Common use of Consultant's Liability Clause in Contracts

Consultant's Liability. Consultant shall be responsible for all damage to life and property due to intentional acts, negligent acts, errors or omissions of the Consultant, its sub-contractors, agents, or employees in the performance of its service under this Agreement. Further, it is expressly understood that the Consultant shall indemnify and save harmless the STATE from claims, suits, actions, damages, and costs of every name and description to the extent resulting from the negligent performance of the services or activities performed by or on behalf of Consultant under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon Consultant's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Consultant’s responsibility and indemnity shall also include but not be limited to liability resulting from any infringement violation by Consultant of proprietary rights, copyrights, trademarks, or right of privacy arising out of the intellectual property furnished by Consultant under this Agreement, except when attributable to the fault or negligence of the STATE, its officers, employees or agents. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against Consultant or the STATE beyond such as may legally exist irrespective of this Article or this Agreement.

Consultant's Liability. Consultant shall be responsible for all damage to life and property due to intentional acts, negligent acts, errors or omissions of the Consultant, its sub-contractors, agentsagents or employees, or employees in the performance of its service under this Agreement. Further, it is expressly understood that the Consultant shall indemnify and save harmless the STATE State from claims, suits, actions, damages, damages and costs of every name and description to the extent resulting from the negligent performance of the services or activities performed by or on behalf of Consultant under this Agreement, and such indemnity shall not be limited by reason reasons of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, include in addition to negligence founded upon tort, negligence based upon Consultant's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Consultant’s responsibility and indemnity shall also include but not be limited to liability resulting from any infringement violation by Consultant of proprietary rights, copyrights, trademarks, trademarks or right of privacy privacy, arising out of the intellectual property furnished by Consultant under this Agreement, except when attributable to the fault or negligence of the STATEState, its officers, employees or agents. Nothing in this Article section or in this Agreement shall create or give to third parties any claim or right of action against Consultant or the STATE State beyond such as may legally exist irrespective of this Article section or this Agreement.