Indemnification and Limitations of Liability. 8.1. Company shall not be liable to the introduced Client and/or Affiliate for any partial or non-performance of its obligations hereunder by reason of any cause beyond reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, Market, clearing house or regulatory or self- regulatory organization, for any reason, to perform its obligations.
Indemnification and Limitations of Liability. TRP agrees to and does hereby indemnify, hold harmless, and save from liability GTARC, Staff Members, the NIEF Center, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia, including their officers and employees, from and against any and all claims, demands, and actions arising out of or relating to TRP’s use of any and all Trustmarks issued by the NIEF Center.
Indemnification and Limitations of Liability. Agency agrees to and does hereby indemnify, hold harmless, and save from liability GTARC, Staff Members, the NIEF Center, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia, including their officers and employees, from and against any and all claims, demands, and actions arising out of or relating to Agency’s use of any and all trustmarks issued in accordance with this Agreement. GTARC, THE NIEF CENTER, AND THE GEORGIA INSTITUTE OF TECHNOLOGY DISCLAIM ANY AND ALL WARRANTIES BOTH EXPRESS AND IMPLIED WITH RESPECT TO THE SERVICES TO BE PERFORMED HEREUNDER AND ANY DELIVERABLES RESULTING THEREFROM, INCLUDING THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS THEREIN, AND THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, VALIDITY OF ANY INTELLECTUAL PROPERTY RIGHTS OR CLAIMS, OR NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
Indemnification and Limitations of Liability. TRP agrees to and does hereby indemnify, hold harmless, and save from liability Trustmark Provider, including its officers and employees, from and against any and all claims, demands, and actions arising out of or relating to TRP’s use of any and all trustmarks issued by Trustmark Provider.
Indemnification and Limitations of Liability. A. Q Comm shall exercise its best efforts to avoid network service interruption. However, in the event of a network service interruption or equipment failure, Q Comm's liability hereunder shall be limited to the retail cost of the PINs subject to the interruption, provided that such interruption was caused solely by Q Comm's willful act or omission or its negligence. Q Comm shall not be liable for any interruption caused by the negligence or any act or omission of Distributor, the Card user, carrier, switch provider or any third party.
B. Except as otherwise stated herein each party will defend, indemnify and hold harmless the other party, its owners, parents, affiliates, subsidiaries, agents, directors, officers, shareholders, and employees from and against any and all losses, costs, claims, awards, liabilities, damages, and expenses (including reasonable attorneys fees) brought or claimed by third parties, relating to or arising out of the negligence or willful misconduct of either party in the performance of this Agreement.
C. Q COMM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR OTHER WARRANTY OF QUALITY, EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN NO EVENT SHALL Q Comm BE LIABLE TO DISTRIBUTOR OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS.
Indemnification and Limitations of Liability. 7.1 To the extent permitted by applicable Florida law and without waiving sovereign immunity, each Party shall indemnify, defend, save and hold harmless the other Party, its Employees and agents, from and against any and all third-party claims, damages, liabilities, demands, losses and expenses, including attorneys’ fees and costs, arising out of, resulting from, or connected with any act, omission, failure to act, negligence or fault relating to the indemnifying Party’s acts and responsibilities provided for in this Agreement. Notwithstanding the foregoing, any liability arising under this section shall be limited to the amounts set forth in Section 768.28, Florida Statutes, regardless of whether the claim arises in tort, contract, or otherwise.
7.2 All the privileges and immunities from liability, exemptions from law, ordinance, resolutions and rules, and all pensions and relief, disability, workers’ compensation and other benefits that apply to the activity of an Employee when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury of Employees, and for loss or damage of equipment, shall be borne by the Party employing such Employees, and owning or possessing such equipment.
7.3 Nothing herein shall be interpreted as a waiver by the Parties of their respective rights, including the limitations of the waiver of immunity as set forth in Section 768.28, Florida Statutes, or any other statutes or immunities. Each Party to this Agreement expressly reserves these rights to the full extent allowed by law.
Indemnification and Limitations of Liability. To promote cooperation among the Parties, to avoid duplication of costs, and to carry out the purposes of this Agreement, the Parties agree to the following provisions for indemnification and limited liability.
(a) First Party Claims ColumbiaGrid shall not be liable to any other CIP -014 Transmission Owner for any loss or damage to the equipment or Electric System of such other CIP -014 Transmission Owner, or any loss or damages for bodily injury (including death) that such other CIP -014 Transmission Owner or its employees may incur arising out of this Agreement or its performance.
