Liability for Shortfall Sample Clauses

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Liability for Shortfall. (a) Subject always to clauses 25.1(b), 25.1(d), and 25.8, CBH will be responsible and liable for any shortfall if it cannot Outturn the Customer’s Grain Entitlement for the relevant Grade and season of grain. (b) CBH’s liability for a shortfall in Grain Entitlement pursuant to clause 25.1(a) will only extend: (i) (in the case of a shortfall in quantity), at the election of CBH, to either the: A. provision of sufficient grain of the same type, variety and Grade from any Site to ensure the Customer’s Grain Entitlement is not diminished; or B. provision of financial compensation for the value of the Grain shortfall to be determined at the Fair Market Price for such Grain; (ii) (in the case of shortfall in Grade): A. if the Grain has not been Outturned, at the election of CBH, to either: I offer the Customer lower Grade grain together with the provision of financial compensation for the difference in Fair Market Price between the relevant lower Grade grain and the equivalent Grade grain to which the Customer was entitled ; or II the provision of financial compensation for the value of the Grain shortfall to be determined at the Fair Market Price for such Grain; B. subject to clause 25.1(c), if the Grain has been Outturned, at the election of CBH, to either the: I replacement of the relevant Outturned grain with grain of the same type, variety and Grade to the Customer’s Grain Entitlement; or II provision of financial compensation for the difference in Fair Market Price between the relevant Outturned grain and the equivalent Grade grain to which the Customer was entitled; or (iii) For the avoidance of doubt, there is no shortfall in the Customer’s Grain Entitlement if CBH is able to provide sufficient grain of the same type, variety and Grade from any Site to ensure that the Customer’s Grain Entitlement is not diminished. (c) Unless the Customer notifies CBH within 72 hours of Outturn of Grain of any shortfall in quality or contamination CBH shall be deemed to have complied with its Outturn obligation. (d) The Customer will not be entitled to any Loss or Damage or to enforce any remedy in the event of a shortfall in Grain Entitlement caused by an event of Force Majeure or any removal or reclassification under clause 24.3.
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Liability for Shortfall. (a) Subject always to clauses 15.1(b), 15.1(d), and 15.9, CBH will be responsible and liable for any shortfall if it cannot Outturn the Customer’s Grain Entitlement for the relevant Grade and season of grain. (b) CBH's liability for a shortfall in Grain Entitlement pursuant to clause 15.1
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Liability for Shortfall. If the value or proceeds of the appropriation, sale or other realisation of any Collateral are insufficient to discharge the Secured Liabilities in full, the Grantor will remain liable to the Security Agent for any shortfall.
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Liability for Shortfall. If the value or proceeds of the appropriation, sale or other realisation of any Collateral are insufficient to discharge the Secured Obligations in full, the Grantor will, subject to Clause
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Related to Liability for Shortfall

  • Liability for Specific Obligations The Administrator will be liable only for its specific obligations under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Administrator. The Administrator will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement.

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • Liability for Subcustodians (a) Subject to the exculpation from consequential damages set forth in Section 7.1(b), Bank shall be liable for direct Liabilities incurred by Customer that result from: (i) the acts or omissions of any Subcustodian selected by Bank, whether domestic or foreign, to the same extent as if such act or omission was performed by Bank itself, taking into account the standards and market practice prevailing in the relevant market; or (ii) the insolvency of any Affiliated Subcustodian. Subject to the terms and conditions of this Agreement, including the exculpation from consequential damages set forth in Section 7.1(b), Bank shall take full responsibility for any Liabilities that result from or that are caused by the fraud, willful misconduct, or negligence of its Subcustodians or the insolvency of an Affiliated Subcustodian. In the event of any Liabilities suffered or incurred by Customer caused by or resulting from the acts or omissions of any Subcustodian for which Bank would otherwise be liable, Bank shall promptly reimburse Customer in the amount of any such Liabilities. (b) Subject to Section 7.1(a) and Bank’s duty to use reasonable care, prudence and diligence in the monitoring of a Subcustodian’s financial condition as reflected in its published financial statements and other publicly available financial information concerning it, Bank shall not be responsible for the insolvency of any Subcustodian which is not a branch or an Affiliated Subcustodian. (c) Bank reserves the right to add, replace or remove Subcustodians. Bank shall give Customer prompt notice of any such action, which shall be advance notice if practicable. Upon request by Customer, Bank shall identify the name, address and principal place of business of any Subcustodian and the name and address of the governmental agency or other regulatory authority that supervises or regulates such Subcustodian.

  • 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.

  • Indemnity for Returned Payments If, after receipt of any payment of, or proceeds applied to the payment of, all or any part of the Obligations, the Agent or any Lender is for any reason compelled to surrender such payment or proceeds to any Person, because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continue and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Agent or such Lender, and the Borrower shall be liable to pay to the Agent, and hereby does indemnify the Agent and the Lenders and hold the Agent and the Lenders harmless for, the amount of such payment or proceeds surrendered. The provisions of this Section 4.9 shall be and remain effective notwithstanding any contrary action which may have been taken by the Agent or any Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to the Agent's and the Lenders' rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 4.9 shall survive the termination of this Agreement.