Control and liability Sample Clauses

Control and liability. Neither LICENSER nor FRAMA control Customer's computer hardware, Software or network services provided by Customer to allow access to the SERVICES. The performance and / or non-performance of computer and network requirements may affect the customer's connections to email, the Internet, or parts thereof, and the transmission of data. Accordingly, FRAMA, LICENSER and all e-communications: RMail Partners disclaim any and all liability resulting from or relating to such events. The service is provided "as is" and "with all faults," and FRAMA, LICENSER and all e-communications: RMail Partners make no additional warranties or representations, express or implied, regarding the merchantability or fitness for a particular purpose or demand arising from a course of dealing, usage or trade practice. FRAMA, LICENSER and all e-communications: RMail Partners provide the Software “as is” with all faults, and hereby disclaim all other warranties and conditions, express, implied or statutory, including and without limitation of implied warranties or conditions. FRAMA, LICENSER and all e-communications: RMail Partners disclaim any liability or responsibility regarding merchantability, fitness for a particular purpose, absence of viruses and negligence or lack of expert handling; the same applies to the title of undisturbed use or non-infringement of rights. The entire risk arising out of the use or performance of the Software is with you.
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Control and liability. Neither the LICENSER nor FRAMA control the Customer's computer hardware, software or the network services provided by the Customer for accessing the SERVICES. The performance of the computer or network or its inability to meet the requirements may adversely affect the Customer's connections to e-mail, the Internet or parts thereof as well as the transmission of data. FRAMA, the LICENSER and all e-communications: RMail partners therefore refuse to accept any liability resulting from or relating to such events. The service is provided "as is" and "with all its faults" and FRAMA, the LICENSER and all e-communications: RMail partners make no additional guarantees or assurances, whether express or implied, regarding the merchantability or suitability for a particular purpose or claims arising in the course of trading, usage or trading practice. FRAMA, the LICENSER and all e-communications: RMail partners provide the Software “as is” with all its faults, and hereby reject all guarantees and conditions, whether express, implied or statutory, including all implied guarantees or conditions without restriction. FRAMA, the LICENSER and all e-communications: RMail partners waive all liability and responsibility regarding merchantability, fitness for a particular purpose, the absence of viruses and negligence or a lack of expert handling. The same applies to the right of undisturbed use or non-infringement of rights. All risks arising out of the use or operation of the Software must be borne by you.
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Control and liability. It is agreed and understood by the parties hereto that the Premises, its fixtures and appurtenances are under the sole and exclusive control of the Tenant and that the Landlord shall not be liable to it, its guests, invitees, servants or agents for any damages, whether to person or property, caused from any reason whatsoever, including but not limited to the failure of any plumbing, heating, sewage, electrical, water or gas systems or supply, or from the failure of any other fixture, or for roof, sidewalk or floor leakage, sweating or seepage or from any damage arising from the element or any other cause. The Landlord shall, likewise, not be liable for any latent defect in the Premises.
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Control and liability. Facility Operator shall retain sole authority, control and responsibility with respect to its employment policy in connection with the performance of its obligations hereunder. Facility Operator shall be responsible for all human resource issues including, without limitation, all claims, benefits, wages, insurance, training, hiring and firing, union activities, collective bargaining and negotiations. Except as otherwise provided in Section 7.1.1 of these Operations Provisions, Facility Operator agrees that any and all claims, demands, notices, damages, costs, fees, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs, that arise or result from the intentional torts of Facility Operator's employees shall be considered Excluded Claims and shall be covered under Landlord's indemnification obligations set forth in Section 12 of the Lease. Facility Owner agrees that the Power Facility may be operated as an IBEW union shop.
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Related to Control and liability

  • Insurance and Liability 13.1 The Contractor shall pay UNDP promptly for all loss, destruction, or damage to the property of UNDP caused by the Contractor’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Contractor or any of its subcontractors in the performance of the Contract.

  • Risk and Liability 16.1 When receiving the Products at the Take Over Point, the Contractor shall ensure that any and all damage or discrepancies observed are noted and notify ArcelorMittal immediately, but not later than within 6 (six) hours of the Contractor becoming aware of any such damages or discrepancies. The Contractor undertakes not to handle any damaged Products until ArcelorMittal has inspected such damaged Products. ArcelorMittal shall carry out such inspection when it deems it to be necessary.

  • Reliance and Liability (a) Agent may, without incurring any liability hereunder, (i) treat the payee of any Note as its holder until such Note has been assigned in accordance with Section 9.9, (ii) rely on the Register to the extent set forth in Section 1.4, (iii) consult with any of its Related Persons and, whether or not selected by it, any other advisors, accountants and other experts (including advisors to, and accountants and experts engaged by, any Credit Party) and (iv) rely and act upon any document and information (including those transmitted by Electronic Transmission) and any telephone message or conversation, in each case believed by it to be genuine and transmitted, signed or otherwise authenticated by the appropriate parties.

