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.
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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. 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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Extra-Contractual Liability. (9) Definition ................................................. (9)
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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 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 the Reinsurer's conduct would require, based upon equitable principles of law, 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 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.
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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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Related to Extra-Contractual Liability

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

  • 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.

  • 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.

  • 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.

  • Total Liability Subject to section 9 and section 10, LogRhythm’s total cumulative liability in connection with this Agreement, the Products, Cloud Services and any related services, whether in contract or tort (including negligence) or otherwise, will not exceed a sum equal to 1.25 times the amount of fees (including Support Services Fees (if any)) paid or payable by Customer to Authorized Reseller during the twelve (12) month period preceding the events giving rise to such liability or five thousand British pounds (GBP£5,000), whichever is the higher.

  • Reinsurer’s Liability The Reinsurer’s liability with respect to the Reinsured Risks will terminate on the earliest of: (i) the date the Company’s liability with respect to the Reinsured Risks is terminated and all amounts due the Company from the Reinsurer with respect to such Reinsured Risks are paid to the Company by or on behalf of the Reinsurer; and (ii) the date this Agreement is terminated upon the written agreement of the parties.

  • Professional Liability Before commencing work on this Agreement and throughout the term of this Agreement, the Party shall procure and maintain professional liability insurance for any and all services performed under this Agreement, with minimum coverage of $1,000,000 per occurrence, and $3,000,000 aggregate.

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • Joint Liability Each representation, warranty, covenant and agreement made by Parent or Merger Sub in this Agreement shall be deemed a representation, warranty, covenant and agreement made by Parent and Merger Sub jointly and all liability and obligations relating thereto shall be deemed a joint liability and obligation of Parent and Merger Sub.

  • No Additional Liability Nothing in this Coordination Agreement shall impose any liability or obligation on the part of any party to this Coordination Agreement to make any payment or disbursement in addition to any liability or obligation such party has under the Program Documents, except to the extent that a party has actually received funds which it is obligated to disburse pursuant to this Coordination Agreement.

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