RISK OF LOSS; LIMITATION OF LIABILITY. 40 9.1 Risk of Loss 40 9.2 Limitation of Liability 41 ARTICLE 10 41 INDEMNIFICATION 41 10.1 Indemnification 41 ARTICLE 11 43 DISPUTE RESOLUTION 43 11.1 Informal Dispute Resolution 43 11.2 Binding Arbitration… 43 11.3 Recourse to Agencies or Courts of Competent Jurisdiction 44 ARTICLE 12 44 MISCELLANEOUS PROVISIONS 44 12.1 Assignment 44 12.2 Notices 45 12.3 General 46 12.4 Governing Law 47 12.5 Standard of Review 47 12.6 PJM Agreement Modifications 47 12.7 Confidentiality 48 12.8 Taxes 49 12.9 Record Retention 49 12.10 Rules as to Usage 50
RISK OF LOSS; LIMITATION OF LIABILITY. 81.1 You are solely responsible for deciding whether or not to access and/or use our Online Trading Facility, as well as whether or not to enter into or execute any Transaction and/or Contract. You realize and agree that our Online Trading Facility is not and will not be the primary foundation for any of your Account investment choices. You are solely responsible for any investment or trading decisions you make with respect to products identified on our Online Trading Facility, and neither we nor our directors, officers, shareholders, partners, members, employees, agents, service providers, legal representatives, and/or Affiliates (collectively, "Associates") are responsible for determining whether any Transaction or Contract you enter into is suitable, appropriate, or advisable. By offering our Online Trading Facility, neither we nor our Associates are or will be acting as an advisor or fiduciary for you or any Authorized Person.
RISK OF LOSS; LIMITATION OF LIABILITY. IDX SUBSCRIBER shall be responsible for all risk of loss associated with IDX SUBSCRIBER’S Web Site. REALTORS® Association of New Mexico and the New Mexico MLS shall not be held liable for any damages resulting from IDX SUBSCRIBER’S use of the IDX Database or IDX SUBSCRIBER’S Web Site. REALTORS® Association of New Mexico and the New Mexico MLS shall not be responsible for any operational, technical, managerial, day-to-day control, or other matters concerning the operation of the IDX SUBSCRIBER’S Web Site.
RISK OF LOSS; LIMITATION OF LIABILITY. Notwithstanding anything ------------------------------------- herein to the contrary, each party shall bear the risk of loss of or damage to the respective personal property during the term of each Site Agreement except to the extent caused by the negligence or willful misconduct of the other party. Neither party shall be liable for any damage to the other party's personal property except to the extent caused by a party's negligence or willful misconduct. Notwithstanding anything herein to the contrary, the parties shall not be liable for any consequential or incidental damages incurred by the other party due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, hail, fire or storms) or any other damage resulting from any reason. In the event the Tower or other portions of the Site are destroyed or so damaged as to be unusable, BellSouth or User shall be entitled to elect to cancel and terminate the Site Agreement, or in the alternative may elect to restore the Site, in which case User and BellSouth shall remain bound hereby but shall be entitled to an abatement of rent during the loss of use, if the User or BellSouth has not elected to cancel the Site Agreement. In no event shall the leasehold or other interest created by the Site Agreement be specifically enforceable and in no event shall either BellSouth or User be responsible to any party for consequential damages, lost business opportunities, profits or market share.
RISK OF LOSS; LIMITATION OF LIABILITY. 39 9.1 Risk of Loss 39 9.2 Limitation of Liability 40 ARTICLE 10 40 INDEMNIFICATION 40 10.1 Indemnification 40 ARTICLE 11 42 DISPUTE RESOLUTION 42 11.1 Informal Dispute Resolution 42 11.2 Formal Dispute Resolution 42 11.3 Recourse to Agencies or Courts of Competent Jurisdiction 42 ARTICLE 12 43 MISCELLANEOUS PROVISIONS 43 12.1 Assignment 43 12.2 Notices 43 12.3 General 44 12.4 Governing Law 45 12.5 Standard of Review 45 12.6 PJM Agreement Modifications 45 12.7 Confidentiality 46 12.8 Taxes 46 12.9 Record Retention 47 12.10 Rules as to Usage 48 12.11 Counterparts 48 MASTER STANDARD SERVICE OFFER (“SSO”) SUPPLY AGREEMENT This Master Standard Service Offer (“SSO”) Supply Agreement (“Agreement”), dated as of September 24, 2021 (“Effective Date”), is by and between Duke Energy Ohio, Inc., an Ohio corporation with offices at 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx (“Duke Energy Ohio”) and each of the suppliers listed on Attachment A severally, but not jointly, (each an “SSO Supplier” and collectively “SSO Suppliers”). Duke Energy Ohio and each SSO Supplier are hereinafter referred to individually as a “Party” or collectively as the “Parties”).
