Extra-Contractual Liability Sample Clauses

Extra-Contractual Liability. In no event shall Generali USA have any liability for any, punitive, exemplary, extra-contractual or similar damages, fines or penalties which are assessed against the Ceding Company as a result of acts, omissions or course of conduct committed by the Ceding Company. The parties recognize that circumstances may arise in which Generali USA's conduct would require, based upon equitable principles of law, Generali USA to share proportionately in punitive and compensatory damages awarded, to the extent permitted by law. The parties agree that for this to occur, Generali USA must have been a direct, active, decision making participant in the conduct that gives rise to the extracontractual liability and that the intervention is to such an extent that it equitably should be considered when extracontractual liabilities are apportioned. 1. For purposes of this section, the following are examples of where Generali USA's conduct will give rise to such a responsibility: a) it has actively taken control of the litigation and is directing the Ceding Company's action; b) it is attempting to compel acceptance of its direction by a specific written threat of withholding payment of reinsurance proceeds. 2. The parties agree that the decision to participate in a Contest is not a sufficiently direct, active, decision making role so as to give rise to extracontractual damages nor is the provision of advice concerning a claim that was solicited by the Ceding Company.
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Extra-Contractual Liability. In no event shall the Reinsurer have any liability for any punitive, exemplary, extra-contractual or similar damages, fines or penalties which are assessed against the Company as a result of acts, omissions or course of conduct committed by the Company. The parties recognize that circumstances may arise in which the Reinsurer's conduct will require the Reinsurer to share proportionately in punitive and compensatory damages awarded, to the extent permitted by law. The parties agree that for this to occur, the Reinsurer must have expressly agreed to, or otherwise expressly ratified, in writing the conduct that gives rise to the extracontractual liability.
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Extra-Contractual Liability. ANLIC (Hawaii) does not ---------------------------- indemnify Anchor for, and will not be liable for, any Extra-Contractual Liability, provided that ANLIC (Hawaii) shall be liable for costs and expenses -------- of Anchor with respect to the same liability for Extra-Contractual Liability of Anchor, its agents and representatives as are indemnified by the reinsurer pursuant to the CG YRT Retrocession Agreement or any Successor YRT Retrocession Agreement but only to the extent payment is actually received by ANLIC (Hawaii) under the CG YRT Retrocession Agreement or any Successor YRT Retrocession Agreement, such payment is actually received by AIC under the ANLIC (Hawaii) YRT Retrocession Agreement and such payment is actually received by ANLIC (Hawaii) under the AIC Retrocession Agreement (the "Anchor YRT Expense Recovery"). ---------------------------
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Extra-Contractual Liability. (9) Definition ................................................. (9)
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Extra-Contractual Liability. Each Party shall be solely responsible for compensating and indemnifying the other Party, its Board, employees or insurers for any claim, loss, liability, judgment, expense or cost (including legal costs and fines) and other similar, related in any way with the death or injury of a person, or with the loss or damage suffered by any person, entity or company (including the other Party) arising or being the origin of the actions or omissions of the Party that must compensate, its subcontractors, agents or suppliers, in relation to the fulfillment of the Order. While the execution of the Order requires the presence of a representative of one party in the facilities of the other, the Parties agree to compensate the other Party for all costs, claims, losses and expenses (including legal costs and fines) related to any way with the death or injury of its representatives or with the loss or damage to any object owned by said representatives, except in case of gross negligence or misconduct of the other Party.
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Related to Extra-Contractual Liability

  • Contractual Liability Liability for payments under the Plan shall be the responsibility of the:

  • Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury

  • EXTRA-CONTRACTUAL DAMAGES Extra-contractual damages are defined as punitive, statutory or compensatory damages due to the Ceding Company's negligence, oppression, malice, fault, wrongdoing or bad faith in connection with an award against the Ceding Company in excess of the limits of the policy reinsured as a result of, but not limited to, an act, omission or course of conduct committed solely by the Ceding Company in connection with the benefits payable under a particular policy reinsured under this Agreement.

  • Legal Liability For teachers having any legal proceeding brought against them for libel or slander in respect of any statements relating to the employment, suspension or dismissal of any person by the Board, published at a meeting of the Board or a committee thereof, or for assault in respect of disciplinary action taken in the course of duty, the Board shall pay the legal costs or any part thereof incurred by such teachers in successfully defending such legal proceeding as referred to above. If found guilty, the teacher shall bear said legal expenses.

  • Limitations of contractual liability No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a willful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Project Contract, provided such damage was not caused by a willful act or gross negligence. The terms of the Partnership Agreement shall not be construed to amend or limit any Party’s statutory liability.

  • Individual Liability If the Borrower is a natural person, the Bank may proceed against the Borrower's business and non-business property in enforcing this and other agreements relating to this loan. If the Borrower is a partnership, the Bank may proceed against the business and non-business property of each general partner of the Borrower in enforcing this and other agreements relating to this loan.

  • Contractor’s Liability By requiring insurance, the State and DCYF do not represent that the coverage and limits specified will be adequate to protect Contractor. Such coverage and limits shall not limit Contractor’s liability under the terms and conditions of this Contract.

  • Civil Liability If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then:

  • Insurance, Subcontractor's Public Liability and Property Damage The Contractor shall require each of its subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified in this Contract, or, the Contractor may insure the activities of its subcontractors in the Contractor’s policy, as specified in this Contract.

  • EXTRA CONTRACTUAL OBLIGATIONS In the event Retrocedant or Retrocessionaire is held liable to pay any punitive, exemplary, compensatory or consequential damages because of alleged or actual bad faith or negligence related to the handling of any claim under any Reinsurance Contract or otherwise in respect of such Reinsurance Contract, the parties shall be liable for such damages in proportion to their responsibility for the conduct giving rise to the damages. Such determination shall be made by Retrocedant and Retrocessionaire, acting jointly and in good faith, and in the event the parties are unable to reach agreement as to such determination, recourse shall be had to Article XV hereof.

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