Claim Liability Clause Samples
Claim Liability. 4.9.1. The Catering SFA accepts liability caused by the Catering SFA’s negligence or for claims assessed as a result of Federal or State reviews/audits, corresponding with the Catering SFA’s period of liability.
4.9.2. The SFA shall be responsible for ensuring the resolution of Program reviews and audit findings. The Catering SFA shall fully cooperate with the SFA in resolving review and audit issues, and the Catering SFA shall indemnify the SFA for any fiscal action, claims, losses or damages, fault, fraud, required repayment or restoration of funds, including reasonable attorney’s fees incurred in defending or resolving such issues, that results from the Catering SFA’s intentional or negligent acts.
4.9.3. The Catering SFA shall indemnify, defend, and hold the SFA harmless against any loss of damage (including attorney’s fees and costs of litigation) caused by the Catering SFA’s negligent act or omission, theft by the Catering SFA’s employees, or the negligent or intentional acts or omissions of the Catering SFA’s agents or employees. The Catering SFA shall defend any suit against the SFA alleging personal injury or property damage arising out of the transportation of meals or other items to the Site(s) or out of the acts of the Catering SFA’s employees, and any suit alleging bodily injury, sickness, or disease arising out of the consumption of the meals delivered by the Catering SFA to the Food Service Site(s), and shall be liable for any damages agreed to by the parties or awarded as a result of such litigation.
4.9.4. The SFA shall promptly notify the Catering SFA in writing of any claims against the Catering SFA or the SFA and, in the event a suit is filed, shall promptly forward to the Catering SFA all papers in connection therewith. The Catering SFA shall not incur any expense or make any settlement without the SFA’s consent. However, if the Catering SFA refuses or neglects to defend any such suit, the SFA may defend, adjust, or settle any such claim, and the costs of such defense, adjustment, or settlement, including reasonable attorney’s fees, shall be charged to the Catering SFA.
4.9.5. The Catering SFA accepts liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA Foods/DoD Fresh. In the event the SFA is assessed a fine or penalty, as the result of an unsatisfactory or failed food service audit, the Catering SFA shall be responsible for paying one hundred percent (100%) of the fine or penalty as...
Claim Liability. 4.9.1. The Caterer accepts liability caused by the Caterer’s negligence or for claims assessed as a result of Federal or State reviews/audits, corresponding with the Caterer’s period of liability.
4.9.2. The SFA shall be responsible for ensuring the resolution of Program reviews and audit findings. The Caterer shall fully cooperate with the SFA in resolving review and audit issues, and the Caterer shall indemnify the SFA for any fiscal action, claims, losses or damages, fault, fraud, required repayment or restoration of funds, including reasonable attorney’s fees incurred in defending or resolving such issues, that results from the Caterer’s intentional or negligent acts.
4.9.3. The Caterer shall indemnify, defend, and hold the SFA harmless against any loss of damage (including attorney’s fees and costs of litigation) caused by the Caterer’s negligent act or omission, theft by the Caterer’s employees, or the negligent or intentional acts or omissions of the Caterer’s agents or employees. The Caterer shall defend any suit against the SFA alleging personal injury or property damage arising out of the transportation of meals or other items to the Site(s) or out of the acts of the Caterer’s employees, and any suit alleging bodily injury, sickness, or disease arising out of the consumption of the meals delivered by the Caterer to the Food Service Site(s), and shall be liable for any agreed to by the parties or awarded as a result of such litigation.
4.9.4. The SFA shall promptly notify the Caterer in writing of any claims against the Caterer or the SFA and, in the event a suit is filed, shall promptly forward to the Caterer all papers in connection therewith. The Caterer shall not incur any expense or make any settlement without the SFA’s consent. However, if the Caterer refuses or neglects to defend any such suit, the SFA may defend, adjust, or settle any such claim, and the costs of such defense, adjustment, or settlement, including reasonable attorney’s fees, shall be charged to the Caterer.
4.9.5. The Caterer accepts liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA Foods/DoD Fresh. In the event the SFA is assessed a fine or penalty, as the result of an unsatisfactory or failed food service audit, the Caterer shall be responsible for paying one hundred percent (100%) of the fine or penalty as a result of negligence on behalf of the Caterer. (Delete if not using USDA Foods/DoD Fresh)
Claim Liability. The FSMC accepts liability caused by the FSMC’s negligence for claims assessed as a result of Federal/State review/audits, corresponding with the SFA’s period of liability.
Claim Liability. Aramark accepts liability caused by Aramark’s negligence for claims assessed as a result of federal or state reviews and/or audits corresponding with District’s period of liability.
Claim Liability. ARAMARK accepts liability caused by ARAMARK’s negligence for claims assessed as a result of federal or state reviews and/or audits corresponding with District’s period of liability.