Indemnity and compensation. The Retailer indemnifies the State in respect of any liability, loss or expense incurred arising out of or in connection with, a breach of the obligations of the Retailer under this clause 13 or the Privacy Act 1988 (Cwlth), except to the extent that the State caused or contributed to the relevant liability, loss or expense.
Indemnity and compensation. The Customer hereby agrees to indemnify the Bank for all Loss, damages, and costs that the Bank may suffer or incur, directly or indirectly, in connection with, or as a result of, including all Loss, damages, and costs arising from, any claim or proceedings related to:
(a) the provision of the Trade Service by the Bank to the Customer in accordance with the Customer's Request sent to the Bank under the Trade Service Documents;
(b) any claim by a third party concerning the Trade Service, except for a claim caused by a reason directly and solely attributable to the Bank’s gross negligence and wilful misconduct;
(c) any Loss caused by any error in the information and/or Request(s) provided by the Customer, or in the encoding, decoding, or processing thereof, provided that such Loss is not caused by the gross negligence or willful misconduct of the Bank; or
(d) any event caused by the Customer's failure to perform its obligations under any Trade Service Documents.
Indemnity and compensation. 7.1 Except for the negligence or willful misconduct of the Owner, its employees, agents, contractors, subcontractors and those persons for whom the Owner is responsible in law, EPCOR shall:
(a) be liable to the Owner for; and
(b) indemnify and save harmless the Owner, its employees, agents, contractors, subcontractors and those persons for whom the Owner is responsible in law from and against any and all claims, suits, actions, demands, expenses, damages and costs which may be brought or made against the Owner or which the Owner may pay or incur by reason of any breach, violation or non-performance by EPCOR of any covenant, term or provision of this Agreement, or by reason of the gross negligence of EPCOR, its agents, employees, contractors, subcontractors and those persons for whom EPCOR is responsible in law, in the exercise of the rights as granted to EPCOR under this Agreement.
Indemnity and compensation. 11.1 The Customer hereby agrees to indemnify the Bank for all Losses, damages, and costs that the Bank may suffer or incur, directly or indirectly, in connection with, or as a result of, including all Losses, damages, and costs arising from, any claim or proceedings related to:
(a) the provision of the Service by the Bank to the Customer in accordance with the Customer's Instruction sent to the Bank under the Cash Management Documents;
(b) any claim by a third party concerning the Service, except for a claim caused by a reason directly and solely attributable to the Bank;
(c) any Loss caused by any error in the information and/or Instructions provided by the Customer, or in the encoding, decoding, or processing thereof, provided that such Loss is not caused by the gross negligence or willful misconduct of the Bank; or
(d) any event caused by the Customer's failure to perform its obligations or the Customer’s misrepresentation under any Cash Management Document.
11.2 The Customer agrees to indemnify the Bank against any sum that has been transferred due to the loss or theft of the funds transfer device before the Bank completes the termination or suspension of the use of that funds transfer device or the pre-arranged funds transfers according to the relevant terms under the Cash Management Documents.
Indemnity and compensation. (a) The Supplier shall indemnify the Company if the Delivery involves any third party patent or other intellectual property rights, except when this is a necessary consequence of the Company's specifications and the Supplier did not know or should have known that such intervention was present.
(b) The Company may claim compensation for all damages and costs arising from personal injury or damage caused by the Delivery or its use.
Indemnity and compensation. 7.1 EPCOR acknowledges and agrees that, in exercising any of its rights under this Easement Agreement, it shall do so at its own risk and expense. Unless the loss or damage is directly attributable to the negligence or willful misconduct of the Owner, its elected officials, officers, employees and agents and those persons for whom the Owner is responsible in law, EPCOR shall not have a claim against the Owner for any loss or damage by whomsoever caused to EPCOR’s property. Except for the gross negligence or willful misconduct of the Owner, its employees, agents, contractors, subcontractors and those persons for whom the Owner is responsible in law, EPCOR shall:
(a) be liable to the Owner for; and
(b) indemnify and save harmless the Owner, its employees, agents, contractors, subcontractors and those persons for whom the Owner is responsible in law from and against any and all claims, suits, actions, demands, expenses, damages and costs which may be brought or made against the Owner or which the Owner may pay or incur by reason of any breach, violation or non-performance by EPCOR of any covenant, term or provision of this Agreement or by reason of the gross negligence or willful misconduct of EPCOR, its agents, employees, contractors, subcontractors and those persons for whom EPCOR is responsible in law, in the exercise of the rights as granted to EPCOR under this Agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by EPCOR in accordance with this Easement Agreement and shall survive this Easement Agreement.
Indemnity and compensation. In addition to the compensation required by Section 4.5.1, the Borrowers shall indemnify and compensate each Bank against all liabilities, losses or expenses (including loss of margin, any loss or expense incurred in liquidating or employing deposits from third parties and any loss or expense incurred in connection with funds acquired by the Bank to fund or maintain any portion of the Term Loans subject to the Euro-Rate) which the Bank sustains or incurs as a consequence of any default by the Borrowers in the performance or observance of any covenant or condition contained in this Agreement or any other Loan Document, including any failure of the Borrowers to pay when due (by acceleration or otherwise) any principal, interest or any other amount due hereunder. If the Bank sustains or incurs any such loss or expense, it shall from time to time notify the Borrowers of the amount determined in good faith by the Bank (which determination may include such assumptions, allocations of costs and expenses and averaging or attribution methods as the Bank shall deem reasonable) to be necessary to indemnify and compensate the Bank for such loss or expense. Such notice shall set forth in reasonable detail the basis for such determination and shall be binding absent manifest error. Such amount shall be due and payable by the Borrowers to the Bank ten (10) Business Days after such notice is given.
Indemnity and compensation. 16. Term and Termination 17. Support and Contacting Us 18. Restrictions
Indemnity and compensation. Agreement
Indemnity and compensation. You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs, and liabilities (including legal fees) relating to or arising from your use of the Game or arising from any breach or suspected breach of this XXXX by you or your violation of any law or the rights of any third party. You further agree that we would be irreparably damaged if the terms of this XXXX were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this XXXX, in addition to such other remedies as we might otherwise have available under applicable laws. Our licensors shall be third-party beneficiaries under this XXXX and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
