FCF LIABILITY Clause Samples

FCF LIABILITY. 38 SCHEDULE 1............................................................................................... 44 SCHEDULE 2............................................................................................... 45 SCHEDULE 3............................................................................................... 46 SCHEDULE 4............................................................................................... 47 SCHEDULE 5............................................................................................... 48 SCHEDULE 6............................................................................................... 50 SCHEDULE 7............................................................................................... 55 SCHEDULE 8............................................................................................... 59 Transition Deed ii DEED dated 2003 PARTIES FORESTRY CORPORATION OF NEW ZEALAND LIMITED (IN RECEIVERSHIP) ("FCNZ") AND CITIC NEW ZEALAND LIMITED (BVI) (IN RECEIVERSHIP) ("CITIC") BEING THE PARTNERS OF THE CENTRAL NORTH ISLAND FOREST PARTNERSHIP ("CNIFP") RED STAG WOOD PRODUCTS LIMITED (IN RECEIVERSHIP) ("RSW") RED STAG MOULDINGS LIMITED (IN RECEIVERSHIP) ("RSM") ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ AND ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ AS JOINT RECEIVERS OF CNIFP (EACH A "RECEIVER" AND TOGETHER THE "RECEIVERS") ▇▇▇▇▇▇▇▇ CHALLENGE FORESTS INDUSTRIES LIMITED (FORMERLY ▇▇▇▇▇▇▇▇ CHALLENGE FORESTS LIMITED) ("FCF") ▇▇▇▇▇▇▇▇ CHALLENGE FORESTS MANUFACTURING LIMITED ("FCM") ▇▇▇▇▇▇▇▇ CHALLENGE FORESTS FINANCE LIMITED ("FCFL") ▇▇▇▇▇▇▇▇ CHALLENGE FORESTS LIMITED ("FCL") TIMBER MANAGEMENT COMPANY LIMITED ("TMC")
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FCF LIABILITY. The total liability of the FCF Group in respect of any and all defaults by any member of the FCF Group of any of its or their obligations under this deed shall be limited to $10 million in aggregate, except for liability resulting from the wilful default by any relevant member of the FCF Group in respect of an obligation under this deed. EXECUTED AS A DEED FORESTRY CORPORATION OF NEW ZEALAND LIMITED (IN RECEIVERSHIP) by: _________________________________ Signature of joint receiver _________________________________ Name of joint receiver ______________________________________ Signature of witness ______________________________________ Name of witness ______________________________________ Occupation of witness ______________________________________ City/town of residence Forestry Corporation of New Zealand c/- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇ Ph: (▇▇) ▇▇▇ ▇▇▇▇ Fax: (▇▇) ▇▇▇ ▇▇▇▇ CITIC NEW ZEALAND LIMITED (BVI) (IN RECEIVERSHIP) by: ____________________________________________ Signature of joint receiver, as its attorney ______________________________ ____________________________________________ Signature of witness Name of joint receiver ______________________________ Name of witness ______________________________ Occupation of witness ______________________________ City/town of residence Citic New Zealand Limited (BVI) c/- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇ Ph: (▇▇) ▇▇▇ ▇▇▇▇ Fax: (▇▇) ▇▇▇ ▇▇▇▇ Transition Deed 39 TIMBER MANAGEMENT COMPANY LIMITED by: _________________________________ Signature of director _________________________________ Name of director _________________________________ Signature of director _________________________________ Name of director Timber Management Company Limited ▇/- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Level 16 Tower Centre ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ 1 Ph: (▇▇) ▇▇▇ ▇▇▇▇ Fax: (▇▇) ▇▇▇ ▇▇▇▇ RED STAG WOOD PRODUCTS LIMITED (IN RECEIVERSHIP) by: _________________________________ Signature of joint receiver _________________________________ Name of joint receiver ______________________________________ Signature of witness ______________________________________ Name of witness ______________________________________ Occupation of witness ______________________________________ City/town of residence Red Stag Wood Products Limited c/- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ...
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Related to FCF LIABILITY

  • Non-Liability (a) Except for the negligence or wrongful acts of Landlord, its agents, contractors and employees, Landlord shall not be responsible or liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the Premises or any part of the Building or for any loss or damage resulting to Tenant or his property from burst, stopped or leaking water, gas, sewer or steam pipes, or for any damage or loss of property within the Premises from any cause whatsoever, and no such occurrence shall be deemed to be an actual or constructive eviction from the Premises or result in an abatement of rental. (b) In the event of any sale or transfer (including any transfer by operation of law) of the Premises, Landlord (and any subsequent owner of the Premises making such a transfer) shall be relieved from any and all obligations and liabilities under this Lease, except such obligations and liabilities as shall have arisen during Landlord’s (or such subsequent owner’s) respective period of ownership, provided that the transferee assumes in writing all of the obligations of Landlord under this Lease. (c) If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Building and out of rents or other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Building, and neither Landlord nor any of its partners shall be liable for any deficiency.

  • 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.

  • Limit of Liability Under no circumstances will the Company or an Affiliate be liable for any indirect, incidental, consequential or special damages (including lost profits) of any form incurred by any person, whether or not foreseeable and regardless of the form of the act in which such a claim may be brought, with respect to the Plan.

  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.