Acknowledgment of Responsibility. The Owner acknowledges and agrees that it is responsible for the acts and omissions of its agents, including the Shipping Agent, its employees, servants, invitees and contractors concerning the hire and use of the Common User Wharves.
Acknowledgment of Responsibility. The Participant agrees:
Acknowledgment of Responsibility. The Hirer acknowledges and agrees that it is responsible for the acts and omissions of its agents, employees, servants, invitees and contractors concerning the hire and use of the Common User Terminal.
Acknowledgment of Responsibility. Buyer acknowledges and agrees that as of the date and time the Closing is effective, Buyer is considered for purposes of the Worker Adjustment and Retraining Notification Act (the "WARN Act") the employer of the Retained Employees and that Buyer (and not HEALTHSOUTH, Seller or the Subsidiaries) shall thereupon be responsible for complying with the WARN Act with respect to the Retained Employees and that prior to such time none of the Retained Employees shall be, nor shall they be deemed to be, terminated. Buyer shall indemnify and hold HEALTHSOUTH, Seller and their Affiliates harmless, in accordance with Sections 11.4, 11.5 and 11.6, from and against all Losses (i) resulting from any compliance obligation (including, without limitation, the obligation to give notice or pay money) HEALTHSOUTH or Seller or its Affiliates or Buyer has under the WARN Act arising from the termination of any Retained Employee, or (ii) resulting from any claims of the Hired Employees (including, without limitation, claims for health care coverage or benefits).
Acknowledgment of Responsibility. (a) Buyer acknowledges Buyer’s responsibilities following Closing, and hereby agrees, following Closing, to plug and abandon each and every well included in the Assets and to reclaim and remediate the Assets in accordance with applicable Laws and as may be required under any Lease, Contract or other agreement affecting the Assets (whether or not the plugging or reclamation obligation arose or relates to periods of time prior to or after the Effective Time).
Acknowledgment of Responsibility. The Purchasing Party acknowledges and agrees that such party is a successor employer for purposes of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), that the employees it hires as of the Closing in accordance with Section 4.5(b) will not, as a result, be deemed to have had a termination of employment for purposes of COBRA and that any COBRA notices or coverages required to be given or made available to any such employee shall be given or made by the Purchasing Party. The Purchasing Party does not assume, and shall not be deemed to have assumed, any COBRA obligations which the Transferring Party may have to former employees of the Transferring Party whose employment was terminated prior to the Closing Date, and the Transferring Party shall be responsible for any COBRA coverages required to be made available to all employees hired as of the Closing by the Purchasing Party who are entitled to COBRA coverage under existing plans of the Transferring Party as a result of the Transaction. The Transferring Party is responsible for all liabilities and obligations pertaining to its employees prior to the Closing which arise out of events occurring prior to the Closing Date, except as provided for in Sections 2.3(b) and 3.3(b), as applicable. Furthermore, CCS shall indemnify and hold MPH and its Affiliates harmless, in accordance with Sections 10.3 10.4 and 10.5, from and against all Losses (i) resulting from any obligation arising from the termination of employees who performed services at Gulf Pines Hospital prior to the Closing and were not hired by MPH pursuant to Section 4.5(b) including, but not limited to, the Worker Adjustment and Retraining Notification Act, or (ii) resulting from any claims of such employees (including, without limitation, claims for health care coverage or benefits). Notwithstanding the foregoing, nothing in this Section 4.5 shall, or shall be deemed to, create any rights in favor of any person not a party hereto or to constitute an employment agreement or condition of employment for any employee of MPH or CCS or any Affiliate of MPH or CCS.
Acknowledgment of Responsibility. Customer acknowledges that INSpire assumes no risk or responsibility for Customer's claims administration under this Agreement.
Acknowledgment of Responsibility. (a) Buyer acknowledges the Asset Company’s responsibility following Closing, and hereby agrees, following Closing, to cause the Asset Company to, plug and abandon each and every well included in the Pine Mountain Assets for which the Asset Company or a Cenestia Partnership has such responsibility and to reclaim the Pine Mountain Assets for which the Asset Company or a Cenestia Partnership has such reclamation obligation in accordance with applicable Laws and as may be required under any Lease, contract or other agreement affecting the Pine Mountain Assets (whether or not the plugging or reclamation obligation arose or relates to periods of time prior to or after the Effective Time).
Acknowledgment of Responsibility. Buyer acknowledges and agrees that as of the date and time the Closing is effective pursuant to Paragraph 11, Buyer is considered for purposes of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. Section 2101, et seq. (the "WARN ACT",) the employer of the Retained Employees and that Buyer (and not Seller) shall thereupon be responsible for complying with the WARN Act with respect to the Retained Employees and that prior to such time none of the Retained Employees shall be, nor shall they be deemed to be, terminated. Buyer shall indemnify and hold Seller harmless from and against all losses, liabilities, fines, penalties, charges, costs and expenses, including reasonable attorneys' fees (including a reasonable estimate of the allocable costs of in-house counsel and staff) actually incurred, paid or required under penalty of Law to be paid by Seller (i) resulting from any compliance obligation (including, without limitation, the obligation to give notice or pay money) Seller or Buyer has under the WARN Act with respect to the termination of any Retained Employee whose name appears on the adjusted list of Retained Employees on the Closing Date or (ii) resulting from any claims of the Hired Employees (including, without limitation, claims for health care coverage or benefits). Buyer's indemnification obligation hereunder is separate and apart from and in addition to its indemnification obligations under Paragraph 16.2.
Acknowledgment of Responsibility. (a) Buyer acknowledges the Purchased Companies’ responsibilities following Closing, and hereby agrees, following Closing, to cause the Purchased Companies to plug and abandon each and every well included in the Core Assets for which any or all of the Purchased Companies has such responsibility and to reclaim and remediate the Core Assets for which any Purchased Company has such reclamation and/or remediation obligation in accordance with applicable Laws and as may be required under any Lease, contract or other agreement affecting the Core Assets (whether or not the plugging or reclamation obligation arose or relates to periods of time prior to or after the Effective Time).
