Liability for Services. Except as may otherwise be required by the 1940 Act or the rules thereunder or other applicable law, and except as set forth in the next paragraph, the Fund and Manager agree that the Sub-Adviser, any of its affiliated persons, and each person, if any, who, within the meaning of Section 15 of the Securities Act of 1933, as amended, controls the Sub-Adviser, shall not be liable for, or subject to any damages, expenses, or losses in connection with, any act or omission connected with or arising out of any services rendered under this Agreement, except by reason of willful misfeasance, bad faith, or gross negligence in the performance of the Sub-Adviser's duties, or by reason of reckless disregard of the Sub-Adviser's obligations and duties under this Agreement.
Liability for Services. Despite Notwithstanding clause 17.3, a party (the “First Party”) will be liable for loss of revenue suffered by the other party as a result of an error made by, or on behalf of, the First Party in providing the Services, provided that:
Liability for Services. The Supplier shall perform the Services with due diligence and in a workmanship manner that can be accepted from a professional supplier of the Services. The Supplier shall be liable to perform the maintenance and repair work that is included in Sparklike CARE™ and for the Necessary and Additional Service it can reasonably deem to be necessary to be performed when inspecting the Products. The Supplier shall have no liability for defects in parts of the Products that have been inspected in accordance with Sparklike CARE™ and have been found at the time of inspection not being in need for maintenance or repair. Subject to the aforesaid, the Supplier shall be liable for clear defects in the performed Services for one (1) year from the date when the Service was performed, provided that the Purchaser notifies the Supplier of the defect with no delay when it is noticed or it reasonably should have been noticed the defect. The Supplier shall, however, not have liability for defects in case the Products have been repaired or maintained by any third party other than expressly authorized by the Supplier.
Liability for Services. You are, and will remain, liable for payment to us of any Services performed and delivered up to and including the date of termination, regardless of whether those Services are partially or wholly completed, or not realised until after the date of termination and whether or not an invoice has been rendered.
Liability for Services. Products -------------------------------
Liability for Services. Client acknowledges and agrees that the services provided by Omni or Omni's landlord are without any warranty of any kind or character and are subject to human, electrical and mechanical error or other failure, which may result in the delay, omission or discontinuance of services. Client further acknowledges that Omni shall only be responsible for such claims or damages, that are a direct result of Omni's failure to repair items within Omni's control if Omni is given five (5) day written notice of such repairs. Client's sole remedy, and Omni's sole obligation for any failure to render any services, any error or omission, or any delay or interruption with respect thereto, is limited to an adjustment to Client's billing in an amount equal to the charge for such services for the period during which the failure, delay or interruption continues. Services shall include Client's licensed office, use of the Omni Center and Omni's services. Notwithstanding anything in this Revocable License to the contrary, there shall be no such billing adjustment if Client is in default hereunder. WITH THE SOLE EXCEPTION OF THE REMEDY SET FORTH IN THIS PARAGRAPH, CLIENT EXPRESSLY AND SPECIFICALLY AGREES TO WAIVE, AND AGREES NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTIAL, INCLUDING WITH RESPECT TO LOST BUSINESS OR PROFITS, ARISING OUT OF ANY FAILURE TO FURNISH ANY SERVICE, ANY ERROR OR OMISSION WITH RESPECT THERETO, OR ANY DELAY OR INTERRUPTION OF THE SAME.
Liability for Services. No member of the Group has provided any product or service which does not in any material respect (i) comply with all applicable laws, regulations or standards; or (ii) accord with any representation or warranty, express or implied, given in respect of it.
Liability for Services. The standard for determining whether Century or ML Media shall have any liability to the other for services performed under this Agreement shall be the same standard as under the Joint Venture Agreement, which agreement the parties hereto acknowledge shall otherwise be terminated and of no force or effect as of the Effective Date; PROVIDED, HOWEVER, each party shall retain any rights or claims under that agreement relating to the period through the Effective Date.
Liability for Services. Except as described in Section 2.19 of the Disclosure Schedule, in connection with the conduct of each Company’s business: (a) to the knowledge of each Company and Seller, there are no events, conditions, circumstances, activities, practices, incidents, actions, omissions or plans that might reasonably be expected to give rise to any material liability or obligation or otherwise form the basis of any material claim based on or related to any service provided or allegedly provided by or on behalf of such Company, and (b) to the knowledge of each Company and Seller, any services provided by such Company or any of its affiliates materially complied with applicable Permits, Applicable Laws or applicable industry and customer standards, and there have not been and there are no material defects or deficiencies in such services.
Liability for Services. 18 2.24 Environmental...................................................18 2.25
