Indemnification Liability. (a) The Licensee will be liable for and will indemnify and save harmless the Owner, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Owner Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Licensee of its obligations under this Agreement or any negligent act or omission relating to the Licensee’s use and occupation of the Equipment Room, the Building or the Lands under this Agreement, provided that the Licensee will not be required to indemnify the Owner Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Owner Indemnitees. Notwithstanding the foregoing, in no event will the Licensee be liable for or indemnify and save harmless any of the Owner Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages.
(b) The Owner will be liable for and will indemnify and save harmless Licensee, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Licensee Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Owner of its obligations under this Agreement or any negligent act or omission relating to the Owner’s ownership or management of the Building or the Lands under this Agreement, provided that the Owner will not be required to indemnify any Licensee Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Licensee Indemnitees. Notwithstanding the foregoing, in no event will the Owner be liable for or indemnify and save harmless any of the Licensee Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of...
Indemnification Liability a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, agents, representatives and employees (collectively, including the City, “City Personnel”) from and against any and all liabilities, demands, claims, suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind, including costs, attorneys’, witnesses’ and expert witnesses’ fees, and expenses incident thereto (all of the foregoing, collectively “Claims”) imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i) services or materials provided under this Agreement by Contractor or its officers’, agents’, or employees’ (collectively, including Contractor, “Contractor Personnel”): (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement. Contractor’s indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel.
b. The City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided services or materials.
Indemnification Liability a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services.
Indemnification Liability. Any terms or conditions requiring the Government to indemnify the party shall be deemed void and not binding against the Government as it would create an Anti-Deficiency Act violation (31 U.S.C. 1341). The Government agrees to pay for any loss, liability or expense, which arises out of or relates to the Government’s acts or omissions with respect to its obligations subject to a final determination of liability on the part of the Government as established by a court of law having competent jurisdiction or where settlement has been agreed to by the Government agency with, and where appropriate, coordination of the Department of Justice. This provision shall not be construed to limit the Government’s rights, claims or defenses which arise as a matter of law or pursuant to any other agreement.
Indemnification Liability. Any terms or conditions requiring the Government to indemnify the party shall be deemed void and not binding against the Government as it would create an Anti-Deficiency Act violation (31 U.S.C. 1341). The Government agrees to pay for any loss, liability or expense, which arises out of or relates to the Government’s acts or omissions with respect to its obligations subject to a final determination of liability on the part of the Government as established by a court of law having competent jurisdiction or where settlement has been agreed to by the Government agency with, and where appropriate, coordination of the Department of Justice. This provision shall not be construed to limit the Government’s rights, claims or defenses which arise as a matter of law or pursuant to any other agreement. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
Indemnification Liability. Independent Contractor and UOMO each agree to indemnify and hold the other harmless, including UOMO’s employees, officers, directors, stockholders, successors and assigns against all third party claims, damages, liabilities, costs, expenses, and judgments, including reasonable outside attorneys' fees, resulting from claims arising from the fulfillment of each parties respective obligations contained in this Agreement which have been reduced to final adverse judgment or settled with consent.
Indemnification Liability. 11.1 The Client agrees to indemnify, save and hold harmless Cleverbox UK Ltd from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of the Client’s responsibilities or obligations, representations or warranties under this Agreement.
11.2 Cleverbox UK Ltd shall have no obligation to defend or otherwise indemnify the Client for any claim or adverse finding of fact arising out of or due to the Client content, any unauthorised content, improper or illegal use, or the failure to update or maintain any deliverables provided by Cleverbox UK Ltd.
11.3 Cleverbox UK Ltd cannot be held responsible for anything adversely affecting the Client’s business, operation, sales or profitability that the Client might claim is a result of a service offered by Cleverbox UK Ltd.
11.4 Cleverbox UK Ltd has no control of, or responsibility for, the content of the Client’s website. In no way does the textual or image based content of the Client’s website constitute Cleverbox UK Ltd endorsement, or approval of the website or the material contained within the website. Cleverbox UK Ltd has not verified any of the materials, images or information contained within the Client website to see if they are of an immoral, illegal or adult nature and is not responsible for the content or performance of the website. Cleverbox UK Ltd provides links or references to the Client’s website solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but Cleverbox UK Ltd do not guarantee or warrant that such links will point to the intended Client site at all times.
