Risk Assumption. As among the Borrowers, the Lenders, the Administrative Agent and the Issuing Banks, the Borrowers assume all risks of the acts and omissions of, or misuse of such Letter of Credit by, the beneficiary of any Letters of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the Letter of Credit applications and Letter of Credit reimbursement agreements executed by the Borrowers at the time of request for any Letter of Credit, neither the Administrative Agent, any Issuing Bank nor any Lender shall be responsible (in the absence of Gross Negligence or willful misconduct in connection therewith, as determined by the final judgment of a court of competent jurisdiction): (i) for the form, validity, sufficiency, accuracy, genuineness or legal effect of any document submitted by any party in connection with the application for and issuance of the Letters of Credit, even if it should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; (ii) for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; (iii) for failure of the beneficiary of a Letter of Credit to comply duly with conditions required in order to draw upon such Letter of Credit; (iv) for errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, telegraph, telex, or other similar form of teletransmission or otherwise; (v) for errors in interpretation of technical trade terms; (vi) for any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any Letter of Credit or of the proceeds thereof; (vii) for the misapplication by the beneficiary of a Letter of Credit of the proceeds of any drawing under such Letter of Credit; and (viii) for any consequences arising from causes beyond the control of the Administrative Agent, the Issuing Banks and the Lenders, including, without limitation, any Governmental Acts. None of the above shall affect, impair, or prevent the vesting of any Issuing Bank's rights or powers under this Section 3.10.
Risk Assumption. The capitation rates shall not include any amount for recoupment of any losses suffered by the contractor for risks assumed under this contract or any prior contract with the Department.
Risk Assumption. 1. For repurchase factoring business, factoring bank does not bear any risks such as any credit risk, commercial dispute risk and force majeure risk of the buyer. For factoring bank to provide financing to customers, the customer shall unconditionally bear the due repayment obligations of related financing principal and interest and expenses. The customer hereby confirms that whether or not the factoring bank transfers the accounts receivable again in accordance with the provisions of this Agreement, and in the case of the factoring bank having the accounts receivable, It does not affect the factoring bank’s counter-transfer of accounts receivable to the customer in accordance with the provisions of this Agreement.
Risk Assumption. Unless the order confirmation specifies otherwise, the delivery shall be agreed upon ex works. The goods are always being transported at the risk of the customer, even when the customer returns them. If dispatch sales was agreed upon, the risk shall pass on to the customer at the time the shipment is handed over to the person carrying out the transport or if it has left our plant to be shipped out. If the shipment is delayed at the request of the customer, the risk passes on to the customer as soon as customer has been apprised that shipment is ready for transport.
Risk Assumption. Upon the termination of this Agreement for any reason, the risk assumption by AHERF under the procedures described in Section 5 shall apply up to and including such date of termination. Upon the termination of this Agreement, AHERF and the Member Companies shall cooperate in good faith to cause an orderly wind up of the operations contemplated by this Agreement so as not to cause unnecessary disruption to Covered Individuals or AHERF Providers. Termination of this Agreement has no effect upon the rights, obligations or remedies at law or in equity of the parties under any other Agreement. Upon termination of this Agreement and subject to applicable law regarding confidentiality of medical records, each party shall for a period of seven (7) years from the date of termination provide the other party with full access to (and such other party shall be entitled to make and use computer-readable and hard copies of) all data and information of the first party relating to the Member Companies members developed during the term of this Agreement relating to (i) the performance by AHERF Providers under the UM/QA program and (ii) claims, utilization, case management, payment and outcome data with respect to each Covered Individual provided any Covered Services during the term of this Agreement. During the Continuation Period and thereafter, each party shall have the unrestricted ability to contact or otherwise have access to all such Covered Individuals provided the other party does not in any manner disparage the other party (or any AHERF Provider) or any products or services of such other party (or any AHERF Provider).
Risk Assumption. 1) Party B shall timely inform Party A of any injury or death of the entrusted cows. Party B shall indemnify Party A for any damages resulting from Party B’s negligence in feeding the cows;
Risk Assumption. Upon the effectiveness of this Agreement, Party B shall assume the risks and losses of the Company in proportion to its ownership of the Company stock.
Risk Assumption. You hereby acknowledge that you are using the Software Product and any provided information solely at your own risk. You, on behalf of yourself or as legal guardian, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, or other damages or xxxxx, whether to you or to third parties, which may result from your use of the Software Product and services.
Risk Assumption. As a material part of this Permit, Permittee does hereby assume all risk of damage or injury to persons (including children) or property from whatever cause (including vandalism and malicious mischief) arising out of any use of the dock or slip, or access thereto, or the use of the Lake by any person making use of Permittee's dock slip, whether with or without Permittee's consent, and expressly agrees that Lakeshore [including its representatives] shall not be liable for any such damage or injury, except caused by the active negligence or willful misconduct of Lakeshore [including its representatives acting within the course and scope of such employment].
Risk Assumption. You acknowledge that being a host carries inherent risks, and you agree that you assume all risks arising from your access to and use of the MiamiXperience Platform, the Host Services offering, or any interactions you have with other Members, whether in person or online. You agree that you have had the opportunity to inform yourself about the MiamiXperience Platform and any law, regulation, rule or obligation that may apply to your Listings or Host Services and that you are not relying on any statement of law or law made by MiamiXperience to do so. / Xxxx Group USA LLC Cancellations, Travel Setbacks and Reservation Modifications .
