Developer Liability Clause Samples

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Developer Liability. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR AMOUNTS ARISING UNDER INDEMNITY, BREACHES OF CONFIDENTIALITY, GROSS NEGLIGENCE, OR GROSS MISUSE OF FIG FUNDS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL DEVELOPER BE LIABLE TO FIG OR ANY AFFILIATE OF FIG OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID BY FIG TO DEVELOPER UNDER THIS AGREEMENT FOR TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH A CLAIM GIVING RISE TO LIABILITY IS MADE. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT.
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Developer Liability. Developer shall be relieved of any obligations under this Agreement as a result of any such Transfer to the extent, but only to the extent, that Developer Successor assumes such obligations in an Assumption Agreement that satisfies Section 7.2, above, a copy of which shall be delivered to Lead Organizations. In such case neither Developer nor any owner of a different interest in the Project shall be liable for any breach of this Agreement by such Developer Successor, solely with respect to the interest being transferred.
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Developer Liability. The Telos network uses “
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Developer Liability. The Telos Blockchain Network uses “Free and Open Source Software” defined as software which has been authored by single or separate authors who do not retain proprietary ownership to said software and make its source code freely available on a public repository. Members agree to hold Developers of all open source software exempt of liability for mistakes, errors, or breach of contract made in the expression of contractual intent, whether or not said mistakes were due to actual or perceived negligence.
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Developer Liability. Notwithstanding the fact that the Project is intended to be a coordinated development of the Development Site by Developer and NSPT, nothing in this Agreement shall be construed to make Developer liable for any of the obligations of NSPT pursuant to the Disposition and Development Agreement between NSPT and the Successor Agency, or any agreements or other instruments entered into pursuant to the NSPT DDA, including the Cost Sharing Agreement or the Park Maintenance Agreement, unless such obligations are expressly set forth herein or such obligations are in other agreements executed by Developer pursuant to this Agreement.
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Developer Liability. Developer shall be relieved of any obligations under this Agreement as a result of any such Transfer to the extent, but only to the extent, that Permitted Transferee assumes such obligations in an Assumption Agreement that satisfies all terms of this Article 14.
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Developer Liability. In the event of a Transfer of Project Interest, notwithstanding anything in this Article to the contrary, Developer shall remain liable for any breach of this Agreement occurring prior to the Transfer of Project Interest and shall remain liable for all obligations not expressly assumed by the Developer Successor(s) in the Confirmation of Successorship Agreement.
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Developer Liability. Notwithstanding any foreclosure or other enforcement of any security interest created by a Senior Financing Agreement, the Developer shall remain liable to the County for the payment of all sums owing to the County under this Project Agreement and the performance and observance of all of the Developer’s covenants and obligations under this Project Agreement.
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Developer Liability 
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Related to Developer Liability

  • Cyber Liability identity theft insurance with a combined limit of Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) general aggregate;

  • Member Liability You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.

  • Other Liability None of the Company Parties is responsible to You for any warranty provided by Company.

  • Our Liability This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or ▇▇▇▇ Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and ▇▇▇▇ Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances: 1. If through no fault of the Bank, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. 7. If you have not properly followed the instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

  • Borrower Liability Each Borrower may, acting singly, request credit extensions hereunder. Each Borrower hereby appoints the other as agent for the other for all purposes hereunder, including with respect to requesting credit extensions hereunder. Each Borrower hereunder shall be jointly and severally obligated to repay all credit extensions made hereunder, regardless of which B▇▇▇▇▇▇▇ actually receives said credit extension, as if each Borrower hereunder directly received all credit extensions. Each Borrower waives (a) any suretyship defenses available to it under the Code or any other applicable law, and (b) any right to require Collateral Agent or any Lender to: (i) proceed against any Borrower or any other person; (ii) proceed against or exhaust any security; or (iii) pursue any other remedy. Collateral Agent and/or any Lender may exercise or not exercise any right or remedy it has against any Borrower or any security it holds (including the right to foreclose by judicial or non-judicial sale) without affecting any Borrower’s liability. Notwithstanding any other provision of this Agreement or other related document, each Borrower irrevocably waives all rights that it may have at law or in equity (including, without limitation, any law subrogating Borrower to the rights of Collateral Agent and the Lenders under this Agreement) to seek contribution, indemnification or any other form of reimbursement from any other Borrower, or any other Person now or hereafter primarily or secondarily liable for any of the Obligations, for any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise and all rights that it might have to benefit from, or to participate in, any security for the Obligations as a result of any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise. Any agreement providing for indemnification, reimbursement or any other arrangement prohibited under this Section 12.10 shall be null and void. If any payment is made to a Borrower in contravention of this Section 12.10, such Borrower shall hold such payment in trust for Collateral Agent and the Lenders and such payment shall be promptly delivered to Collateral Agent for application to the Obligations, whether matured or unmatured.