Exemption from Liability A Member or a Specified Corporate User may not for any reason seek compensation from DBS for suffering damages arising from either because the use of or inability to use the bicycle. However a Member or a Specified Corporate User may claim compensation with in the amount of fees received from the said Members for damages are result of willful intent or gross negligent on the part of DBS.
Civil Liability If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then:
Administrative Civil Liability ▇▇▇▇▇▇▇▇ 66 hereby agrees to the imposition of an administrative civil liability totaling $109,000 to resolve the alleged violations as set forth in Section II as follows: a. No later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order, ▇▇▇▇▇▇▇▇ 66 shall submit a check for $54,500 made payable to the “State Water Pollution Cleanup and Abatement Account,” reference the Order number on page one of this Stipulated Order, and mail the check to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 ▇▇▇▇▇▇▇▇ 66 shall e-mail a copy of the check to the State Water Resources Control Board Office of Enforcement (▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇) and the Regional Water Board (▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇). ▇. ▇▇▇▇▇▇▇▇ 66 agrees that $54,500 of the administrative liability shall be paid to the Regional Monitoring Program, care of the San Francisco Estuary Institute, for implementation of a Supplemental Environmental Project (SEP), the North Bay Selenium Synthesis Study, as follows: i. $54,500 (SEP Amount) shall be paid solely for use toward the North Bay Selenium Synthesis Study. Funding this project will perform an information synthesis to support development of a selenium monitoring program for the North Bay. A complete description of this project is provided in Exhibit C, incorporated herein by reference. ii. No later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order, ▇▇▇▇▇▇▇▇ 66 shall submit a check for $54,500 made payable to the “Regional Monitoring Program,” reference the Order number on page one of this Stipulated Order, and mail the check to: Regional Monitoring Program c/o San Francisco Estuary Institute ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Richmond, CA 94804 A copy of the check shall be sent to the Office of Enforcement and the Regional Water Board at the e-mail addresses set forth above.
Advisor’s Liability The Advisor shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of the statements in each Fund’s offering materials (including the prospectus, the statement of additional information, and advertising and sales materials), except for information supplied by the co-administrators or the Trust or another third party for inclusion therein. The Advisor will not be liable for any error of judgment or mistake of law or for any loss suffered by Advisor or by the Trust in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its duties under this Agreement.
Our Liability This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or ▇▇▇▇ Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and ▇▇▇▇ Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances: 1. If through no fault of the Bank, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. 7. If you have not properly followed the instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.