DEFENSE/IMMUNITY Sample Clauses

The DEFENSE/IMMUNITY clause serves to protect a party from legal liability or claims under certain circumstances. Typically, this clause specifies situations where a party is shielded from lawsuits, damages, or other legal actions, such as when acting within the scope of their duties or in compliance with the law. By establishing clear boundaries for liability, the clause helps prevent unwarranted legal actions and allocates risk, ensuring that parties are not held responsible for actions beyond their control or authority.
DEFENSE/IMMUNITY. By entering into the Contract, neither the State, DMS, FDC nor CONTRACTOR waives any immunity defense which may be extended to them by operation of law including limitation of damages; excepting only that CONTRACTOR may not assert the defense of sovereign immunity.
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DEFENSE/IMMUNITY. By entering into the Contract, neither the State, CDCR nor the CONTRACTOR waives any immunity defense which may be extended to them by operation of law including limitation of damages, excepting only that the CONTRACTOR may not assert the defense of sovereign immunity.
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DEFENSE/IMMUNITY. By entering into the Contract, neither the State, CDCR nor the County waives any immunity defense which may be extended to them by operation of law including limitation of damages, excepting only that the County may not assert the defense of sovereign immunity.
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DEFENSE/IMMUNITY. By entering into the Contract, neither the State, DEPARTMENT, nor PROVIDER waives any immunity defense which may be extended to them by operation of law.
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DEFENSE/IMMUNITY. The YCC acknowledges and agrees that no indemnity agreement by the County under the terms of this Agreement shall waive, and any such indemnity shall be subject to limits of liability and any indemnity defense available to the County under the laws of the State of Indiana, including the Indiana Tort Claims Act. The County acknowledges and agrees that no indemnity agreement by the YCC under the terms of this Agreement shall waive, and any such indemnity shall be subject to any indemnity defense available to the YCC under the laws of the State of Indiana.
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DEFENSE/IMMUNITY. By entering into this Contract, State does not ---------------- waive its governmental immunity nor does Builder or Contractor or the State waive any immunity which may be extended to either by operation of law including limitation of damages. The liability of the State shall not be subject to punitive damages. Damages for any State Event of Default shall never exceed the amount of funds which have been appropriated, but not paid, for the fiscal year in existence at the time of the breach. Under NRS Chapter 41 generally, the State may be subject to limited liability. Under NRS 41.0321 specifically, the State and its agencies, officers, employees and immune contractors are immune from liability for Year 2000 computer system non-compliance.
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Related to DEFENSE/IMMUNITY

  • Sovereign Immunity The State reserves all immunities, defenses, rights or actions arising out of the State’s sovereign status or under the Eleventh Amendment to the United States Constitution. No waiver of the State’s immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by reason of the State’s entry into this Agreement.

  • Defense of Claims The Company shall be entitled to participate in the defense of any Claim relating to an Indemnifiable Event or to assume the defense thereof, with counsel reasonably satisfactory to Indemnitee; provided that if Indemnitee believes, after consultation with counsel selected by Indemnitee, that (i) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict of interest, (ii) the named parties in any such Claim (including any impleaded parties) include the Company or any subsidiary of the Company and Indemnitee and Indemnitee concludes that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company or any subsidiary of the Company or (iii) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Claim) at the Company’s expense; provided that any counsel chosen by Indemnitee shall agree to comply with the Company’s outside counsel guidelines, as in effect at the time of the engagement of such counsel, with respect to any matter for which indemnification is sought under this Agreement. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any Claim relating to an Indemnifiable Event effected without the Company’s prior written consent. The Company shall not, without the prior written consent of Indemnitee, effect any settlement of any Claim relating to an Indemnifiable Event to which Indemnitee is or could have been a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of Indemnitee from all liability on all claims that are the subject matter of such Claim. Neither the Company nor Indemnitee shall unreasonably withhold its or his or her consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee. To the fullest extent permitted by Nevada law, the Company’s assumption of the defense of a Claim pursuant to this Section 14 will constitute an irrevocable acknowledgement by the Company that any Expenses incurred by or for the account of Indemnitee in connection therewith are indemnifiable by the Company under Section 2.

  • Waiver of Sovereign Immunity Each of the Credit Parties, in respect of itself, its Subsidiaries, its process agents, and its properties and revenues, hereby irrevocably agrees that, to the extent that Holdings, the Borrowers, or any of their respective Subsidiaries or any of their respective properties has or may hereafter acquire any right of immunity, whether characterized as sovereign immunity or otherwise, from any legal proceedings, whether in the United States or elsewhere, to enforce or collect upon the Loans or any Credit Document or any other liability or obligation of Holdings, the Borrowers, or any of their respective Subsidiaries related to or arising from the transactions contemplated by any of the Credit Documents, including, without limitation, immunity from service of process, immunity from jurisdiction or judgment of any court or tribunal, immunity from execution of a judgment, and immunity of any of its property from attachment prior to any entry of judgment, or from attachment in aid of execution upon a judgment, Holdings and the Borrowers, for themselves and on behalf of their respective Subsidiaries, hereby expressly waive, to the fullest extent permissible under applicable law, any such immunity, and agree not to assert any such right or claim in any such proceeding, whether in the United States or elsewhere. Without limiting the generality of the foregoing, Holdings and the Borrowers further agree that the waivers set forth in this Section 13.19 shall have the fullest extent permitted under the Foreign Sovereign Immunities Act of 1976 of the United States and are intended to be irrevocable for purposes of such Act.