City Not Liable. CUSTOMER shall not hold the CITY liable for failure to deliver irrigation water if a reasonable situation preventing such delivery exists or for delivery of water that is not of sufficient quality. Such situations shall include, but not be limited to:
(a) A lack of irrigation water due to a loss or lack of flow to the treatment plant or due to process failure.
(b) Contamination in the irrigation water making it unusable for approved uses, including without limitation, excessive chloride levels.
(c) Equipment or material failure in the irrigation water delivery system, including storage and pumping.
(d) An act of God that makes delivery of irrigation water by the CITY not reasonably feasible or impossible.
(e) Other plant upsets caused by mechanical or a biological process that would prevent delivery of irrigation water to the system.
City Not Liable. Neither the City nor the Police Department of City shall be responsible to the Contractor for payment of towing, removal, or storage charges except where provided in Section 24 of this agreement. Contractor shall look to the owner of the shared use mobility device for payment.
City Not Liable. To the extent allowed by the laws of the State of Tennessee, University agrees that neither the City nor any of its officers, agents, contractors or employees shall have any liability to University arising from any breach of this agreement or from or out of the occupancy or use by University, its agents, servants, employees, contractors, patrons, guests, or invitees of the Premises. University waives any such claims against the City, and their officers, agents, contractors and employees, and agrees that University's sole recourse on any such claim shall be against SMG. The parties agree that the City is not, and will not be deemed, a third-party beneficiary of this Agreement.
City Not Liable. 11.1 The City shall not be under any duty or obligation to repair or maintain the Property, any portion thereof, or any facilities situated thereon during the term of the Lease.
11.2 The City is not responsible to Lessee for any claims of compensation for any losses, damages or injury sustained by the Lessee resulting from the condition of the Property or from the failure of any water supply, sewer or drainage facility, or caused by natural conditions, whether on the surface or underground, including stability, moving, shifting, settlement of ground, or displacement of materials by fire, water, windstorm, tornado, hurricane, act of war, civilian commotion or riot, or any cause beyond the control of the City.
11.3 All personal property placed on or moved onto the Property shall be at the risk of the Lessee. The City shall not be liable for any damages or loss of personal property arising from any reason whatsoever.
City Not Liable. CITY shall not be liable for any of the activities to be 617 undertaken by CONTRACTOR pursuant to this Agreement. 618 5.10 Compliance with State, Federal, and Municipal Law. CONTRACTOR shall 619 comply with all applicable CITY, local, state and federal laws now or hereafter in effect, relating 620 to the services provided under this Agreement including, but not limited to, all environmental 621 laws and all laws related to the employment or protection of employees.
City Not Liable. Developer is responsible for assisting the Districts with obtaining any required financing, it being understood and agreed that the City has no obligations with respect thereto (other than the issuance of the Warrant). The City has no obligations with respect to the construction or operation of any improvements acquired or constructed from time to time by the Districts and any bonds or other obligations issued by the Districts shall never constitute or give rise to a pecuniary charge against the general credit of the City.
City Not Liable. The City shall not be liable to successors or assigns of the Owner for any breach of or default in the obligations owed to such successors or assigns under the Easement committed after the registration of the Easement.
City Not Liable. The City shall not be liable to the Franchisee or to any other person or entity for any interruption in the Franchisee’s Services or for any interference with the operation of the Franchisee’s Facilities arising from the City’s use of City Facilities or the Public Rights-of- Way or from any other action of the City, its officers, agents and employees, provided that the foregoing is not caused by the negligence, willful misconduct, or breach of this Agreement by the City.
City Not Liable. The City shall not be responsible or liable to Concessionaire for any claims for compensation or any losses, damages or injury sustained by Concessionaire resulting from (a) temporary closure of the Airport in response to hazardous conditions or for any other reason, (b) cessation for any reason of air carrier operations at the Airport, or (c) diversion of passenger traffic to any other facility.
City Not Liable. The Company acknowledges that the exemption authorized in this Agreement is subject to approval and implementation by the appropriate state and/or county taxing authorities. The Company acknowledges that the City does not give any guarantee or assurance that the exemption approved in this Agreement will be so approved, and the Company agrees that in no event shall the Company seek to hold the City liable in any way in the event such exemption is not granted or implemented.
