Control and liability Sample Clauses

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.

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.

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.