NON-WAIVER OF LIABILITY Sample Clauses

NON-WAIVER OF LIABILITY. The City, as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, Consultant agrees that it will not insist upon, demand, or be entitled to any statement whereby the City agrees to limit in advance or waive any right the City might have to recover lawful damages.
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NON-WAIVER OF LIABILITY. City as a public entity supported by public funds, may not waive any lawful or legitimate right to recover monies lawfully due. DTC acknowledges and agrees that it shall not demand any limitation on the part of City to limit or waive any right City may have in law or in equity, to recover damages in any applicable jurisdiction.
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NON-WAIVER OF LIABILITY. No agreement between any of the Undersigned shall be binding upon or have any effect upon the Undersigned(s)' liability to Company and/or [G&G]. If there are two or more of the Undersigned, [G&G] or Company may, by written instrument, release one or more of them without the consent of any of the other Undersigned, and this Bond Agreement shall still be binding on the Undersigned who are not so released. If for any reason any Undersigned is not bound by this Bond Agreement, or is released from liability under this Bond Agreement, this Bond Agreement shall be binding upon any and all other Undersigned.
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NON-WAIVER OF LIABILITY. No agreement between any of the Undersigned shall be binding upon or have any effect upon the Undersigned(s)' liability to Company and/or Producer. If there are two or more of the Undersigned, Producer or Company may, by written instrument, release one or more of them without the consent of any of the other Undersigned, and this Bond Agreement shall still be binding on the Undersigned who are not so released. If for any reason any Undersigned is not bound by this Bond Agreement, or is released from liability under this Bond Agreement, this Bond Agreement shall be binding upon any and all other Undersigned.
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NON-WAIVER OF LIABILITY. The Ground Lessor as a public entity supported by public funds, may not waive any lawful or legitimate right to recover monies lawfully due. In the event the Bank is the Purchaser by virtue of a Foreclosure Transfer, for the period of time that the Bank has ownership of the Lessee’s Rights, the Bank acknowledges and agrees that, except as otherwise set forth herein, thereafter it shall not demand any limitation on the part of the Ground Lessor to limit or waive any right the Ground Lessor may have in law or in equity, to recover damages in any applicable jurisdiction.
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NON-WAIVER OF LIABILITY. The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
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NON-WAIVER OF LIABILITY. City as a public entity supported by public funds, may not waive any lawful or legitimate right to recover monies lawfully due. The Foundation acknowledges and agrees that it shall not demand any limitation on the part of City to limit or waive any right City may have in law or in equity, to recover damages in any applicable jurisdiction.
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NON-WAIVER OF LIABILITY. ATN shall not agree to waive any lawful or legitimate right to recover 28 monetary funds lawfully due it. Therefore, Contractor agrees that it will not insist upon or 29 demand any statement whereby the ATN agrees to limit in advance or waive any right the ATN 30 might have to recover actual lawful damages in any court of law under applicable California law.
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NON-WAIVER OF LIABILITY. Phoenix, as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, subject to Sections 18.02 and 18.03, Developer agrees that it will not insist upon or demand any statement, terms or conditions whereby Phoenix agrees to limit in advance or waive any right it might have to recover actual lawful damages in any court of law under applicable State law.
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Related to NON-WAIVER OF LIABILITY

  • Waiver of Liability Seller hereby waives, acquits, and forever releases, and agrees to defend and hold harmless, the Agency, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any photos or videos generated from the Photographic Services or their distribution.

  • Disclaimer of Liability NASA is not restricted in, or liable for, the use, disclosure, or reproduction of Data without a restrictive notice or for Data Partner gives, or is required to give, the U.S. Government without restriction.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.

  • Ratification of Liability Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.

  • Scope of Liability Neither the Servicer or any subservicer appointed by it, nor any of their respective partners, directors, officers, employees or agents, or its delegees pursuant to Section 11.2.1 hereof, shall be under any liability to the Master Servicer, the Trustee or, if applicable, the Trust Administrator for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Servicer, any subservicer or any of their respective partners, directors, officers, employees or agents, or its delegees pursuant to Section 11.2.1 hereof, against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of his or its duties or by reason of reckless disregard of his or its obligations and duties hereunder. The Servicer, any subservicer and any of their respective partners, directors, officers, employees or agents, or its delegees pursuant to Section 11.2.1 hereof, may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

  • Exculpation of Liability Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume any of any Borrower’s obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Borrower of any of the terms and conditions thereof.

  • Release of Liability Any one or more parties liable upon or in respect of this Agreement may be released without affecting the liability of any party not so released.

  • Non-Admission of Liability The parties understand and agree that neither the payment of any sum of money nor the execution of this Agreement by the parties will constitute or be construed as an admission of any wrongdoing or liability whatsoever by any party.

  • Exclusion of liability All statements made in the Proclamation of Sale and Conditions of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee/Bank, the Solicitors and Auctioneers or either of them. No such statement may be relied upon as a statement or representation of fact. All bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements and neither the Assignee/Bank, the Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property.

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