RISK OF LOSS; LIMITATION OF LIABILITY. Title and risk of loss with respect to the SSO Supply shall pass from each SSO Supplier to Duke Energy Ohio when the SSO Supply is delivered to the Delivery Point. As between the Parties, each SSO Supplier shall be deemed to be in exclusive control and possession of the SSO Supply prior to and at the Delivery Point, and Duke Energy Ohio shall be deemed to be in exclusive control and possession of the SSO Supply from the Delivery Point. Each SSO Supplier warrants that it will deliver the SSO Supply to Duke Energy Ohio at the Delivery Point free and clear of all liens, claims and encumbrances arising or attaching prior to the Delivery Point.
RISK OF LOSS; LIMITATION OF LIABILITY. 39 9.1 Risk of Loss 39 9.2 Limitation of Liability 39 ARTICLE 10 40 INDEMNIFICATION 40 10.1 Indemnification 40 ARTICLE 11 41 DISPUTE RESOLUTION 41 11.1 Informal Dispute Resolution 41 11.2 Venue 42 11.3 Recourse to Agencies or Courts of Competent Jurisdiction 42 ARTICLE 12 42 MISCELLANEOUS PROVISIONS 42 12.1 Assignment 42 12.2 Notices 43 12.3 General 44 12.4 Governing Law 45 12.5 Standard of Review 45 12.6 PJM Agreement Modifications 45 12.7 Confidentiality 46 12.8 Taxes 47 12.9 Record Retention 47 12.10 Rules as to Usage 48 12.11 Counterparts 49 MASTER XXXX SUPPLY AGREEMENT This Master XXXX Supply Agreement (“Agreement”), dated as of , 20 (“Effective Date”), is by and between Ohio Power Company, an Ohio corporation with offices at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx (“AEP Ohio”) and the supplier listed on Attachment A (the “XXXX Supplier”). AEP Ohio and the XXXX Supplier are hereinafter referred to individually as a “Party” or collectively as the “Parties”).
RISK OF LOSS; LIMITATION OF LIABILITY. All Transactions effected for the Customer’s Account and all fluctuations in the market prices of the Transactions carried in the Customer’s Account are solely at the Customer’s risk, and the Customer shall be solely liable therefore under all circumstances. The Customer represents and warrants that the Customer is willing and financially able to sustain such losses.
RISK OF LOSS; LIMITATION OF LIABILITY. Title and risk of loss with respect to the XXXX Supply shall pass from the XXXX Supplier to AEP Ohio when the XXXX Supply is delivered to the Delivery Point. As between the Parties, the XXXX Supplier shall be deemed to be in exclusive control and possession of the XXXX Supply prior to and at the Delivery Point, and AEP Ohio shall be deemed to be in exclusive control and possession of the XXXX Supply from the Delivery Point. the XXXX Supplier warrants that it will deliver the XXXX Supply to AEP Ohio at the Delivery Point free and clear of all liens, claims and encumbrances arising or attaching prior to the Delivery Point.
RISK OF LOSS; LIMITATION OF LIABILITY. Title and risk of loss with respect to the XXXX Supply shall pass from the XXXX Supplier to Duke Energy Ohio when the XXXX Supply is delivered to the Delivery Point. As between the Parties, the XXXX Supplier shall be deemed to be in exclusive control and possession of the XXXX Supply prior to and at the Delivery Point, and Duke Energy Ohio shall be deemed to be in exclusive control and possession of the XXXX Supply from the Delivery Point. The XXXX Supplier warrants that it will deliver the XXXX Supply to Duke Energy Ohio at the Delivery Point free and clear of all liens, claims and encumbrances arising or attaching prior to the Delivery Point.
