Liability for Losses. Once I have requested and first used the Debit Card, except as expressly provided in this Agreement, I will be liable for all authorized and unauthorized uses of the Debit Card by any person up to my established withdrawal limit (including funds accessible through a line of credit or overdraft privilege), prior to the expiry or cancellation of the Debit Card. However, in the event of alteration of my Account balance due to technical problems, card issuer errors and system malfunctions, I will be liable only to the extent of any benefit I have received, and will be entitled to recover from the Credit Union any direct losses I may have suffered. I acknowledge that I will co-operate with my Credit Union in any investigation. I will not be held responsible for losses that occur due to circumstances beyond my control providing there was nothing that I reasonably could have done to prevent the losses. My Credit Union will not be liable to me for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to effect or authorize the use of the Debit Card for a Point-of-Sale transaction. I understand that I must not use my Debit Card, for any unlawful purpose, including the purchase of goods and services, prohibited by local law applicable in my jurisdiction.
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Liability for Losses. BCM shall not be liable for any losses incurred as the result of an action for infringement brought by a third party against LICENSEE as the result of LICENSEE’s exercise of any right granted under this Agreement. The decision to defend or not defend such third-party action for infringement shall be in LICENSEE’s sole discretion.
Liability for Losses. Except to the extent provided in Section 7.1, the Security Trustee in its individual capacity shall not be liable for any loss relating to an investment made in accordance with instructions received by it pursuant to this Section 10. The Borrower will promptly pay to the Security Trustee, on demand, the amount of any loss for which the Security Trustee is not liable realized as the result of any such investment (together with any fees, commissions and other expenses, if any, incurred in connection with such investment).
Liability for Losses. The Custodian will be liable for the Client's direct damages resulting from failure of the Custodian to meet its standard of care under this Section. In addition, the Custodian will be liable for the Client's direct damages resulting from the failure of any Subcustodian, Administrative Support Provider or their nominee to meet its standard of care under this Section; provided, however the liability of the Custodian for direct damages does not include any loss of Securities or Cash resulting solely by reason only of the liquidation or insolvency of any Subcustodian or Administrative Support Provider so long as the Custodian has met its standard of care provided in this Section. Under no circumstances will the Custodian be liable to the Client for special or punitive damages, or consequential loss or damage, or any lost profits, goodwill, business opportunity or business revenue in relation to this Agreement, whether or not the relevant loss was foreseeable, or that the Custodian, its delegates or its agent were advised of the possibility of such loss or damage.
Liability for Losses. Each Party shall be liable to the other Party for any Losses incurred by the other Party as a result of the first Party's non-performance of, non-compliance with or breach of its representations and warranties, covenants, undertakings or obligations under this Contract. Each Party's liability for Losses incurred by the other Party due to the first Party's ordinary negligence during any Contract Year shall be limited to an amount of EUR 2 Million (the "Liability Cap"). The Liability Cap shall not apply to a Party's liability (i) for Losses incurred by the other Party due to the first Party's gross negligence or wilful misconduct, (ii) for infringement of third party Intellectual Property Rights under Article 16, (iii) for breaches of representations and warranties under Article 13, (iv) for penalties under Article 14.3 and (v) under Article 14.4.
Liability for Losses. 14.1 If you are a Micro-enterprise or Charity, you must call us as soon as you notice an unauthorised payment has been taken from your account. We’ll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the Business Day after you tell us, unless any of the following apply:
Liability for Losses. BAYLOR shall not be liable for any losses incurred as the result of an action for infringement brought against BELLICUM as the result of BELLICUM’s exercise of any right granted under this Agreement. The decision to defend or not defend shall be in BELLICUM’s sole discretion.
Liability for Losses. 42. Neither LANDLORD nor TENANT shall be liable to the other for any loss or damage from risks ordinarily insured against under fire insurance policies with extended-coverage endorsements, irrespective of whether such loss or damage results from their negligence or that of any of their agents, servants, employees, licensees, or contractors to the extent that such losses are covered by valid and collectable insurance on the property at the time of loss.
Liability for Losses. For clarification, you will not be liable for Losses resulting You will be liable for the following losses: from circumstances beyond your control, such as: Losses from Authorized Use of Access Card or Losses resulting from unauthorized use of an Secret Code. You will be liable for all Losses Access Card and/or Secret Code which occurs which result from authorized use of any Access after you give notice to CIBC in accordance with Card or Secret Code in an ABM/Debit Terminal, paragraph 1(h) that the Secret Code used with including but not limited to, any entry errors or that Access Card has become or may have fraudulent or worthless deposits made by you. become known to another; Accordingly, if an Authorized User uses an Access Losses resulting from CIBC errors or system Card or Secret Code in an ABM/Debit Terminal malfunctions when a transaction has been (whether with or without your specific authorization accepted at an ABM/Debit Terminal in accordance in any particular instance) or if the Authorized User with the Authorized User’s instructions; or authorizes anyone else to use an Access Card or Secret Code in the ABM/Debit Terminal, you are Losses resulting from your unintentional responsible for all Losses. contribution to unauthorized use, as long as you cooperate with any consequent investigation. Losses from Intentional Contribution to Unauthorized Use of Access Card or Secret ii) Other Losses (applicable only if you have Full Function Code. You will also be liable for all Losses which Service). ). This paragraph 1 (i) (ii) applies to all losses result if you intentionally contribute to unauthorized which occur through the Service and which are not use of any Access Card or Secret Code. You will be covered by paragraph 1 (i) (i) above, (including through deemed to have intentionally contributed to automated banking machines) (collectively called unauthorized use if: "Other Losses"). You will be liable for all Other Losses which occur as a result of authorized or unauthorized You or an Authorized User discloses a Secret use of any Access Card and/or Secret Code or the Code to anyone, including by writing the Service. You will not be liable for Other Losses which Secret Code on your Access Card or keeping occur after you notify CIBC in accordance with a written record of it near an Access Card; paragraph 1(h) of the loss, theft or misuse of the
