Active or Passive Negligence; Strict Liability Sample Clauses

Active or Passive Negligence; Strict Liability. Except as provided in this section, the Developer Indemnification Obligations shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of County Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on County Parties. Developer Indemnification Obligations shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim was caused solely by the gross negligence or willful misconduct of a County Party.
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Active or Passive Negligence; Strict Liability. Except as provided in this Subsection 14.3.4, the indemnification in Subsection 14.3.1 shall apply regardless of the active or passive negligence of Landlord Parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on Landlord Parties. The indemnification in Subsection 14.3.1 shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one Landlord Party was proximately caused by the willful misconduct of that Landlord Party. In that event, however, this indemnification shall remain valid for all other Landlord Parties.
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Active or Passive Negligence; Strict Liability. Except as provided in this SECTION 13.3.4, the indemnification in SECTION 13.3.1 (LESSEE’S INDEMNIFICATION OF COUNTY PARTIES) shall apply, without limitation, to Claims caused by the sole passive negligence or the concurrent negligent act, error, or omission, whether active or passive, of County Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on County Parties. The indemnification in SECTION 13.3.1 (LESSEE’S INDEMNIFICATION OF COUNTY PARTIES) shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one County Party was caused solely by the negligence or willful misconduct of that County Party. In that event, however, this indemnification shall remain valid for all other County Parties.
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Active or Passive Negligence; Strict Liability. Except as provided in this Section 13.2.4, the indemnification in Section 13.2.1 shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of City Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City Parties. The indemnification in Section 13.2 shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one or more City Parties was caused by the sole negligence or willful misconduct of one or more of such City Parties. In that event, however, this indemnification shall remain valid for all other City Parties.
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Active or Passive Negligence; Strict Liability. Except as provided in this Section 13.2.4, the indemnification in Section 13.2.1 shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of City and/or Sublessor Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City and/or Sublessor Parties. The indemnification in Section 13.2 shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one or more City and/or Sublessor Parties was caused by the sole negligence or willful misconduct of one or more of such City and/or Sublessor Parties. In that event, however, this indemnification shall remain valid for all other City and/or Sublessor Parties.
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Active or Passive Negligence; Strict Liability. Except as provided in this Section, Lessee’s Indemnification shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of County Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on County Parties. Lessee’s Indemnification shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim was caused solely by the negligence or willful misconduct of a County Party.
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Active or Passive Negligence; Strict Liability. Except as provided in this subsection (d), the indemnification in subsection (a) shall apply regardless of the active or passive negligence of Lessor Parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on Lessor Parties. The indemnification in subsection
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Related to Active or Passive Negligence; Strict Liability

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • No Consequential or Punitive Damages Neither Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.

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