Buyer’s Liability. Buyer shall be liable for all Liability related to workers’ compensation, disability and occupational diseases of or with respect to all of employees of Seller hired by Buyer attributable to injuries, claims, conditions, events and occurrences first occurring on or after the Closing Date.
Buyer’s Liability. Neither Buyer nor any assignee or designee of Buyer shall be personally or individually liable with respect to any obligations under this Agreement, all such personal liability and individual liability, if any, being hereby waived by Seller on its behalf and on behalf of all parties claiming by or through Seller.
Buyer’s Liability. In no event shall Buyer be liable for anticipated profits, interest, or penalties or incidental, consequential, punitive, exemplary or other damages or liabilities in connection with this Purchase Order, whether for breach of contract, late payment, property damage, personal injury or death or otherwise, beyond the sum set forth in Section 13 hereof, or, if not applicable, the price for Products accepted by Buyer.
Buyer’s Liability. No present or future partner, member, director, officer, shareholder, employee, advisor, affiliate or agent of or in Buyer or any affiliate of Buyer (“Buyer Parties”), shall have any personal liability, directly or indirectly, under or in connection with this Agreement or any agreement made or entered into under or in connection with the provisions of this Agreement, or any amendment or amendments to any of the foregoing made at any time or times, heretofore or hereafter, and Seller and their successors and assigns and, without limitation, all other persons and entities, shall look solely to Buyer and Buyer’s assets, respectively, for the payment of any claim or for any performance, and Seller hereby waives any and all such personal liability of such Buyer Parties. For purposes of this Section 6.11, no negative capital account or any contribution or payment obligation of any partner or member in Buyer shall constitute an asset of Buyer. The limitations of liability contained in this Section 5.11 shall survive the Closing or any earlier termination of this Agreement. <Signature Page Follows>
Buyer’s Liability. 23.1 Buyer’s sole liability under the Order (including its termination, expiration or cancellation) is to pay the Purchase Price for the Products in accordance with Section 5 and to pay the specific termination related amounts described in Sections 15.5 and 15.7.
Buyer’s Liability. 13.1 The Buyer shall not be liable for or in respect of any damages or compensation under the Fatal Accidents Ordinance (Cap. 22 of the laws of Hong Kong), the Employees’ Compensation Ordinance (Cap. 282 of the laws of Hong Kong), the Occupiers’ Liability Ordinance (Cap. 314 of the laws of Hong Kong) or at common law by or in consequence of any accident or injury to any xxxxxxx or other person whether in the employ of the Seller or in the performance of the Seller’s obligations under the Contract (save and except liability for death or personal injury resulting directly from negligence of the Buyer) and the Seller shall indemnify and keep indemnified the Buyer against all claims, demands, proceedings, costs, charges and expenses whatsoever in respect of or in relation thereto.
Buyer’s Liability. Notwithstanding anything to the contrary provided in this Agreement, it is specifically understood and agreed, such agreement being a primary consideration for the execution of this Agreement by Buyer, that (i) there shall be absolutely no personal liability on the part of Buyer, its successors or assigns and the trustees, members, partners, shareholders, officers, directors, employees and agents of Buyer and its successors and assigns, to Sellers with respect to any of the terms, covenants and conditions of this Agreement or the other Sale-Leaseback Documents, as applicable, (ii) Sellers waive all claims, demands and causes of action against the trustees, members, partners, shareholders, officers, directors, employees and agents of Buyer and its successors or assigns in the event of any breach by Buyer of any of the terms, covenants and conditions of this Agreement or the other Sale-Leaseback Documents, as applicable, to be performed by Buyer, and (iii) Sellers shall look solely to the Properties for the satisfaction of each and every remedy of Sellers in the event of any breach by Buyer of any of the terms, covenants and conditions of this Agreement or the other Sale-Leaseback Documents, as applicable, to be performed by Buyer, or any other matter in connection with this Agreement, the other Sale-Leaseback Documents or any of the Properties, such exculpation of liability to be absolute and without any exception whatsoever.
Buyer’s Liability. 14.5.1 Notwithstanding anything to the contrary contained in this Agreement, the Parties acknowledge and accept that the Buyer is an Intermediary Company to purchase and re-sell the electricity to the Buying Utility(ies) to enable them to fulfill the Renewable Purchase Obligations (RPO) and, therefore, the performance of the obligations of the Buyer under this Agreement shall be subject to the ability of the Buyer to enforce the corresponding obligations assumed by the Buying Utility(ies) on re-sale under the Power Sale Agreement to be entered into by the Buying Utility(ies) with SECI. It is however, specifically agreed that the payment of money becoming due from the SECI to the SPD under this Agreement for supply of Solar Power to the extent of the Contracted Capacity shall not be on a back to back basis. SECI shall discharge the tariff payment obligation in terms of the provision of this Agreement.
Buyer’s Liability. It is expressly understood and agreed that Buyer shall not be liable for, and does not assume, any obligations or liabilities of Seller of any kind or nature, other than (a) Seller's obligations to subscribers of the CATV Systems with respect to (i) subscriber deposits held by Seller (and for which Buyer receives credit) as of the Closing Date which are refundable, and (ii) subscriber advance payments held by Seller (and for which Buyer receives credit) as of the Closing Date for services to be rendered in connection with the operation of the CATV Systems subsequent to the Closing Date; and (b) obligations accruing after Closing under the Assumed Liabilities expressly assumed by Buyer pursuant to the terms of Section 4.1. Except as otherwise set forth herein, Buyer shall be under no obligation to, and shall not, assume any obligation, liability or indebtedness of Seller or the CATV Systems.
Buyer’s Liability. Buyer shall be liable to the Sellers, and Buyer shall pay to the Sellers on demand, (A) with respect to Purchased Loans (other than Additional Loans), for any excess of the price paid (or deemed paid) by Sellers for Replacement Loans therefor over the Repurchase Price for such Purchased Loans and (B) with respect to Additional Loans, for the price paid (or deemed paid) by Sellers for the Replacement Loans therefor. In addition, Buyer shall be liable to Sellers for interest on such remaining liability with respect to each such purchase (or deemed purchase) of Replacement Loans calculated on a 360-day year basis for the actual number of days during the period from and including the date of such purchase (or deemed purchase) until paid in full by Buyer. Such interest shall be at the greater of the Pricing Rate or the Prime Rate.
