Restriction on Liability. No Issuing Bank nor any bank which is a confirming bank or an advising bank with respect to any Letter of Credit (in this section called a "correspondent") shall be responsible for (a) the use which may be made of any Letter of Credit or for any acts or omissions of the users of any Letter of Credit; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such documents should in fact prove to be in any or all respects invalid, fraudulent or forged; (d) except as specifically required by any Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or surrender or takeup any Letter of Credit; or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless or otherwise. No Issuing Bank shall be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents or any refusal by an Issuing Bank or any of the correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced or for any matter beyond the control of an Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers
Restriction on Liability. No Issuing Bank nor any bank which is a confirming bank or an advising bank with respect to any Letter of Credit (in this section called a "CORRESPONDENT") shall be responsible for (a) the use which may be made of any Letter of Credit or for any acts or omissions of the users of any Letter of Credit; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such documents should in fact prove to be in any or all respects invalid, fraudulent or forged; (d) except as specifically required by any Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or surrender or takeup any Letter of Credit; or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless or otherwise. No Issuing Bank shall be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents or any refusal by an Issuing Bank or any of the correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced or for any matter beyond the control of an Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Banks and Lenders under this Agreement, or the obligation of Borrower to make reimbursement. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth Borrower agrees that any action, not contrary to the terms of any Letter of Credit issued on its behalf, which is taken or omitted to be taken by any Issuing Bank or any Lender or by any correspondent under or in connection with any Letter of Credit shall be binding on Borrower and shall not put any Issuing Bank or any Lender or any correspondent under any resulting liability to Borrower unless grossly negligent or in breach of good faith.
Restriction on Liability. 28 Section 2A.7 No Duty to Inquire . . . . . . . . . . . . . . . . . . 29 Section 2A.8 Payment of LC Obligations . . . . . . . . . . . . . . . 29 ARTICLE III - Conditions Precedent to Lending . . . . . . . . . . . . . . . 32 Section 3.1. Documents to be Delivered . . . . . . . . . . . . . . . 32 Section 3.2. Additional Conditions Precedent . . . . . . . . . . . . 33
Restriction on Liability. The users of each Letter of Credit shall be deemed the agents of Borrower and neither Issuing Bank, nor its correspondents shall be responsible for:
Restriction on Liability. 57 SHARE PURCHASE AGREEMENT ------------------------ THIS AGREEMENT made the 18th day of February, 1997, X X X X X X X: IMPARK INVESTMENTS INC., a corporation existing under the laws of the Province of Ontario, (hereinafter referred to as "Investco"), OF THE FIRST PART, - and - THE PERSONS LISTED ON SCHEDULE 1 HERETO WHO HEREAFTER BECOME VENDORS HEREUNDER, OF THE SECOND PART, FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS, a business trust existing under the laws of the State of Ohio, (hereinafter referred to as the "Purchaser"), OF THE THIRD PART. THIS AGREEMENT WITNESSES THAT in consideration of the respective covenants, agreements, representations, warranties and indemnities of the parties hereinafter contained and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each party), the parties hereby agree as follows:
Restriction on Liability. Notwithstanding anything herein to the contrary contained, this Agreement is made and executed on behalf of the Purchaser, a business trust organized under the laws of the State of Ohio, by its officers on behalf of the trustees thereof, and none of the trustees or any additional or successor trustee hereafter appointed, or any beneficiary, officer, employee or agent of the Purchaser shall have any liability in his personal or individual capacity but instead, all parties shall look solely to the property and assets of the Purchaser for satisfaction of claims of any nature arising under or in connection with this Agreement.
Restriction on Liability. 26 Section 2A.6. No Duty to Inquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 2A.7. Letter of Credit Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 2A.8. Acceleration of LC Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 2A.9. Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 2A.10 Increased Costs for Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE III - Conditions Precedent to Lending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 3.1. Documents to be Delivered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 3.2. Additional Conditions Precedent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 -i- 3
Restriction on Liability. ECL accepts no liability for any direct or indirect loss suffered by you or the Trustee in the event that an investment is not a per- mitted investment and shall have no responsibility for redressing any breach of the terms of the Scheme, as may have been set by HMRC or any other relevant tax authority. You must ensure that there are sufficient funds within the SSAS account to meet any obligations arising from any investment.
Restriction on Liability. Notwithstanding any other clause in this Agreement, the Purchaser acknowledge and recognise that the liability of IIUM whether direct, indirect or consequential to this transaction arising from the outright sales of the Product shall be restricted and limited to any breach of IIUM obligations and for the direct lost suffered by the Purchaser for the breach of the clauses mentioned earlier.
Restriction on Liability a. The Property Manager shall take due care in the performance of their contractual obligations but does not assume any liability arising from any default by any tenant in the payment of rent including any charges, fines or any claims arising from damages caused to the property by tenants or occupiers of the property.
