GENERAL LIABILITY PROVISIONS Sample Clauses

GENERAL LIABILITY PROVISIONS. 7. 1. Xxxxxxx’s Rights and Defences (a.) The Rights and Defences of Carrier provided in this Bill of Lading shall apply in any action or claim against Carrier for any loss or damage whatsoever and howsoever occurring (and without restricting the generality of the foregoing, includ- ing delay, late delivery, non delivery and/or delivery without surrender of this bill of lading) whether the action or claim be founded in contract, tort, bailment, trust, breach of express or implied warranty or otherwise and notwithstanding any negligence, unseaworthiness, deviation, or any fundamental breach of contract on the part of carrier, its officers, employees and/or Sub-Contractors. (b.) The Carrier shall be entitled to (and nothing to this Bill of Lading shall operate to deprive or limit such entitlement) the full benefit of, and rights to all limitations and exclusions of liability and all rights conferred or authorized by any appli- cable law, statute or regulations of any country (including, but not limited to where applicable any provisions of the laws of the U.S.A.) and without prejudice to the generality of the foregoing also any law, statute or regulations available to the owner of the vessel(s) on which the Goods are carried. (c.) Without prejudice to the generality of (a) above, unless contrary to the compulsorily applicable law in the individual case, the defences and limits of liability referred to herein shall apply not only in respect of loss or damage to the Goods, but are also applicable in the event of “loss” of the Goods or loss caused to Merchant (or any of them) by reason of delivery of the Goods to the Notify Party named overleaf or Merchant (or any one of them) without the presentation of this Bill of Lading to Carrier, its employees, agents or Sub-Contractors (d.) Inland waterways Carrier’s liability for loss or damage to Goods during inland waterways will be determined as if the loss or damage had occurred during sea carriage.
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GENERAL LIABILITY PROVISIONS. The Utility for itself, its employees, agents and representatives, shall indemnify, protect and save harmless the Indiana Department of Transportation, the State of Indiana, and the Local Public Agency from and against any and all legal liabilities and other expenses, claims, costs, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction of property (hereafter "Claim"), arising out of intentional tortious acts or whether due in whole or in part to the negligent acts or omissions of the Utility, its employees or agents or contractors, in relation to or in connection with any work performed or to be performed pursuant to this agreement, provided however, that where said Department of Transportation and/or the Local Public Agency has been found liable by a court, tribunal or governing body entitled to make such a determination for intentional tortious acts and/or negligence with respect to the occurrence or occurrences giving rise to the Claim, the Utility shall have no duty to indemnify, protect, or save harmless either the Department of Transportation, the State, or the Local Public Agency.
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GENERAL LIABILITY PROVISIONS a. Liability in connection with the carriage of passengers, baggage and cargo under the Charter Agreement is subject to the liability conditions and restrictions of respective Turkish legislation and/or the Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999 ("Montreal Convention"), depending on whether the case involves national or international carriage. b. Zorlu Air shall be liable for any damage or loss arising out of or in connection with the carriage performed by Zorlu Air according to the Charter Agreement, only if the damage or loss is attributable to intentional misconduct or gross negligence on the part of Zorlu Air. c. The total liability of Zorlu Air shall in no event exceed the level of the actual, direct and proven damage (proven by a final court decision) and shall be subject to the provisions of Section 13 (Limited Liability). Zorlu Air shall not be liable for indirect, consequential, punitive damages, loss of profit, loss of opportunity. d. If the damage is caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, the standards of the applicable law relating to exoneration shall apply. The same shall apply, if the damaged person fails to satisfy its obligation to keep the damage to a minimum. e. Without prejudice to the other provisions stated herein, the Customer shall compensate for any damage to the aircraft or property aboard the aircraft caused by the passengers with wrongful intention or negligence (slight or gross) during the carriage. f. Zorlu Air shall not be liable for any damage or loss caused in fulfilment of government regulations or if the passengers or the cargo interests fail to satisfy their obligations pursuant to these regulations. g. Zorlu Air shall be liable for errors or omissions in flight schedules or other publications of flight times, for information supplied by agents, employees or authorized representatives of Zorlu Air relating to dates, departure and arrival times or flight handling, only in case of intentional misconduct or gross negligence on the part of Zorlu Air. Zorlu Air shall not be liable for any damage occasioned by delay if Zorlu Air took all measures that could reasonably be required to avoid the damage or that it was impossible for Zorlu Air to take such measures. h. Unless otherwise explicitly specified under the Charter Agreement, none of these conditions refers to a waiver of the liability exclusio...
