xxxxxxx Xxxxxxxxx/Xxxxxxx Xxxxxxx Weight 2014 Target Actual Target Actual Target Actual Target Actual Financial SO 1 Grow Revenues SM 1 Amount of Sales Absolute amount 25% $235 Million $55.66 Million $58.08 Million $53.24 Million $75.02 Million SO 2 Self Sustaining Financial Viability SM 2 EBITDA (Earnings before Interest, Taxes, Depreciation and Amortization) Absolute amount 10% P314 Million P88.793 Million P103.350 Million P74.235 Million P205.253 Million Sub-total 35% Stakeholder SO 3 Improved Customer Shopping Experience SM 3 Customer Satisfaction Rating (Overall - Int'l. Travelers) Customer Satisfaction Survey 7.5% 85% 85% DUTY FREE PHILIPPINES CORPORATION MONITORING REPORT OF PERFORMANCE TARGETS Component Baseline 0000 0xx Xxxxxxx 0xx Xxxxxxx Revised Full Year Target 0xx Xxxxxxx 0xx Xxxxxxx Xxxxxxxxx/Xxxxxxx Xxxxxxx Weight 2014 Target Actual Target Actual Target Actual Target Actual SM 4 Customers Satisfaction Rating (Balikbayan/OFWs) Customer Satisfaction Survey 7.5% 76% 76% SM 5 Total Customer Count Absolute number 10% 1,740,000 473,980 455,730 419,290 473,980 Sub-total 25% Internal Process SO 4 Efficient Customer Management SM 6 Percentage of Resolved Customer Concerns Number of customer concerns resolved over total number of customer concerns received 5% Establish Baseline Baseline + 1% SM 7 Customer Satisfaction on Payment Transaction Customer Satisfaction Survey 5% Establish Baseline Baseline + 1% SO 5 Increase Presence of DFPC Component Baseline 0000 0xx Xxxxxxx 0xx Xxxxxxx Revised Full Year Target 0xx Xxxxxxx 0xx Xxxxxxx Xxxxxxxxx/Xxxxxxx Xxxxxxx Weight 2014 Target Actual Target Actual Target Actual Target Actual SM 8 Percentage of International Airports with DFP Shops/Outlets (Provided that the international airport has international flights and available retail area sufficient for duty free operations, an outlet shall be opened 6 months from the execution of the contract) and TEZ- designated areas viable for duty free store operations Number of international airports and TEZ- designated areas with DFP shops/outlets over total number of international airports and TEZ- designated areas 5% 100% 100% 100% 100% 100% Sub-total 15% Learning and Growth SO 6 Competent Human Resources SM 9 Ratio of Employees Scheduled for Training versus Actual Attendance Employee attendance in...
Risk Assumption. Agent has the legal right and all licenses or certificates required by law to assume all risks imposed on Agent under this Agreement and its arrangements with Providers.
Risk Assumption. Upon the effectiveness of this Agreement, Party B shall assume the risks and losses of the Company in proportion to its ownership of the Company stock.
