Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of Lessee, its officers, employees or agents ('Lessee Protected Parties'), and without regard to the fault of Lessor, its respective partners, shareholders, members, agents, directors, officers and employees ('Lessor Protected Parties'). As between Lessor Protected Parties and Lessee Protected Parties, such risks are allocated as follows:
(a) Lessee shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, occasioned by events occurring on or about the leased premises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a); and 6
(b) Lessee shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b), (d) and (e). Notwithstanding the foregoing, provided Lessee does not default in its obligation to carry insurance under Section 6.2(a), if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered.
Allocation of Risks. 6.1. ENGINEER shall Indemnify CLIENT from Claims caused by ENGINEER's Negligence To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless CLIENT, CLIENT's officers, directors, partners, and employees from and against any and all costs, losses and damages (including but not limited to reasonable attorneys’ fees and all court or other dispute resolution costs) arising from claims by third parties, to the extent caused by the negligent acts, errors or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, agents and ENGINEER's Consultants in the performance and furnishing of ENGINEER's services under this Agreement.
6.2. CLIENT shall Indemnify ENGINEER from Claims caused by CLIENT's Negligence To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, partners, and employees and ENGINEER's Consultants from and against any and all costs, losses and damages (including but not limited to reasonable attorney’ fees and court or other dispute resolution costs) arising from claims by third parties, to the extent caused by the negligent acts, errors or omissions of CLIENT or CLIENT's officers, directors, partners, employees, agents and CLIENT's consultants with respect to this Agreement or the Project.
6.3. CLIENT shall Indemnify ENGINEER from Claims caused by Hazardous Waste In addition to the indemnity provided under Paragraph 6.2 of this Schedule, and to the fullest extent permitted by law, CLIENT shall indemnify and hold harmless ENGINEER and its officers, directors, partners, and employees and ENGINEER's Consultants from and against all claims, costs, losses, and damages (including but not limited to reasonable attorneys’ fees and court or other dispute resolution costs) caused by, arising out of or relating to the presence, discharge, release or escape of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material at, on, under or from the Project site.
Allocation of Risks. The limitation of liability set forth in this Article 8 reflects a deliberate and bargained for allocation of risks between Distributor and Manufacturer and is intended to be independent of any exclusive remedies available under this Agreement, including any failure of such remedies to achieve their essential purpose.
Allocation of Risks. This Limited Warranty allocates the risks of failure of the Products between Inventronics and Buyer. This allocation is recognized by both parties and is reflected in the price of the Products. Buyer acknowledges that it has read this Limited Warranty, understands it and agrees to be bound by its terms. This Limited Warranty extends to the original Buyer only.
Allocation of Risks. 1. The Company does not make any representations or give any warranties to the Customer with regard to the availability, quality, speed, functioning, precision, dependability, continuous operation or otherwise concerning the Customer’s use of the Service and the Service is provided “as is” and “as available”. Interruptions, disruptions and other issues with the Service or with the equipment used by the Customer may result in the loss of data by the Customer or by the Company. In no event whatsoever, will the Company be liable to the Customer for loss of data or any resulting economic loss or damage.
2. The Company does not make any representations or give any warranties that the Service conforms with any descriptions that the Company has provided, or that the Service will be free from any errors or flaws.
3. The Company does not assume any responsibility for any loss or harm that the Customer may incur with the exception of any loss or harm that results from a breach by the Company of its obligations as an Authorized Person under the Authorized Persons Regulations. Specifically, the Company will not be responsible for any loss or additional expenses (if it is not proved that the cause of these losses or additional expenses was a breach by the Company of its obligations as an Authorized Person) for any:
a. Communication, system or equipment breakdown, or a technical flaw, whether complete or partial.
b. Fraud or dishonesty.
c. Any harm suffered by or as a result of circumstances outside the control of the Company.
4. The Company is not responsible for any loss or damage incurred by the Customer as a result of any of the dangers or risks disclosed in the internet Dangers Disclosure Statement.
5. The Company does not bear, under any circumstances, any legal responsibility to the Customer or any third party for any harm of any type resulting from the Customer’s use of the Service or the Customer’s inability to use the Service including any delay or disruption in the transmission of the Service regardless of the form of such harm whether or not the Company was notified of the possibility of the
Allocation of Risks. Correspondent acknowledges and agrees that the fees charged by Apex. reflect the allocation of risks including, but not limited to. any limitation of liability set forth in this Agreement. A modification of the allocation of risks set forth in this Agreement would affect the fees charged by Apex, and in consideration of such fees, Correspondent agrees to such allocation of risks.
Allocation of Risks. Indemnification:
Allocation of Risks. Introducing Firm acknowledges and agrees that the fees charged by Clearing Agent reflect the allocation of risks including, but not limited to, any limitation of liability set forth in this Agreement. A modification of the allocation of risks set forth in this Agreement would affect the fees charged by Clearing Agent, and in consideration of such fees, Introducing Firm agrees to such allocation of risks.
Allocation of Risks. Broker acknowledges and agrees that the fees charged by Pershing reflect the allocation of risks including, but not limited to, any limitation of liability set forth in this Agreement. A modification of the allocation of risks set forth in this Agreement would affect the fees charged by Pershing, and in consideration of such fees, Broker agrees to such allocation of risks.
Allocation of Risks. The representations, warranties, covenants and agreements made herein, together with the indemnification provisions in this Agreement, are intended among other things to allocate the economic cost and the risks inherent in the Transaction and accordingly, a party shall be entitled to the indemnifications or other remedies provided in this Agreement by reason of any breach of any such representation, warranty, covenant or agreement by another party notwithstanding whether any employee, representative or agent of the party seeking to enforce such indemnification or any remedy knew or had reason to know of such breach, and such knowledge or reason to know of such breach shall not be a defense to any indemnification, or other claims, remedies, or defenses.
