Reliance on Records. In any controversy, claim, demand, suit at law or other proceeding between any Employer, Beneficiary or any other person and the Trustees, the Trustees shall be entitled to rely to the extent permitted by the Act, upon any facts appearing in the records of the Trustees, any instruments on file with the Trustees, with the Union or with the Employers, any facts certified to the Trustees by the Union or the Employers, and any facts which are of public record and any other evidence pertinent to the issue involved.
Reliance on Records. Each M&O Covered Person may rely, and shall incur no Liability in acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, bond, debenture, paper, document, signature or writing reasonably believed by it to be genuine, and may rely on a certificate signed by an officer, agent or representative of any Person in order to ascertain any fact with respect to such Person or within such Person’s knowledge, in each case unless there has been a final and non-appealable judgment entered by a court of competent jurisdiction determining that such M&O Covered Person engaged in fraud, willful misconduct or other breach of fiduciary duties or, in the case of a criminal matter, acted with knowledge that such M&O Covered Person’s conduct was unlawful.
Reliance on Records. Each Member Covered Person may rely, and shall incur no Liability in acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, bond, debenture, paper, document, signature or writing reasonably believed by it to be genuine, and may rely on a certificate signed by an officer, agent or representative of any Person in order to ascertain any fact with respect to such Person or within such Person’s knowledge, in each case unless there has been a final and non-appealable judgment entered by a court of competent jurisdiction determining that, in respect of such reliance, action or inaction, such Member Covered Person engaged in fraud, willful misconduct or a bad faith violation of the contractual covenant of good faith and fair dealing or, in the case of a criminal matter, acted with knowledge that such Member Covered Person’s conduct was unlawful.
Reliance on Records. The Administrative Committee may rely upon the records of a Controlled Group Member or upon any certificate, statement or other representation made to it by an Employee, a Member, a Beneficiary, a Controlled Group Member, an auditor or the Trustee concerning any fact required to be determined under any of the provisions of the Plan and shall not be required to make inquiry into the propriety of any action by an Employer, an auditor or the Trustee.
Reliance on Records. In any controversy, claim, demand, suit at law or other proceeding between any Employer, Employee or any other person and the Trustees of the National Elevator Industry Educational Program, the Trustees shall be entitled to rely upon any facts appearing in the records of the Trustees, any instruments on file with the Trustees, with NEII, the Union or with the Employers, any facts certified to the Trustees by NEII, the Union or the Employers, and any facts which are of public record and any other evidence pertinent to the issue involved.
Reliance on Records. In performing Services, Contractor and its staff and Contractors may rely, without further diligence, inquiry or investigation, on the patient chart and other written or oral information provided by Company directly or by providers or practices on Company's behalf. Contractor shall not be liable or responsible for any errors, omissions, illegible text or false or misleading statements contained in patient charts and information provided (collectively, "Company Errors"). Contractor shall not be liable or responsible for any errors or omissions in any Contractor analysis, recommendations or report that utilized information containing Company Errors. Adherence to Applicable Laws. Contractor and its staff and Contractors shall adhere to all applicable laws, rules and regulations related to the Services and shall be authorized to rely on their understanding of existing coding rules, guidelines and conventions then known and in effect at the time of each coding assignment. However, the Parties acknowledge and agree that medical coding is subject to differing interpretations and opinions among payors and Coders, and such interpretations and opinions may also change over time. Contractor shall not be liable or responsible for a difference of coding opinion or interpretation between it and any other Party, nor for any change of interpretation or opinion not known to Contractor at the time of the coding assignment. In no event shall Contractor be responsible for any payor coding determination if Company fails to timely challenge or appeal such determination, or settles such determination without Contractor ' input or participation.
Reliance on Records. DFP and the Managing Member will be entitled to consider the owner of any Membership Unit in DFP as set forth in the books and records of DFP as the absolute owner thereof for all purposes. Neither DFP nor the Managing Member will incur any liability for distributions of cash or other property made in good faith to the owner of a Membership Unit in DFP until such time as a written assignment of such Membership Unit has been received and accepted by the Managing Member and recorded on the books of DFP. In the event of an assignment by a Member, allocations between the assignor and assignee of deductions, credits and income of DFP for United States federal, state and local income tax purposes shall be based on the portion of the Fiscal Year during which the assignor and assignee each owned such Membership Unit, unless the Managing Member determines to close the books on the date of such assignment.
Reliance on Records. No Manager, employee or agent of the Company ("Company Person") shall be liable for any loss or damage if, in taking or omitting to take any action causing such loss or damage, either (1) such Company Person acted (A) in good faith, (B) with the care an ordinarily prudent person in a like position would have exercised under similar circumstances, and (C) ma manner such Company Person reasonably believed was in the best interests of the Company, or (2) such Company Person's breach of or failure to act in accordance with the standards of conduct set forth above (the "Standards of Conduct") did not constitute willful misconduct or recklessness. Any Company Person shall be full protected, and shall be deemed to have complied with the Standards of Conduct, in relying in good faith, with respect to any information contained therein, upon (1) the Company Records, or (2) information. opinions, reports or statements (including financial statements and other financial data) prepared or presented by (A) one or more other Company Persons whom such Company Person reasonably believes to be competent in the matters presented, (B) legal counsel, public accountants or other persons as to matters that such Company Person reasonably believes are within such person's professional or expert competence.
Reliance on Records. In connection with any controversy, claim, demand, lawsuit or other proceeding between the Union, an Employer, an Employee, a Beneficiary or any other person and the Trustees, the Trustees are entitled to rely, to the extent permitted by ERISA, on any facts that appear in the records of the Trustees; any documents on file with the Trustees, the Employers or with the Union; any facts certified to the Trustees by Xxxx, other Employers or the IUEC; any facts which are in the public record; and any other evidence pertinent to the issues involved.
Reliance on Records. Distributions will be made only to the Persons who, according to the books and records of the Company, are the holders of record of the Ownership Interests in the Company, or the holders of record of the Ownership Interests in respect of which such distributions are made on the actual date of distribution. None of the Company, any Member, Manager or officer of the Company shall incur any liability for making distributions in accordance with the provisions of the preceding sentence, whether or not the Company, Member, Manager or officer of the Company has knowledge or notice of any transfer or purported transfer of any Ownership Interest in the Company which has not been approved by the Managers.
