Actions of Third-Parties. (a) Subject to clause 6.2(e), if the actions of a third party cause a Party* to breach the Technical Rules*, then the Party* is not in breach of clause 12.1 unless the Party* has:
Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Associate engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Associate. “Knowledge” of misconduct is not limited to actual knowledge. If an Associate engages in acts or omissions that the Associate knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Associate, the Associate shall be deemed to have knowledge of the violation.
Actions of Third-Parties. If a third par- ty acting on behalf of, or with the active or passive assistance or knowledge of a Coach engages in conduct that would be a violation of the Agreement, the conduct of the third- party may be imputed to the Coach. “Knowledge” of misconduct is not limited to actual knowledge. If a Coach engages in acts or omissions that the Coach knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Coach, the Coach shall be deemed to have knowledge of the violation.
Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Ambassador or Influencer engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Ambassador or Influencer. “Knowledge” of misconduct is not limited to actual knowledge. If an Ambassador or Influencers engages in acts or omissions that the Ambassador or Influencer knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Ambassador or Influencer, the Ambassador or Influencer shall be deemed to have knowledge of the violation.
Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance of a GCOOPER en- gages in conduct that would be a violation of the Agreement, the conduct of the third- party may be imputed to the GCOOPER. “Knowledge” of misconduct is not limited to actual knowledge. If a GCOOPER engages in acts or omissions that the GCOOPER knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the GCOOPER, the GCOOPER shall be deemed to have knowledge of the violation.
Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Ambassador engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Ambassador. “Knowledge” of misconduct is not limited to actual knowledge. If an Ambassador engages in acts or omissions that the Ambassador knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Ambassador, the Ambassador shall be deemed to have knowledge of the violation.
Actions of Third-Parties. Notwithstanding any other provision of this Agreement, CHHUNY and its employees, officers, directors, sub-contractors or agents shall have no liability to CMA for any action taken by a Payer, government agency or third-party based upon information provided or recommendations made within the scope of the credentialing, contracting, utilization review, quality improvement, auditing, or related functions of CHHUNY related to administration of the Health Home Program.
Actions of Third-Parties. The Receiver will be responsible for the acts and omissions of each Third Party to whom Confidential Information is disclosed directly or indirectly by the Receiver and the Receiver will indemnify the Discloser for any loss or damage arising from any use or disclosure of Confidential Information by a Third Party which, if made by the Receiver, would be a breach of this Agreement.
Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an ID engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the ID. “Knowledge” of misconduct is not limited to actual knowledge. If an ID engages in acts or omissions that the ID knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the ID, the ID shall be deemed to have knowledge of the violation.
Actions of Third-Parties. Advertiser acknowledges that success of any service which is reliant in whole or in part upon search engine marketing, search engine optimization, or similar strategies is highly dependent upon the algorithm or algorithms utilized by third party operators of search engines, search sites, ad exchanges, aggregators, and/or similar or related item or entity which now exists or which may serve a similar purpose in the future, which algorithms can change at any time, without notice. Publisher has no way of knowing when or how an algorithm will change. As a result, it is impossible for Publisher to provide any level of warranty with respect to, and Publisher hereby expressly disclaims any liability for, the effect that a change in an algorithm may have on Advertising. In no event shall Publisher or any of its Vendors be liable to Advertiser, whether for an error or omission or otherwise or be deemed to be in breach hereof for any failure, delay, or interruption of performance that was caused by a third party or resulted from information supplied by a third party. Publisher’s maximum liability to Advertiser for any error, omission, or other default is limited as stated herein, regardless of whether Advertiser alleges claims against Publisher in contract, tort, strict liability, or other basis in law or equity.
