DAMAGES AND MUTUAL RESPONSIBILITY. If either party to this Contract suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom it is responsible in law, then it shall be reimbursed by the other party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party.
DAMAGES AND MUTUAL RESPONSIBILITY. 12.1.5 The Contractor shall indemnify and save harmless the Owner, the Trustees of the Toronto District School Board, the Consultant, and the Owner’s Representative or Project Manager, where applicable, its partners, officers, employees, agents and other representatives of the Owner for whom an interest can be represented (collectively, the “Indemnified Parties”) from any and all losses, damages, liabilities, judgments, claims, demands, causes of action, suits, actions or other proceedings of any kind or nature and expenses (including legal fees on a full indemnity basis), incurred or suffered by the Indemnified Parties, that arise out of or in connection with or as a result of anything done or omitted to be done by the Contractor, any Subcontractors or Suppliers or any of their respective officers, employees or agents in carrying out the Work or otherwise in carrying out the Work or the performance of Contractor’s obligations under this Contract except to the extent caused or contributed to by any acts or omissions of the Indemnified Parties.
DAMAGES AND MUTUAL RESPONSIBILITY. 26.01 If either Party to this Agreement should suffer damage in any manner due to a breach of the obligations of the other Party, then that Party shall be reimbursed by the other Party for such damage.
DAMAGES AND MUTUAL RESPONSIBILITY the provisions of this General Condition shall govern.
DAMAGES AND MUTUAL RESPONSIBILITY. Paragraph 9.2.3 is deleted in its entirety.
DAMAGES AND MUTUAL RESPONSIBILITY. If the Design-Builder or any Subcontractor has caused damage to any Other Contractor in relation to the Project, the Design-Builder agrees upon due notice by the Owner to settle with such Other Contractor by agreement or arbitration. If an Other Contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner will notify the Design-Builder and may require the Design-Builder to defend the action at the Design-Builder's expense. If any final order, judgment or award against the Owner arises therefrom, the Design-Builder will pay or satisfy such order, judgment or award, and pay all costs incurred by the Owner in defending the claim, including all actual legal fees and disbursements. If the Design-Builder becomes liable to pay or satisfy any final order, judgment or award against the Owner, then the Design-Builder will have the right, upon undertaking to indemnify the Owner against any and all liability of costs, to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction provided that if the Owner so requires, the Design- Builder will post security satisfactory to the Owner, acting reasonably, for any liability to which the Owner may become liable by reason of such appeal.
DAMAGES AND MUTUAL RESPONSIBILITY. If either Party to this Agreement should suffer damage in any manner due to a breach of the obligations of the other Party, then that Party shall be reimbursed by the other Party for such damage. Claims for damage under Section 26.01 shall be made in writing to the Party liable within reasonable time after the first observance of such damage and if undisputed shall be confirmed by an Amending Document. Disputed claims shall be resolved as set out in Article 25. If the Contractor has caused damage to the work of an Other Contractor at the Place of Work, the Contractor agrees upon due notice to settle with the Other Contractor by negotiation or arbitration. If the Other Contractor makes a claim against the Province on account of damage alleged to have been so sustained, the Province shall notify the Contractor and may require the Contractor to defend the action at the Contractor’s expense. The Contractor shall satisfy a final order or judgment against the Province and pay the costs incurred by the Province arising from such action. If the Contractor becomes liable to pay or satisfy a final order, judgment, or award against the Province, then the Contractor, upon undertaking to indemnify the Province against any and all liability for costs, shall have the right to appeal in the name of the Province such final order or judgment to any and all courts of competent jurisdiction.
