Liability of the. Custodian with Respect to Use of Securities Systems and Foreign Depositories - With respect to the portfolio securities, cash and other property of the Fund held by a Securities System or by a Foreign Depository utilized by the Custodian or any Subcustodian, the Custodian shall be liable to the Fund only for any loss or damage to the Fund resulting from use of the Securities System or Foreign Depository if caused by any negligence, misfeasance or misconduct of the Custodian or any of its Agents (as said term is defined in Section 6.6) or of any of its or its Agents' employees or from any failure of the Custodian or any such Agent to enforce effectively such rights as it may have against the Securities System or Foreign Depository. At the election of the Fund, it shall be entitled to be subrogated to the rights of the Custodian with respect to any claim against the Securities System, Foreign Depository or any other person which the Custodian may have as a consequence of any such loss or damage to the Fund if and to the extent that the Fund has not been made whole for any such loss or damage.
Liability of the. [Commission][Agency][additional OPTION for experts managed by XXX for non-REA calls: or [the Commission][INEA][EASME] The [Commission][Agency] [additional OPTION for experts managed by REA for non-REA calls: or the [Commission][INEA][EASME]] cannot be held liable for any damage caused to the expert as a consequence of performing the Contract, except in the event of wilful misconduct or gross negligence.
Liability of the. Servicer Section 6.02 Merger or Consolidation of, or Assumption of the Obligations of, the Servicer Section 6.03 Limitation on Liability of the Servicer and Others Section 6.04 Servicer Not to Resign Section 6.05 Delegation of Duties Section 6.06 Servicer to Pay Indenture Trustee's and Owner Trustee's Fees and Expenses; Indemnification
Liability of the. Subcustodian with Respect to Use of Securities Systems and Foreign Depositories, is amended by the insertion of the following at the end of said Section: "Notwithstanding anything in this Agreement to the contrary, neither the Subcustodian nor the Sub-Subcustodian shall be responsible or liable to the Custodian a Fund or its shareholders for the acts or omissions of a Foreign Depository in Russia, and in addition, neither the Subcustodian nor a Sub-Subcustodian shall be responsible or liable to the Custodian, a Fund or its shareholders for the failure of the Subcustodian or Sub-Subcustodian to assert rights effectively against any such Foreign Depository unless due to the negligence, fraud, or willful default of the Subcustodian or Sub-Subcustodian."
Liability of the. FHCF (1) The SBA shall reimburse the Company, with respect to each Covered Event commencing during the Contract Year for the “Reimbursement Percentage” elected, this percentage times the amount of Ultimate Net Loss paid by the Company in excess of the Company’s Retention, as adjusted pursuant to Article V(28), plus 5% of the reimbursed Losses for Loss Adjustment Expense Reimbursement, (2) The Reimbursement Percentage will be 45% or 75% or 90%, at the Company’s option as elected under Article XIX. FHCF-2017K 2 Rule 19-8.010 F.A.C.
Liability of the leaseholder in case of any injury or loss or death due to loading/unloading/stacking / removal of parcels. If the labourer or his representative or any other staff of leaseholder meets with any injury or loss or death due to any reason during the handling, loading, unloading process the railway will not be liable for the same and the leaseholder will indemnify and keep indemnified the Railway Administration for such acts of commission or omission.
Liability of the successful bidder The successful bidder shall be responsible for all due permissions, authorizations and consents from any third party licensors of software provided by the bidder for this project. The liability of the bidder, regardless of the nature of the action giving rise to such liability and in case of claims against the LIC arising out of misconduct or gross negligence of the bidder, its employees and subcontractors or through infringement of rights, patents, trademarks, copyrights, Intellectual Property Rights or breach of confidentiality obligations shall be unlimited. 21.5
Liability of the. PARTIES 6.