11.5 Nothing in this agreement shall operate to exclude or limit the liability of Cleverbox UK Ltd for:
(a) death or personal injury caused by its negligence; or
(b) any breach of the terms implied by section 12 of the Sale of Goods Xxx 0000 or section 2 of the Supply of Goods and Services Xxx 0000; or
(c) fraud; or
(d) any other liability which cannot be excluded or limited under applicable law.
11.6 Cleverbox UK Ltd shall not be liable to the Client for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
11.7 Subject to clause 11.5, the aggregate liability of Cleverbox UK Ltd in respect of claims based on events in any calendar year arisi...
Indemnification Liability. Employee shall be indemnified by the Bank and the Company to the maximum extent permitted by law (and shall be entitled to receive advances to the maximum extent permitted by law) with respect to all actions and all decisions not to act taken by Employee during the term of this Agreement. The Bank and Company shall be jointly and severally liable under this Agreement with respect to all obligations of either such party hereunder. Any defense available to the Bank that this Agreement is not enforceable against it shall not constitute a defense for the Company. The obligations of this Section 11 shall survive termination of this Agreement with respect to acts or omissions occurring prior to such termination.
Indemnification Liability. Camper shall indemnify Campground and shall hold Campground harmless from and against any and all claims, actions, damages, liabilities, and expenses, including attorneys’ fees, in connection with any occupant, invitee, or guest in, upon or at the Campsite arising out of or caused by the occupancy or use of the Campsite or any part thereof when the same is occasioned, wholly or in part, by an act or omission of Camper, its occupant, invitee, or guest including, without limitation, any accident, injury, or damage to any person or property, or by reason of Camper’s breach or default in the performance of Camper’s obligations under this Agreement. If the Campground shall, without fault on its part, be made a party to any litigation commenced by or against Camper, the Camper shall protect and hold the Campground harmless and pay all costs, expenses, and attorneys’ fees incurred or paid by Campground in connection with such litigation. Camper’s indemnification of Campground under this section shall survive the expiration or termination of this Agreement. Camper shall read and is familiar with Wis. State Statute 895.525 (3) & (4). Campground shall not be liable to Camper, and Camper hereby waives all claims against Campground, for: any injury or damage to any person or property in or about the Campsite, or any equipment becoming out of repair or for the interruption of electrical service or any other utility service to the Campsite, any act or neglect of Campground or of other campers or occupants or employees in the Campground, or any other thing or circumstance whatsoever. All property in or about the Campsite belonging to Camper, its guests or invitees shall be there solely at the risk of Camper. If Campground fails to perform any of Campground’s obligations under this Agreement and, as a consequence, Camper recovers a money judgement against Campground, the judgement shall be satisfied only out of the proceeds of sale (received upon execution of the judgement) of Campground’s title in the Campground, and no officer or member of Campground shall be personally liable for any deficiency. Failure of Campground to insist upon compliance with the terms of this Agreement shall not constitute a waiver of any violation. No waiver by Campground of any provision of this Agreement shall not be deemed a waiver of any other provision hereof or of any subsequent breach by Camper of the same or any other provision.
Indemnification Liability. 9.1. The Supplier shall indemnify and save harmless NSH and IWK, their employees, servants and agents from and against all damages, costs, loss, expenses (including legal fees), claims, actions, suits of other proceedings of any kind or nature, which they, or any of them, may at any time incur or sustain as a result of or arising out of an Event of Default, or any act, omission or negligence of the Supplier, or any of its employees, servants, agents, or subcontractors, in the performance of this Agreement, including without limitation, any injury or death to persons, or loss of or damage to property. Notwithstanding the foregoing, the Supplier shall not be liable for any indirect or consequential damages sustained by NSH or IWK unless such damages result from the negligence or willful default of the Supplier, its servants, agents or subcontractors.
9.2. NSH and/or IWK shall not be liable for any damages or injury (including death) to any person or to any property of the Supplier as a result of or arising out of this Agreement or the provision of Services by the Supplier under this Agreement, unless such damages are direct damages, and are caused solely and directly by or as a result of the negligence of NSH/IWK. In no event shall NSH and/or IWK be liable for any indirect or consequential damages that are sustained by the Supplier, howsoever caused, as a result of or arising out of this Agreement or the provision by the Supplier of any Services hereunder.
