Limitation of Liability; Responsibilities Sample Clauses

Limitation of Liability; Responsibilities. (a) Agent shall not be liable for any loss or damage suffered by Owner as the result of any act or omission of any broker or other agent engaged by Owner in effecting purchases, sales or exchanges of Assets except to the extent of any liability caused by (I) the negligence, of Agent or its subagent or subcustodian, or (ii) the failure of Agent or its subagent or subcustodian to perform any acts required in this Agreement. Agent shall not be liable for loss or damage caused either directly or indirectly by invasion by a foreign power, insurrection, riot, war, nuclear disaster, order of civil authority, unrelated to any act or omission by agent, or subagent or subcustodian, or any causes beyond its control which cannot be covered by Agent's insurance.
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Limitation of Liability; Responsibilities. (a) Agent shall not be liable for any loss or damage suffered by Customer as the result of any act or omission of any broker or other agent engaged by Customer in effecting purchases, sales or exchanges of Assets except to the extent of any liability caused by (i) the negligent, reckless or willful conduct of Agent or its subagent or subcustodian, or (ii) the failure of Agent or its subagent or subcustodian to perform any act required in this Agreement. Agent shall not be liable for loss or damage caused directly or indirectly by invasion, insurrection, riot, war, nuclear disaster, order of civil authority or any other causes beyond its control.
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Limitation of Liability; Responsibilities. (a) The Account Bank shall not be liable for any loss or damage suffered by the Pledgee as the result of any act or omission of any broker or other agent engaged by the Pledgee in effecting purchases, sales or exchanges of Assets except to the extent of any liability caused by (i) the negligent, reckless or willful conduct of the Account Bank or its subagent or subcustodian or (ii) the failure of the Account Bank or its subagent or subcustodian to perform any act required by law or this Agreement. The Account Bank shall not be liable for loss or damage caused directly or indirectly by invasion, insurrection, riot, war, nuclear disaster, order of civil authority or any other causes beyond its control.
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Limitation of Liability; Responsibilities. (a) Agent shall not be ----------------------------------------- liable for any loss or damage suffered by Owner as the result of any act or omission of any broker or other agent engaged by Owner in effecting purchases, sales or exchanges of Assets except to the extent of any liability caused by (i) the negligence, of Agent or its subagent or subcustodian, or (ii) the failure of Agent or its subagent or subcustodian to perform any acts required in this Agreement. Agent shall not be liable for loss or damage caused either directly or indirectly by invasion by a foreign power, insurrection, riot, war, nuclear disaster, order of civil authority, unrelated to any act or omission by agent, or subagent or subcustodian, or any causes beyond its control which cannot be covered by Agent's insurance.
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Limitation of Liability; Responsibilities 
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Related to Limitation of Liability; Responsibilities

  • Limitation of Liabilities Terms and Conditions Page 3 (a) DESTINEER AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SKYTEL SERVICES, THE SKYTEL NETWORK OR THE ANCILLARY SERVICES, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DESTINEER OR ITS AFFILIATES BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES, SIGNALS OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE SKYTEL SERVICES OR USE OF THE SKYTEL NETWORK, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DESTINEER AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBER, FOR INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS OR ANY OTHER FORM OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION, EVEN IF DESTINEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE.

  • Disclaimer of Responsibility for Certain Matters Neither the Trustee, any Conversion Agent nor any agent of either shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Price, or with respect to the Officer's Certificate referred to in Section 1704(j), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee, any Conversion Agent nor any agent of either shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock, or of any securities or property (including cash), which may at any time be issued or delivered upon the conversion of any Security, and neither the Trustee, any Conversion Agent nor any agent of either makes any representation with respect thereto. Neither the Trustee, any Conversion Agent nor any agent of either shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Common Stock or stock certificates or other securities or property (including cash) upon the surrender of any Security for the purpose of conversion or, subject to Sections 601 and 603, to comply with any of the covenants of the Company contained in this Article Seventeen.

  • Allocation of Liabilities The IMS Health Group shall assume all Liabilities relating to the participation of IMS Health Transferred Savings Plan Employees in the Corporation Savings Plan. The Corporation Group shall retain all other Liabilities relating to the Corporation Savings Plan.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Limitations of Sub-Adviser’s Responsibility Except as expressly set forth in this Agreement, the Sub-Adviser shall not be responsible for aspects of the Fund’s investment program other than the management of the Allocated Portion in accordance with the Strategy.

  • Allocation of Liability It is expressly understood and agreed that the Seller shall be liable to third parties for any and all obligations, claims, losses, damages, liabilities, and expenses to the extent arising out of events, contractual obligations, acts, or omissions of the Seller that occurred in connection with the ownership or operation of the Property during the period in which the Seller owned the Property prior to the Closing and the Purchaser shall be liable to third parties for any and all obligations, claims, losses, damages, liabilities and expenses to the extent arising out of events, contractual obligations, acts, or omissions of the Purchaser that occur in connection with the ownership or operation of the Property during the period in which the Purchaser owns the Property after the Closing. The provisions of this Section 12.1 shall survive the Closing.

  • Exclusion of Liabilities 21.6 Except in the case of gross negligence or wilful default, neither the Agent nor the Arranger accepts any responsibility:

  • Compensation and Limitation of Liability 14 Section 1.

  • Limitation of Responsibility Notwithstanding any other provisions ---------------------------- hereof, Committee Members shall be liable to the parties only for actions constituting bad faith, gross negligence or breach of an express provision of this Agreement (so long as such breach remains uncured after ten (10) days of receiving notice of the nature of such breach). In all other respects, Committee Members shall not be liable for negligence or mistakes of judgment.

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