Enterprise Liability Sample Clauses
The Enterprise Liability clause defines the extent to which an organization is legally responsible for the actions, omissions, or liabilities of its employees, agents, or subsidiaries. In practice, this clause may specify that the enterprise assumes responsibility for damages caused by its representatives during the course of business, or it may limit liability to certain types of conduct or specific situations. Its core function is to clarify and allocate risk between parties by establishing who bears responsibility for losses or claims arising from enterprise-related activities, thereby reducing uncertainty and potential disputes.
Enterprise Liability. Any and all obligations of the Enterprise that may arise under this Agreement, whether financial or otherwise, shall be payable solely from the revenues, income, rents and receipts earned by the Enterprise. Nothing herein shall be deemed to prevent the Enterprise from making any payments from any other legally available source. In no event shall the Enterprise be required to spend any money from taxes in violation of Section 20(4) of Article X of the Colorado Constitution in the performance of its obligations under this Agreement or which would cause the Enterprise to lose its enterprise status as such status is defined in the Colorado Constitution. In addition, neither the Enterprise nor the District shall be required to expend any funds or impair any assets of the District in the performance of any of the Enterprise’s obligations under this Agreement. The obligations of the Enterprise under this Agreement do not constitute a debt or indebtedness of the Enterprise or the District within the meaning of any constitutional, charter or statutory provision or limitation, and shall not be considered or held to be a general obligation of the Enterprise or the District.
Enterprise Liability. Enterprise shall be liable for, and shall indemnify and hold harmless the HP Group from and against any liability for, Pre-Distribution Period Taxes which are allocated to Enterprise under this Section 2, with such amounts to be calculated on the basis that each member of the HP Group is an HP Full Taxpayer.
Enterprise Liability. Enterprise shall be liable for, and shall indemnify and hold harmless the HP Group from and against any liability for:
(i) Any Separation Tax imposed by any Tax Authority on any member of the Enterprise Group (if such member is primarily liable under applicable Tax Law for such Tax);
(ii) Any increase in a Separation Tax for which a member of the Enterprise Group is primarily liable under applicable Tax Law as a result of a Final Determination if such increase does not exceed five million dollars ($5,000,000), with any such increase calculated by utilizing the assumptions set forth in the description of Enterprise Full Taxpayer;
(iii) Fifty percent (50%) of any increase in a Separation Tax where such increase exceeds five million dollars ($5,000,000), with any such increase calculated by utilizing the assumptions set forth in the description of HP Full Taxpayer or Enterprise Full Taxpayer, as the case may be;
(iv) Any Tax resulting from a breach by Enterprise of any covenant in this Agreement, the Separation and Distribution Agreement or any Transaction Document; and
(v) Any Tax-Related Losses for which Enterprise is responsible pursuant to Section 7.02 of this Agreement.
Enterprise Liability. The tribunals, in short, disregarded conspiracy as an independent crime in favor of being “connected with plans or enterprises” as a mode of participation. That mode, according to the tribunals, had four elements: (1) the existence of a criminal enterprise; (2) the commission of a war crime or crime against humanity pursuant to the criminal enterprise; (3) the defendant‟s knowledge of the criminal enterprise; and