Common use of Disclaimer of Warranties and Indemnification Clause in Contracts

Disclaimer of Warranties and Indemnification. The Governmental Agency acknowledges and agrees that (i) the Authority makes no warranty or representation, either express or implied as to the value, design, condition, merchantability, or fitness for particular purpose, or fitness for any use, of the Project or any portions thereof, or any other warranty or representation with respect thereto; (ii) in no event shall the Authority or its agents be liable or responsible for any direct, incidental, indirect, special, or consequential damages in connection with or arising out of this Loan Agreement, or the Project, or the existence, furnishing, functioning, or use of the Project, or any item or products or services provided for in this Loan Agreement; and (iii) to the extent authorized by law, the Governmental Agency shall indemnify, save, and hold harmless the Authority against any and all claims, damages, liability, and court awards, including costs, expenses, and attorney fees incurred as a result of any act or omission by the Governmental Agency, or its employees, agents, or subcontractors pursuant to the terms of this Loan Agreement, provided, however, that the provisions of this clause (iii) are not intended to and shall not be construed as a waiver of any defense or limitation on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Section 24-10- 101, et seq. C.R.S.), or under the laws of the United States or the State of Colorado.

Disclaimer of Warranties and Indemnification. The Governmental Agency acknowledges and agrees that (i) neither the Authority nor the Trustee makes no any warranty or representation, either express or implied implied, as to the value, design, condition, merchantability, merchantability or fitness for particular purpose, purpose or fitness for any use, use of the System or the Project or any portions thereof, thereof or any other warranty or representation with respect thereto; (ii) except as provided herein, in no event shall the Authority or its the Trustee or their respective agents be liable or responsible for any direct, incidental, indirect, special, special or consequential damages in connection with or arising out of this Loan Agreement, Agreement or the Project, Project or the existence, furnishing, functioning, functioning or use of the Project, System or the Project or any item or products or services provided for in this Loan Agreement; and (iii) to the extent authorized by law, the Governmental Agency shall indemnify, save, save and hold harmless the Authority against any and all claims, damages, liability, liability and court awards, awards including costs, expenses, expenses and attorney fees incurred as a result of any act or omission by the Governmental Agency, or its employees, agents, agents or subcontractors pursuant to the terms of this Loan Agreement, provided, however, provided however that the provisions of this clause (iii) are not intended to and shall not be construed as a waiver of any defense or limitation on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Section 2400-10- 10100-000, et seq. ., C.R.S.), or under the laws of the United States or other laws of the State of Colorado.