INDEMNITY AND DISCLAIMER. 21.1 Licensor hereby agrees to defend, indemnify and hold the Licensee and/or any of its related entities, officers, directors, employees, and/or agents (“Licensee Indemnitees”) harmless against any and all legitimate bona fide claims, demands, causes of action, damages and judgments of any third parties arising solely out of the use of the XXXXX BAHAMA Marks by the Licensee in accordance with this Agreement or material breach of any representation or warranty made by Licensor of this Agreement, provided that the Licensee shall give notice to the Licensor within ten (10) business days after notification of each such claim, demand, cause of action or judgment. With respect to the foregoing indemnity, the Licensor agrees to defend and hold the Licensee harmless including, but not limited to, reasonable attorney’s fees, expert fees and court costs. The Licensor shall have the right to undertake and conduct the defense of any cause of action so brought and handle any such claim or demand with attorneys of its own selection. The provisions of this paragraph and Licensor’s obligations hereunder shall survive the expiration or termination of this Agreement Notwithstanding anything stated in this paragraph, Licensor has no duty to indemnify or otherwise hold harmless the parties provided for herein in the event the claims, demands, causes of action and judgments of any third parties are caused by Licensee’s breach of this Agreement or any negligence on the part of the Licensee and/or any of the Indemnitees as defined in this section.
21.2 Licensee hereby agrees to defend, indemnify and hold the Licensor and/or any of its related entities, officers, directors, employees and/or agents (“Indemnitees”) harmless against any and all claims, demands, causes of action and judgments arising out of Licensee’s manufacture, distribution, shipment, advertising, promotion, offering for sale and/or sale of Licensed Products and/or the promotional and packaging material depicting such XXXXX BAHAMA Marks or relating to any breach by Licensee of this Agreement (or a claimant’s allegation of facts that, if true, would constitute such a breach) provided that the Licensor shall give notice to the Licensee within ten (10) business days after notification of each such claim, demand, cause of action or judgment. With respect to the foregoing indemnity, the Licensee agrees to defend and hold the Licensor harmless at no cost or expense to the Licensor whatsoever, including, but not limited...
INDEMNITY AND DISCLAIMER. LICENSOR MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO ANY SERVICES RENDERED BY LICENSEE UNDER THE MARKS AND DISCLAIMS ALL LIABILITY TO LICENSEE OR TO THIRD PARTIES FOR LOSSES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH SUCH SERVICES. LICENSEE AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LICENSOR AND ITS GENERAL PARTNERS, LIMITED PARTNERS, AFFILIATES, AGENTS AND ASSIGNEES FROM AND AGAINST ALL CLAIMS, JUDGMENTS, ACTIONS, DEBTS OR RIGHTS OF ACTION, OF WHATEVER KIND, AND ALL COSTS, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF THE RENDITION OF SERVICES BY LICENSEE UNDER THE MARKS. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
INDEMNITY AND DISCLAIMER. TBS shall not be responsible for any injuries, damages, penalties, claims or losses including legal expenses incurred by Customer or any other person caused by the installation, selection, ownership, possession, maintenance, condition or use of the Equipment. Customer agrees to reimburse TBS for and to defend TBS against any claims for such losses, damages, penalties, claims, injuries or expenses. This indemnity shall continue even after this Contract has expired. IN NO EVENT WILL TBS BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, EXPECTANCY OR INDIRECT DAMAGES EVEN IF TBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXECPT AS OTHERWISE SET FORTH HEREIN, TBS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATION OR WARRANTY ARISING OUT OF USAGE AND TRADE, COURSE OR DEALING OR COURSE OR PERFORMANCE. EXCEPT AS PROVIDED HEREIN, THE PARTS AND SERVICES ARE PROVIDED “AS IS.”
