SCOPE OF DUTY. The Standby Account Bank undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor LP Accounts with the degree of skill and care that the Standby Account Bank accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties agree that the Standby Account Bank shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except for its or their own gross negligence or willful misconduct. In no event shall the Standby Account Bank be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities or other causes beyond the Standby Account Bank's control or for indirect or consequential damages, or (ii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.
SCOPE OF DUTY. The claims, damages, suits, actions, liabilities, and expenses encompassed by Licensee's duty to indemnify, defend, and hold harmless under this section shall include without limitation civil and criminal fines or penalties, natural resource damages, response costs, health study costs, and remediation costs imposed by a governmental agency or as the result of a citizen's suit brought under a federal, state, or local environmental law.
SCOPE OF DUTY. The Standby GIC Provider undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts with the degree of skill and care that the Standby GIC Provider accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties agree that the Standby GIC Provider shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except for any breach of this Agreement, its or their own gross negligence or willful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-appealable decision. In no event shall the Standby GIC Provider be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities or other causes beyond the Standby GIC Provider’s control or for indirect or consequential damages, or (ii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.
SCOPE OF DUTY. The Standby Account Bank undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts with the degree of skill and care that the Standby Account Bank accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties hereto agree that the Standby Account Bank shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except, subject to Section 5.1, breach of this Agreement, for its or their own gross negligence or willful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-appealable decision. In no event shall the Standby Account Bank be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities or other causes beyond the Standby Account Bank’s control or for indirect or consequential damages, or (ii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.
SCOPE OF DUTY. The Standby Account Bank undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts with the degree of skill and care that the Standby Account Bank accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties agree that the Standby Account Bank shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except, subject to Section 5.1, for its or their own gross negligence or willful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-appealable decision. In no event shall the Standby Account Bank be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities or other causes beyond the Standby Account Bank’s control or for indirect or consequential damages, or (ii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.
SCOPE OF DUTY. Pursuant to the terms of this Agreement, Brand Owner is retaining ABC to provide certain services, including but not limited to engaging a contract manufacturer to produce the Product(s) and appointing wholesale distributors to sell the Product(s). Brand Owner recognizes and agrees that ABC is not responsible for, and has no duty to indemnify Brand Owner against losses or damages caused by, the acts, errors or omissions of third parties engaged pursuant to this Agreement, including but not limited to co-packers, breweries, host brewers, wineries, host vintners, distilleries, host distillers, suppliers, and distributors (each a “Third Party”). In the event that a Third Party’s acts, errors or omissions result in damages or losses to Brand Owner, including but not limited to the destruction of raw materials or finished goods and the financial liability associated with such destruction, ABC must provide Brand Owner, at Brand Owner’s sole cost and expense, with such reasonable cooperation as Brand Owner may request in connection with Brand Owner’s assertion of a claim or claims against such Third Party. Any cooperation or assistance provided by ABC to Brand Owner pursuant to the immediately preceding sentence shall constitute a consulting service provided by ABC and shall be subject to the fees set forth in Exhibit A. In connection with Brand Owner’s assertion of a claim against a Third Party, Brand Owner may request that ABC assign its rights, if any, to assert such claim against such Third Party to Brand Owner, which request ABC shall not unreasonably reject.
SCOPE OF DUTY. The parties will share with each other all relevant information, data and records available with respect to the Project and the Company. Each Shareholder and the Company shall hold and shall cause its Affiliates and subsidiaries and their respective officers, directors, employees, agents, auditors and financial and legal advisors (the "Representatives") to hold in strict confidence all Confidential Information. Each Shareholder and the Company shall not use and shall cause its Representatives not to use any Confidential Information other than in connection with the business of the Company. Each Shareholder and the Company shall not disclose and shall cause its Representatives not to disclose any Confidential Information to any other person or entity, except:
SCOPE OF DUTY. The Standby Account Depository Institution undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts with the degree of skill and care that the Standby Account Depository Institution accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties hereto agree that the Standby Account Depository Institution shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except, subject to Section 5.1, for its or their own gross negligence or wilful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-appealable decision. In no event shall the Standby Account Depository Institution be liable for (i) losses or delays resulting from force majeure or other causes beyond the Standby Account Depository Institution’s control, including, without limitation, to the extent beyond the Standby Account Depository Institution’s control, computer malfunctions or interruption of communication facilities, or (ii) for indirect or consequential damages, or (iii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.
SCOPE OF DUTY. Buyer and Seller acknowledge the following regarding brokers in this transaction; a) brokers do not decide 416 what price buyers should pay or sellers should accept, b) brokers do not guarantee the condition of the Property, c) brokers 417 do not guarantee the accuracy or completeness of inspections, services, products, or repairs provided or made by sellers or 418 anyone else, d) brokers are not responsible for identifying defects that are unknown to brokers, e) brokers are not 419 responsible for reviewing public records or permits concerning title or use of the Property, f) brokers are not responsible 420 for identifying boundary lines or other items affecting title, g) brokers are not responsible for verifying square footage, 421 representations of others, or information contained in due diligence related reports, disclosures, advertisements, offering 422 memorandums, flyers, or other promotional materials, h) brokers are not responsible for providing legal or tax advice, and
SCOPE OF DUTY. As Chairman of Asia Web Holdings, Inc., TS shall,