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GENERAL LIABILITY PROVISIONS. The Utility for itself, its employees, agents and representatives, shall indemnify, protect and save harmless the City of Noblesville, the State of Indiana, and the LPA from and against any and all legal liabilities and other expenses, claims, cost, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction of property (hereafter “Claim”), arising out of intentional tortious acts or whether due in whole or in part to the negligent acts or omissions of the Utility, its employees or agents or contractors, in relation to or in connection with any work performed or to be performed pursuant to this agreement, provided however, that where the State has been found liable by a court, tribunal or governing body entitled to make such a determination for intentional tortious acts and/or negligence with respect to the occurrence or occurrences giving rise to the Claim, the Utility shall have no duty to indemnify, protect, or save harmless either the City of Noblesville, the State, or the LPA.
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GENERAL LIABILITY PROVISIONS. Each respective party for itself, its employees, agents and representatives, shall indemnify, protect and save harmless (“Indemnor”) the other party (“Indemnee”) from and against any and all legal liabilities and other expenses, claims, cost, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction of property (hereafter “Claim”), arising out of intentional tortious acts or whether due in whole or in part to the negligent acts or omissions of the Indemnor, its employees or agents or contractors, in relation to or in connection with any work performed or to be performed by Indemnor and related to this agreement, provided however, that where the Indemnee has been found liable by a court, tribunal or governing body entitled to make such a determination for intentional tortious acts and/or negligence with respect to the occurrence or occurrences giving rise to the Claim, the Indemnor shall have no duty to indemnify, protect, or save harmless the Indemnee.
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GENERAL LIABILITY PROVISIONS. (a) The indemnification obligations in this Article 3 and elsewhere in this Agreement unless otherwise expressly stated, apply even in the event of the active, passive or concurrent negligence, liability without fault or strict liability of any indemnified Person (but not to the extent of any intentional misconduct by an indemnified Person), and shall apply and remain in force notwithstanding the performance or nonperformance of any covenant or the truthfulness or accuracy of any representation or warranty contained in this Agreement or otherwise. (b) For purposes of allocating liability between Sellers and Buyers under the indemnity provisions of this Agreement, (i) Losses shall be deemed to be attributable to ownership, operation, maintenance, improvement, use or closure as of the time that an injury or alleged injury is suffered by a Person and not as of the time a claim or legal action is filed, and (ii) Losses relating to the failure of or release from an improvement, fixture or item of equipment shall be deemed to have occurred as of the time that the failure or release occurs and not as of the time that an allegedly deficient condition or maintenance act or omission occurs. (c) Nothing in this Agreement amends or modifies the Parties’ rights and obligations under the December 2002 Settlement Agreement. (d) Notwithstanding Sections 3.1 and 3.2, indemnification for Losses attributable to personal injury, death or damage to personal property resulting directly from the access of a Party or its employees or contractors on the property of another Party for the performance of activities permitted under the Easement Agreement or the Connection Agreements shall be governed exclusively by the Easement Agreement or the Connection Agreements respectively. (e) With respect to Asbestos or Silica Related Disease Losses, a claim that qualifies for coverage under Sections 3.1(d)(iii), 3.1(e)(iii), 3.1(f)(iii) or 3.1(g)(iii) within seven (7) years following the Closing Date shall not be void to the extent it relates to an employee of Buyers or their Affiliates who worked after the Closing Date at either the Refinery Buyer Properties or the CPL Properties, provided that (i) such person also was an employee of Seller Indemnitor or its Affiliates at either the Refinery Buyer Properties or the CPL Properties prior to the Closing Date; (ii) the Seller Indemnitor shall only be responsible for a percentage of the Losses associated with such claim, which percentage is calcu...
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GENERAL LIABILITY PROVISIONS. The indemnification obligations in Section 3.1 and Section 3.2 of this Agreement, unless otherwise expressly stated, apply even in the event of the active, passive or concurrent negligence or liability without fault of any Indemnitee (but not to the extent of any intentional misconduct by an Indemnitee), and shall apply and remain in force notwithstanding the performance or nonperformance of any covenant or the truthfulness or accuracy of any representation or warranty contained in this Agreement or otherwise.
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GENERAL LIABILITY PROVISIONS. (a) Notwithstanding the allocation of Abandonment Obligations in Schedule 1, Buyer shall be responsible to Sellers for any additional or increased costs of performing and paying Abandonment Obligations resulting from any material expansions or modifications to the applicable platforms, facilities or other property to be abandoned, or from any material modifications to the underlying permits, rights-of-way or other contract rights or land use rights granted by any Persons, if such modifications were made by Buyer or its representatives after the Closing Date. (b) For purposes of allocating liability between Sellers and Buyer under the indemnity provisions of this Agreement, Losses shall be deemed to be attributable to ownership, use, operation, maintenance, improvement or abandonment as of the time that an injury or alleged injury is suffered by a Person, and not as of the time that a claim or legal action is filed or as of the time that an allegedly deficient condition was created.
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GENERAL LIABILITY PROVISIONS 
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Related to GENERAL LIABILITY PROVISIONS

