LIABILITIES IN RESPECT OF THIS AGREEMENT Clause Samples

LIABILITIES IN RESPECT OF THIS AGREEMENT. 11.1 All losses, claims, expenses, actions, demands, costs and liability incurred in relation to this Agreement shall be shared by the Authorities on such terms as may be agreed from time to time between the Authorities, based on an apportionment which is proportionate to use of the Service. 11.2 Each and every Authority shall (and hereby undertakes with every other Authority to) indemnify each of the other Authorities against and/or contribute to and pay a share of all or any liabilities claims costs and/or expenses of or incurred by that Authority arising out of or in connection with or in the course of or as a result of it being a party to this Agreement and fulfilling its obligations under this Agreement with the intent that the Authority being indemnified and the other Authorities shall be jointly liable for all such liability to claims costs and/or expenses. PROVIDED THAT such indemnity on the part of the Authorities shall not extend to liabilities or claims arising or costs and/or expenses incurred by reason or in consequence of any of the following on the part of the Authorities seeking to be indemnified that is to say; a) breach by the Authority of its obligations under this Agreement, b) gross negligence, gross misconduct, persistent breach of Law or duty (this is to say persisted in after the same shall have been brought to the attention of the relevant Authority) c) any act or omission known to the relevant Authority to be contrary to proper accounting or local government practice or local government Law or d) any substantial or persistent failure (after reasonable notice) to redress performance of the duties of the relevant Authority which shall not comply with the requirements or the standards set by this Agreement. 11.3 The amount due from each Authority in respect of each financial year as a result of the indemnity given in clause 12.2 shall be included in the annual account supplied by the Host Authority to the parties in accordance with clause 13.8. 11.4 The parties reserve the right to recover from any party to this Agreement, the cost of any liabilities which have been caused by that party and which are discovered after that party withdraws from this Agreement or this Agreement is determined. 11.5 Any costs arising as a result of legislative change shall be shared equally between the parties. 11.6 For the avoidance of doubt, the indemnity given by the parties to this Agreement shall include matters relating to the employment and transfe...
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LIABILITIES IN RESPECT OF THIS AGREEMENT. 9.1 All losses, claims, expenses, actions, demands, costs and liability incurred in relation to this Agreement shall be shared by the Authorities on such terms as may be agreed from time to time between the Authorities. In the absence of any such agreement, such amounts shall be shared equally between the Authorities. 9.2 Any costs arising as a result of legislative change shall be shared between the Authorities on such terms as may be agreed from time to time between the Authorities. In the absence of any such agreement, such amounts shall be shared equally between the Authorities. 9.3 Each Authority shall at all times take all reasonable steps within its powers to minimise and mitigate any loss for which it is seeking re-imbursement from any of the other Authorities. 9.4 This clause 9 shall survive the expiry or determination of this Agreement.
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Related to LIABILITIES IN RESPECT OF THIS AGREEMENT

  • Effect of this Agreement Subject to the Corporation’s right to terminate the Option pursuant to Section 7.4 of the Plan, this Option Agreement shall be assumed by, be binding upon and inure to the benefit of any successor or successors to the Corporation.

  • Amendments of this Agreement This Agreement may be amended by the parties only if such amendment is specifically approved by (i) the Directors/Trustees of a Fund, or by the vote of a majority of outstanding voting securities of a Fund, and (ii) a majority of those Directors/Trustees of a Fund who are not parties to this Agreement or interested persons of any such party and who have no direct or indirect financial interest in this Agreement or in any Agreement related to the Fund's Rule 12b-1 Plan, cast in person at a meeting called for the purpose of voting on such approval.

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

  • Applicability of this Agreement This Agreement shall apply to investments made in the territory of one of the Contracting Parties in accordance with its laws and regulations by investors of the other Contracting Party prior to as well as after the entry into force of this Agreement, but shall not apply to any dispute or claim concerning an investment which arose, or which was settled before its entry into force.

  • Enforcement of this Agreement The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.