Indemnity and Limit of Liability. 25.1 The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company:
(a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or
(b) Concerning any instruction given to the Company by an authorised representative of the Client; and/or
(c) Concerning any instruction which appears to the Company to be given by an authorised representative of the Client; and/or
(d) Where the Client and/or the authorised representative of the Client and/or any person who appears to the Company to be an authorised representative of the Company has provided false and/or misleading information for any transaction.
25.2 This his Indemnity shall survive the termination of this Agreement. The Company shall not be liable for the following:
(a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or
(b) any acts or omissions of an authorised representative or a person who appears to the Company to be an authorised representative of the Client which provide the Company with false and/or misleading information about the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or
(c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline occurred as a direct consequence of the Company’s deliberate actions or omissions.
(d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms;
(e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.
Indemnity and Limit of Liability. 21.1 The Client must indemnify the Company and keep the Company indemnified against all losses, expenses, costs and liabilities (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by the Company as a result of or in connection with any of the following:
a) the Terms have been violated by the Client; or
b) the Company enters into any transaction or Contract.
21.2 This indemnity shall endure termination of the Terms.
21.3 The Company is not liable for a) any loss, expense, cost or liability (together “Loss”) incurred by the Client unless such Loss is incurred as a result of the Company’s gross negligence or intended default of obligations ; or
Indemnity and Limit of Liability. Under no circumstances will CDC be responsible for: Any actions of the Investor or the Broker carried out in breach of the terms of this Agreement; Any losses to third parties, Investor or Broker caused due to misrepresentation, wrong commitment, negligence, fraud or wilful misconduct by any such third party, the Investor or Broker, as the case may be; Any loss or claim that has arisen due to a breach of any other term of this Agreement by the Broker and/or the Investor. Any trade settled by CDC which appears to be emanating from the Investor through the Broker as depicted on the KSE trade feed send to the CDC. Rejection and/or refusal by CDC to settle and close any/all trades posted for and on behalf of the Investor for which the cash/securities balance in the Account of the Investor is insufficient to cover the particular trade. Any effect on the Investor’s ability to carry out trading in Govt. Bonds due to the position of his Account as given by CDC to KSE on a daily basis. Any effect on the Investor’s ability to carry out trading in Govt. Bonds due to a Pledge created on the Govt. Bonds in the Account by the Broker or the inability of the Investor to meet the margin requirements prescribed by NCCPL. The Broker and the Investor hereby unconditionally and irrevocably indemnifies and agrees to hold CDC and officers and directors harmless from and against all actions from and against claims, demands, liabilities, losses, damages, costs, charges and expenses of whatsoever nature, including legal fees (collectively the “Losses”) which may result or which CDC (or any of its directors, officers, advisors, agents or shareholders) may sustain, suffer or arising out of any objections, notices, actions, suits, proceedings (civil and criminal), inquiries, investigations or otherwise that may be initiated by (i) any party who may claim to have suffered a loss as a result of any action/inaction by the Broker and/or the Investor (ii) any regulators, such as the Securities and Exchange Commission of Pakistan, the KSE, the NCCPL or the SBP, etc. and/or (iii) any investigating agencies, such as Federal Investigation Agency, National Accountability Bureau, Anti-Narcotic Agency, Anti-Money Laundering Cell and such other authorities, or (iv) any Losses generally incurred by CDC in connection with or arising in any way whatsoever as result of any action/inaction, negligence or wilful misconduct of the Broker/Investor. The Investor hereby further confirms to hold CDC harmless...
Indemnity and Limit of Liability. 25.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company:
(a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or
(b) In relation to any instruction given to the Company by an authorised representative of the Client; and/or
(c) In relation to any instruction, which appears to the Company to be given by an authorised representative of the Client; and/or
(d) Where the Client and/or the authorised representative of the Client and/or any person which appears to the Company to be an authorised representative of the Company, has provided false and/or misleading information for any transaction. 25.2. This Indemnity shall survive the termination of this Agreement.
Indemnity and Limit of Liability. 1. The City and Xxxxxx each agrees to defend, indemnify and hold harmless the other, and its respective directors, officers, members, shareholders, agents and employees from and against any and all claims, suits, actions, demands, losses, expenses, damages, and liabilities of any kind, including without limitation reasonable attorney's and expert's fees, to the extent caused by or contributed to by its ordinary or professional negligence, including without limitation the ordinary or professional negligence of those for whose acts or omissions they are legally responsible. The City and Xxxxxx each agrees that the maximum combined joint, several, and individual liability (a) of Xxxxxx (including without limitations its partners, members, shareholders, officers, directors, employees, and consultants) to the City and all contractors of any tier in connection with this Agreement and the Project, and (b) of the City to Xxxxxx (including without limitations its partners, members, shareholders, officers, directors, employees, and consultants), for any claims or damages whatsoever, irrespective of the number of claims and whether in contract, tort (including without limitation ordinary and professional negligence) or otherwise, shall in no event exceed $50,000 per individual City of St. Helens project for which plans are reviewed by Xxxxxx, and $300,000 in the aggregate for all claims arising out of or relating to this Agreement. Nothing in this section shall be interpreted as an implied obligation of the City to indemnify Xxxxxx. It is intended that this limitation apply to any and all liability or causes of action however alleged or arising, except to the extent otherwise prohibited by law. 2024 RATE SCHEDULE Services performed by Xxxxxx Consulting Engineers, Inc. shall be compensated at the following hourly billing rates: Principal Engineer $208.00 Associate Engineer II $180.00 Associate Engineer I $168.00 Structural Designer II $158.00 Structural Designer I $150.00 CAD Technician $112.00 Administrative Assistant $ 96.00 Engineering Intern $ 62.00 The hourly rates shown above are subject to modification as costs and policies change. Client will be promptly notified in the event of change. Salary premiums are paid to non-exempt staff for premium time when it is approved by the client. Time expended by exempt personnel is paid on a straight-time basis.