  • Responsibility and Liability 5.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any end-user. You shall be solely responsible for any and all product warranties, end-user assistance and product support with respect to each of the Licensed Applications.

  • Indemnity and Liability Subject to Section 3.1, the Company shall (i) indemnify, exonerate and hold the Service Provider and each of its partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents and each of the partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents of each of the foregoing (collectively, the “Related Parties”) free and harmless from and against any and all actions, causes of action, suits, claims, liabilities, losses, damages and costs and out-of-pocket expenses in connection therewith (including attorneys’ fees and expenses) incurred by the Related Parties or any of them before or after the date of this Agreement (collectively, the “Indemnified Liabilities”), arising out of any action, cause of action, suit, arbitration, investigation or claim arising out of, or in any way relating to, (i) this Agreement, any transaction to which the Company is a party or any other circumstances with respect to the Company or (ii) the operations of, or the Services or Office Space provided by the Service Provider to, the Company, or any of its affiliates from time to time; provided, however, that the foregoing indemnification rights will not be available to the extent that any such Indemnified Liabilities arose on account of such Indemnitee’s gross negligence or willful misconduct; and provided, further, that if and to the extent that the foregoing undertaking may be unavailable or unenforceable for any reason, the Company hereby agrees to make the maximum contribution to the payment and satisfaction of each of the Indemnified Liabilities which is permissible under applicable law. For purposes of this Section 5.1, none of the circumstances described in the limitations contained in the two provisos in the immediately preceding sentence will be deemed to apply absent a final non-appealable judgment of a court of competent jurisdiction to such effect, in which case to the extent any such limitation is so determined to apply to any Indemnitee as to any previously advanced indemnity payments made by the Company, then such payments will be promptly repaid by such Indemnitee to the Company without interest. The rights of any Indemnitee to indemnification hereunder will be in addition to any other rights any such person may have under any other agreement or instrument to which such Indemnitee is or becomes a party or is or otherwise becomes a beneficiary or under law or regulation.

  • Litigation and Liabilities There are no civil, criminal or administrative actions, suits, claims, hearings, arbitrations, investigations or other proceedings (“Proceedings”) pending or, to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries, except for those that would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect. There are no obligations or liabilities of the Company or any of its Subsidiaries, whether or not accrued, contingent or otherwise other than (i) liabilities or obligations disclosed, reflected, reserved against or otherwise provided for in the consolidated balance sheet of the Company as of June 30, 2017, and the notes thereto set forth in the Company’s annual report on Form 10-K for the fiscal year ended June 30, 2017 (the “Company Balance Sheet”); (ii) liabilities or obligations incurred in the ordinary course of business consistent with past practice since June 30, 2017; (iii) liabilities or obligations arising out of the Transaction Documents (and which do not arise out of a breach by the Company or SpinCo of any representation or warranty in the Transaction Documents); or (iv) liabilities or obligations that would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect. Neither the Company nor any of its Subsidiaries is a party to or subject to the provisions of any judgment, order, writ, injunction, decree, award, stipulation or settlement of or with any Governmental Entity that would, individually or in the aggregate, reasonably be expected to have, a Company Material Adverse Effect (except to the extent expressly consented to by Parent pursuant to Section 5.06).

  • Warranty and Liability Except to the extent prohibited by Applicable Law, Free of Charge Services are provided “as is” without warranties of any kind and in the then-current version made available by us from time to time without support and availability commitments. We are not obliged to offer post- termination assistance. Siemens’ entire liability for all claims, damages, and indemnities arising out of or related to your use of a Free of Charge Service will not exceed, in the aggregate, the amount of EUR 1,000.00 (or the equivalent amount in local currency).

  • Indemnification and Liability A. Neither the Contractor, OSC, nor the State shall be liable for any delay or failure in performance beyond its control resulting from acts of war, hostility or sabotage; act of God; electrical, internet or telecommunications outage that is not caused by the obligated party; or government restrictions, or other force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such force majeure events upon performance of their respective duties under this Agreement. If such event continues for more than 90 days, either party may terminate all or any agreed upon portion of the Agreement immediately upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures, or OSC’s obligation to pay for Services provided by the Contractor which have been approved by OSC.

  • Taxes and Liabilities The Company shall pay when due all material taxes, assessments and other liabilities except as contested in good faith and by appropriate proceedings and for which adequate reserves in conformity with GAAP have been established.

  • Warranties and Liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

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