INDEMNITY AND DISCLAIMER. 2.1 The Registrant hereby agrees to defend, indemnify and hold harmless the Trustee Agent against any and all claims, actions, demands, liability, loss, damages, costs, professional and other expenses of any nature whatsoever sustained, incurred, paid by or suffered by the Trustee Agent arising out of or related to the Registrants usage of the domain name.
2.2 The Trustee Agent shall not be liable to the Registrant or responsible for:
2.2.1 The availability of the domain name applied for; and/or
2.2.2 Any type of cost or lost profits that may arise directly or indirectly as a result of any interruption in the usage of the domain name while the domain name is placed on hold, redirected or forwarded to a new domain name server as a result of any alleged IP infringement or any other alleged criminal use by the Registrant, even if the Registrant is later cleared of any suspicion following a court ruling or any other type of administrative process.
INDEMNITY AND DISCLAIMER. 7.12.1 OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY CON- TRACTOR FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESC- RIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF CONTRACTOR UNDER THIS CONTRACT, INCLUD-ING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN- MENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNI- FICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS CONTRACT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF THE CONTRACTOR’S AS WELL AS THE OWNER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE.
7.12.2 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non-contributory as to any insurance maintained by the Owner for its own benefit, including self- insurance. In addition, Contractor shall obtain and file with Owner a Certificate of Insurance and copies of policy endorsements evidencing the required coverage.
7.12.3 In claims against any person or entity indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.
INDEMNITY AND DISCLAIMER. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to California Government Code Section 895.4, CITY shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. It is also agreed that, pursuant to California Government Code Section 895.4, DISTRICT shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement.
INDEMNITY AND DISCLAIMER. To indemnify and keep indemnified the Customer from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Customer resulting from a breach of this agreement by the Company including any act neglect or default of the Company’s employees or agents provided that the Company shall have no liability:
(i) in respect of loss of information whether or not caused by neglect or default of the Company its servants or agents and
(ii) for consequential loss or damage nor the delay or failure on the part of third party suppliers.
(iii) for any errors not corrected by the Customer where the Customer has been provided with proofs. The Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
(iv) where the Customer has specifically waived any requirement to examine proofs and in this event the Company shall be indemnified by the Customer against all and any errors in the finished Works.
(v) where there are differences in equipment, paper, inks and other conditions between colour proofing and production runs resulting in a reasonable variation in colour between colour proofs in which event the completed job will be deemed acceptable unless otherwise agreed in writing.
INDEMNITY AND DISCLAIMER. 19.1. You agree to indemnify BQTX Exchange and its entirety of afiliates and hold them harmless from and against all third party claims except BQTX Exchange’s breach of these
INDEMNITY AND DISCLAIMER. 6.1. You hereby unconditionally and irrevocably indemnify GO FETCH THAT and hold GO FETCH THAT harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by GO FETCH THAT as a result of any claim instituted against GO FETCH THAT by a third party (other than you) as a result of (without limitation):
6.1.1. your access to or use of this website, any software, services, products, features or facilities offered on this website in a manner other than as allowed or prescribed; or
6.1.2. any infringement by you of the Intellectual Property Rights of any third party; or 6.
1.3. any other cause whatsoever relating to your access to or use of this website, any software, products, services, features or facilities offered on this website where you have acted wrongfully or failed to act when you had a duty to so act.
6.2. In addition to and without prejudice to any other limitations of liability provided for in these terms and conditions or any other agreement and to the fullest extent permitted by applicable law, GO FETCH THAT shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to these terms and conditions, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that GO FETCH THAT is liable to you for any damages, GO FETCH THAT’s liability to you for any damages howsoever arising shall be limited to the sum of R1000.00 (One Thousand Rand).
INDEMNITY AND DISCLAIMER. 9.1 LICENSEE shall forever and hereby does release, indemnify, defend and save LICENSOR harmless from any and all demands and liabilities or other claims of whatever nature arising out of the manufacture, use or sale by LICENSEE of Licensed Articles whether on account of defects in manufacture by LICENSEE, or design otherwise.