Indemnity and Limit of Liability. 10.1 You shall not be entitled to recover from Us any sum for any delay, inconvenience or loss of any kind due to any accident, breakdown or defect in the Vehicle or from any other cause whatsoever. To the extent permitted by law, Our liability pursuant to any relevant Australian law is limited at Our option to the replacement, repair or re- supply of the Vehicle for the remaining term of Your rental or reimbursement of charges payable by You under this Agreement.
10.2 You agree to indemnify Us and keep Us and Our employees and agents indemnified, against any claims demands and expenses (including legal costs) incurred or sustained by Us or Our employees or agents by reason of Your hire, use and/or possession of the Vehicle.
10.3 We shall not be liable to You for any property stolen from the Vehicle or damage to any property in or left with the Vehicle.
10.4 You release Us and Our, employees and agents, from any liability to You for any loss or damage incurred by You by reason of Your hire, possession or use of the Vehicle, except where Your loss is the direct result of Our negligence or wilful misconduct.
10.5 Notwithstanding clause 10.4, We are not liable to You or any person using the Vehicle with Your express or implied permission for any indirect, special or consequential damages (including lost profits) arising out of or in connection with this Agreement.
Indemnity and Limit of Liability. 14.1 You indemnify Us from and against any cost, loss, claim, damage or liability that We suffer or incur arising out of the personal injury or death of any person to the extent caused by You or Your Personnel.
14.2 We indemnify You from and against any cost, loss, claim, damage or liability that You suffer or incur arising out of the personal injury or death of any person to the extent caused by Us or Our Personnel.
14.3 Subject to clause 14.4 but notwithstanding any other provision of this Agreement, neither party is liable to the other on any basis (including negligence) for any Consequential Loss.
14.4 Clause 14.3 does not apply to relieve or limit:
a) Your liability to Us pursuant to the indemnity in clause 14.1;
b) Our liability to You pursuant to the indemnity in clause 14.2; or
c) Our liability to pay You any part of the Price.
Indemnity and Limit of Liability. 2.1 The Assignee will indemnify and keep indemnified the Assignor against all and any costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with the Assignee’s failure to comply with the provisions of clause 5 of the Gannett Agreement. The liability of the Assignee under the provisions of this clause 2.1 shall not exceed the sum of US$500,000 (Five hundred thousand US Dollars).
2.2 The liability of the Assignor in respect of the covenants and warranties implied by Part 1 of the Law of Property (Miscellaneous Provisions) Axx 0000 shall not exceed the sum of US$2,000,000 (Two Million US Dollars) provided that the Assignee shall not be able to recover under this assignment for any costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, and all interest, penalties and legal and other professional costs and expenses) for which the Assignee has already been compensated or received an indemnity under the Licence.
Indemnity and Limit of Liability. Agent agrees to indemnify and hold harmless NetGen, officers, directors, employees and agents from any and all loss, cost, damage, expense or liability, including, without limitation, court costs and reasonable attorneys’ fees, arising out of, in whole or part, directly or indirectly, the sale, marketing or promotion of the Products by Agent or from any representations made by Agent concerning NetGen or the Products and for any claim of copyright, trademark, or service xxxx infringement or misappropriation of trade secrets arising out of, directly or indirectly, the acts, omissions or representations of Agent. NetGen agrees to indemnify and hold harmless Agent, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability, including, without limitation, court costs and reasonable attorneys’ fees, arising out of, in whole or part, directly or indirectly, the sale, marketing or promotion of the Products by NetGen or any representations made by NetGen concerning Agent or the Products and for any claim of copyright, trademark, or service xxxx infringement or misappropriation of trade secrets arising out of, directly or indirectly, the acts, omissions or representations of NetGen. Under no circumstances shall either party be liable to the other party or any other related person or company for any exemplary, direct, reliance, incidental, or consequential damages, expenses or losses, including, without limitation, loss of revenue or profits, arising out of or relating to this Agreement or the business relationship between the parties.
Indemnity and Limit of Liability. Each Collaborator (each an “Indemnifying Party”) shall indemnify, defend, and hold each other Collaborator (including its elected officials, directors, officers, and employees) [collectively referred to as the “Indemnified Party”] harmless against any claims, proceedings, fines, penalties, expenses and costs (including legal costs on a solicitor and client basis) that are incurred by, or made or instituted against, any of them or to which any of them may be liable in connection with the Indemnifying Party’s responsibilities pursuant to the Agreement, including without limitation, the carrying out or failure to carry out any obligation under the Agreement, except to the extent that same was caused by the negligence or wilful misconduct of the Indemnified Party. Collaboration Agreement (February 2019) Page 8 of 13 The liability of any collaborator is limited to the amount they have contributed under the agreement in the year in which the liability occurred.