Indemnification and Limitations of Liability. (a) Contractor hereby agrees to indemnify and hold harmless Company from and against any and all loss, cost, claim, expense or liability (including but not limited to attorney's fees) resulting from the loss of life of or personal injury to the officers, employees or agents of Contractor or the damage to or loss of the property of Contractor, its officers, employees or agents, arising from, incident to or occurring in connection with the performance by Contractor of its obligations under this Agreement or the presence of its officers, employees or agents of Contractor on the property of Company; provided, however, the foregoing indemnification shall not extend to loss of life, personal injury or property loss or damage caused solely by the negligence of Company;
(b) Except as provided in subsection (a) above, each party hereto agrees to indemnify and hold harmless the other party from and against any and all loss, cost, claim, expense or liability (including but not limited to attorney's fees), resulting from the loss of life of or personal injury to any person or the loss of or damage to any property arising from, incident to or in connection with the negligent acts or omissions of the indemnifying party; provided, however, the responsibility of the indemnifying party to indemnify the other party shall be reduced in proportion to the negligence of the other party, if any, which proximately contributed to said loss of life, personal injury or property loss or damage.
(c) The indemnification extended by Contractor to Company under this Agreement shall extend not only to Norfolk Southern Corporation but also to Norfolk Southern Railway Company and any corporate affiliate or subsidiary of Norfolk Southern Corporation or Norfolk Southern Railway Company and their officers, agents, employees, and customers. In the event that this Agreement has been issued by either Norfolk Southern Corporation or Norfolk Southern Railway Company as agent for Consolidated Rail Corporation, the indemnification extended by Contractor to Company under this Agreement shall extend also to Consolidated Rail Corporation and its subsidiaries and affiliates and their officers, agents, employees and customers.
(d) The indemnity provided hereunder shall be without additional charge.
(e) The parties agree that the Company will limit Contractor’s liability to Company or any third party relating to Contractor’s negligent acts, errors or omissions such that Contractor’s total maximum aggregate...
Indemnification and Limitations of Liability. In addition to Developer’s indemnity obligations in Section 4.19, and to the extent permitted by law, each Party (the “Indemnifying Party”) shall defend, indemnify and hold harmless the other Party and the directors, officers, shareholders, partners, members, agents and employ- ees of such other Party, and the respective affiliates of each thereof (individually an “Indem- nified Party” and collectively the “Indemnified Parties”), from and against all loss, damage, expense, liability and other claims, including court costs and reasonable attorneys’ fees (col- lectively, “Liabilities”) resulting from any third party actions for injury to or death of per- sons, and damage to or loss of property to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of the Indemnifying Party (or its contractors, agents or employees) in connection with this Development Agreement or the PPA; provided, however, that nothing herein shall require the Indemnifying Party to indemnify an Indemni- fied Party for any Liabilities to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of such Indemnified Party. This Section 8.1 howev- er, shall not apply to liability arising from any form of hazardous substances or other envi- ronmental contamination, such matters being addressed exclusively by Section 4.19 hereof.
Indemnification and Limitations of Liability. MCRA agrees to indemnify, defend and hold harmless Company and Company’s directors, officers, employees, agents, members, and affiliates from and against any and all third party claims, suits, actions, damages, expenses, costs, fees (including reasonable attorney’s fees) and liabilities for any injury or damage (collectively, “Losses”) arising out of or in connection with (i) MCRA’s gross negligence or willful misconduct in the performance of the Services under this Agreement (ii) the non-fulfillment or breach by MCRA of any agreement or covenant set forth in this Agreement or in any Work Order, or (iii) the inaccuracy or breach of any representation or warranty made by MCRA in this Agreement or in any Work Order, but excluding in each case any Losses caused by Company’s gross negligence or willful misconduct. Notwithstanding anything to the contrary contained herein, in no event shall MCRA’s liability to Company for Losses exceed the fees actually received by MCRA for the specific Services that resulted in MCRA’s obligation to indemnify. Company agrees to indemnify, defend and hold harmless MCRA and MCRA’s managers, officers, employees, agents, members, and affiliates from and against any and all Losses arising out of or in connection with (i) Company’s gross negligence or willful misconduct, (ii) the non-fulfillment or breach by Company of any agreement or covenant set forth in this Agreement or in any Work Order, (iii) products liability, breach of warranty, unfair trade practices or similar claims arising out of Company products that MCRA provides Services hereunder, (iv) claims relating to Company’s infringement of the intellectual property rights of a third party, or (v) the inaccuracy or breach of any representation or warranty made by Company in this Agreement or in any Work Order, but excluding in each such case any Losses caused by MCRA’s gross negligence or willful misconduct. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ITS AFFILIATES FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE including, but not limited to, loss of profits or revenue, business or goodwill, in connection with any injury, loss or damage arising out of the Services. Each Party acknowledges and agrees that its sole and exclusive remedy with respect to any claims for indemnification relating to the subject matter of this Agreement shall be pursuant to the provisions ...