  • General Liability Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)

  • Liability Provisions (a) Notwithstanding any provision of the Main Agreement or this Appendix B, BNYM shall not be liable under this Appendix B under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, for exemplary, punitive, special, incidental, indirect or consequential damages, or for any other damages which are not direct damages regardless of whether such damages were or should have been foreseeable and regardless of whether any entity has been advised of the possibility of such damages, all and each of which damages is hereby excluded by agreement of the parties. (b) Notwithstanding any provision of the Main Agreement or this Appendix B, BNYM's cumulative, aggregate liability to the Company for any Loss, including Loss arising from Claims for indemnification pursuant to the Main Agreement and this Appendix B, that arises or relates to a term of this Appendix B, the recovery of which is not otherwise excluded or barred by another provision of this Agreement, shall not exceed the fees paid by Company to BNYM for use of the particular Component System with respect to which the claim of Loss was made for the six (6) months immediately prior to the date the last claim of Loss relating to the particular Component System arose. (c) In the event of a material breach of this Appendix B by BNYM with respect to the operation of a particular Component System, Company's sole and exclusive termination remedy shall be to terminate the Licensed Rights granted by this Appendix B to the particular Component System with respect to which the material breach occurred by complying with the notice and cure period provisions in the Main Agreement applicable to a material breach of the Agreement, but the Company shall not be entitled to terminate any other provision of the Agreement or the Licensed Rights with respect to any other Component System. For purposes of clarification: The foregoing sentence is not intended to restrict, modify or abrogate any remedy available to a Company under another provision of the Agreement for a breach of Appendix B by BNYM other than the termination remedy.

  • General Liability and Property Damage With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to:

  • General Liability Insurance The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract.

  • General Liability Coverage The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

  • The General Liability and Property Damage coverages required for performance of this Agreement shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, then the required Automotive Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

  • General liability insurance endorsement The following are required: (i) ADDITIONAL INSURED endorsement naming the District, its Board of Trustees, and their officials, employees, volunteers, and agents as additional insureds. (ii) CANCELLATION endorsement which provides that the District is entitled to 30 days prior written notice of cancellation or nonrenewal of the policy, or reduction in coverage, by certified mail, return receipt requested. (iii) CONTRIBUTION NOT REQUIRED endorsement which provides that the insurance afforded by the general liability policy is primary to any insurance or self-insurance of the District, its Board of Trustees, or their officials, employees, volunteers, or agents as respects operations of the Named Insured. Any insurance maintained by the District, its Board of trustees, or their officials, employees, volunteers, or agents shall be in excess of Contractor's insurance and shall not contribute to it. (iv) SEVERABILITY OF INTEREST endorsement which provides that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) ADDITIONAL INSURED COVERAGE NOT AFFECTED BY INSURED'S DUTIES AFTER ACCIDENT OR LOSS endorsement. The policy must be endorsed to provide that any failure to comply with the reporting provisions of the policy shall not affect coverage to the District, its Board of Trustees, or their officials, employees, volunteers, or agents.

  • General Liability and Automobile Liability Coverages a. City, its officers, agents, employees, and volunteers are to be included as insureds as respects damages and defense arising from: activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, employees, or volunteers. b. Contractor's insurance coverage shall be Primary insurance with respect to the City, its officers, agents, employees, and volunteers. Any insurance or self- insurance maintained by City, its officers, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute with it in any way. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, employees, or volunteers. d. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

  • Commercial General Liability and Automobile Liability Coverages a. The City of San Xxxx, its officers, employees, agents and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of, GRANTEE; products and completed operations of GRANTEE; premises owned, leased or used by GRANTEE; and automobiles owned, leased, hired or borrowed by GRANTEE. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents and contractors. b. GRANTEE's insurance coverage shall be primary insurance as respects CITY, its officers, employees, agents and contractors. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or contractors shall be excess of GRANTEE's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by GRANTEE shall not affect coverage provided CITY, its officers, employees, agents, or contractors. d. Coverage shall state that GRANTEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain waiver of subrogation in favor of the City of San Xxxx, its officers, employees, agents and contractors.

  • Commercial General Liability and Automobile Liability Insurance Commercial General Liability Insurance and Any Auto Automobile Liability Insurance that shall protect the Consultant, the District, and the State from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising performing any portion of the Services. (Form CG 0001 and CA 0001, or forms substantially similar, if approved by the District.)

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