Indemnity and Limitation of Liability. (I) The IPTV Operator shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the IPTV Operator, or actual or threatened breach of any terms of this Agreement by the IPTV Operator (including but not limited to breach of any representation and warranty provided by the IPTV Operator to ZEEL).
Indemnity and Limitation of Liability. (I) The MSO shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the MSO, or actual or threatened breach of any terms of this Agreement by the MSO (including but not limited to breach of any representation and warranty provided by the MSO to ZEEL).
Indemnity and Limitation of Liability. (I) The DTH Operator shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the DTH Operator, or actual or threatened breach of any terms of this Agreement by the DTH Operator (including but not limited to breach of any representation and warranty provided by the DTH Operator to ZEEL).
Indemnity and Limitation of Liability. The SANBS shall have no obligations and/or responsibility to and in respect of any contractors appointed and /or third parties and the Service Provider hereby indemnifies the SANBS, its employees and agents against any claims whatsoever and howsoever arising out of this agreement. The Service Provider’s total liability to SANBS shall be limited, in the aggregate, to, unless otherwise agreed upon to an amount equal 100% (one hundred percent) the total Fees payable and paid to the Service Provider. In no event will either SANBS be liable for any direct, indirect, special or consequential damages, arising out of or relating to its breach of the Agreement, provided that if any special or consequential damages are included as part of a settlement or judgment against a SANBS hereto arising from a claim for which such SANBS is entitled to indemnification hereunder, such damages shall be limited to 20% (twenty percent) of the Fees paid to the Service Provider in terms of this Agreement in the preceding 1 (one) year. The limitations of liability set forth in clauses and shall not apply with respect to: Damages or occasioned by the fraud, wilful misconduct or gross negligence of the Party; claims that are the subject of indemnification under the Agreement; damages occasioned by a breach or violation of the Applicable Law by the Party; damages occasioned by the Party’s breach of its confidentiality or data privacy and protection of personal information obligations, including those set out in Annexure [B], under the Agreement; damages which are caused by the Party’s breach of the other Party’s or any Third Party's Intellectual Property rights; damages arising from a breach by the Party of any warranties provided under the Agreement; damages associated with the Party being the cause of any damage to the other Party's property; damages in respect of any liability for death or personal injury resulting from the Party’s wilful and / or gross negligent act; and damages in respect of any liability that cannot be excluded in terms of any Applicable Law. Any damages which may be suffered by any SANBS pursuant to the Agreement or the subject matter of it or them, shall be recoverable in accordance with the terms of this Agreement. confidentiality A Party which receives Confidential Information ("the Receiving Party") from the other Party ("the Disclosing Party") shall treat and hold it as confidential. The Receiving Party undertakes and agrees that in order to protect the prop...
Indemnity and Limitation of Liability. The Exhibitor and TGE shall indemnify, defend and protect each other and hold each other harmless from any and all claims, demands, suits, liability damages, losses, costs, attorney's fees and expenses which might result or arise from gross negligence or willful misconduct in connection with either parties' participation in TGE or any actions of its officers, agents, employees, or other representatives, provided that (i) the indemnified party gives prompt notice of the claim to the other party; (ii) the indemnifying party has sole control over the defense of the claim, including any decision to settle; and (iii) the indemnified party provides the other party with all reasonable assistance therein. Except for gross negligence or willful misconduct, neither TGE, Exhibitor, any co-exhibitor, convention center or other exhibit space provider, nor any of their officers, agents, employees, facilities, other representatives, or assigns shall be liable for, and are hereby released from, any claims for damage, loss, harm, or injury to the person, property or business of the parties or any of its visitors, officers, agents, employees, or other representatives, resulting from theft, fire, earthquake, water, unavailability of the exhibition facility or intermediate staging facilities, accident, or any other reason in connection with TGE or any planning meetings, demonstrations, or staging. TGE shall not be responsible for the security of Exhibitor's equipment or its proprietary software or hardware information, and Exhibitor shall have full responsibility for any theft or other loss, including any subrogation claims by its insurer. It is the responsibility of the Exhibitor to maintain proper insurance coverage for its property and liability.
Indemnity and Limitation of Liability. (I) The HITS Operator shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the HITS Operator, or actual or threatened breach of any terms of this Agreement by the HITS Operator (including but not limited to breach of any representation and warranty provided by the HITS Operator to ZEEL).
Indemnity and Limitation of Liability. 4.1 Each Party hereto, agrees to indemnify, defend and hold harmless the other Party against any loss, liability, damages, claims and costs, which each such Party may sustain by reason of negligence and/or breach of the terms and conditions hereof committed by the other Party hereto or its representatives. The aggrieved Party shall be entitled to enforce its/his/her indemnity rights by injunction or other equitable relief in any competent court of law in Sri Lanka.
Indemnity and Limitation of Liability. 9.1 The Licensee hereby indemnifies, holds harmless and defends the University, its Board of Governors, officers, employees, faculty, students, invitees and agents against any and all claims (including all legal fees and disbursements incurred in association therewith) arising out of the exercise of any rights under this Agreement including, without limiting the generality of the foregoing, against any damages or losses, consequential or otherwise, arising from or out of the use of the Technology or any University Improvements or Products licensed under this Agreement by the Licensee or its sublicensees or their customers or end-users howsoever the same may arise.
Indemnity and Limitation of Liability. 14.1 Seller and Buyer mutually covenant to protect, defend, indemnify and hold each other harmless from and against any and all claims, demands, suits, losses, expenses (including without limitation, costs of defense, attorney’s fees and interest), damages, fines, penalties, causes of action and liabilities of every type and character, including but not limited to personal injury or death to any person including employees of either Party or loss or damage to any personal or real property, caused by, arising out of or resulting from the acts or omissions of negligence or willful acts of such indemnifying Party, its officers, employees or agents with respect to the purchase and sale of Product hereunder. In the event the Parties are jointly and/or concurrently negligent, each Party shall indemnify the other Party to the extent of its negligent acts or omissions or willful acts.
Indemnity and Limitation of Liability. The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for physical injuries to persons (including death), tangible personal property damages, losses, and expenses including court costs and reasonable attorney’s fees resulting from the negligence or willful misconduct of the Vendor, its officers, employees, agents, subcontractors, licensees during performance under this Agreement.. Per Texas Education Code §44.032(f), reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL EITHER PARTY, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, AND LOSS, DAMAGE OR CORRUPTION OF DATA OR SOFTWARE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, AND WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. EXCEPT AS OTHERWISE AGREED BELOW, IN THE EVENT OF ANY LIABILITY INCURRED BY EITHER PARTY OR ANY OF ITS AFFILIATES HEREUNDER, THE ENTIRE LIABILITY OF THE PARTY AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY THE TIPS MEMBER FOR THE SPECIFIC PURCHASED ITEM(S) GIVING RISE TO THE XXXXX.XX THE EVENT OF ANY CLAIMS FOR DAMAGE TO TANGIBLE PERSONAL PROPERTY OR PHYSICAL INJURY (INCLUDING DEATH), VENDOR’S TOTAL AGGREGATE LIABILITY FOR SUCH CLAIMS SHALL NOT EXCEED $5,000,000. Multiple Vendor Awards TIPS reserves the right to award multiple vendor Agreements for categories when deemed in the best interest of the TIPS Membership. Bidders scoring the solicitation’s specified minimum score or above will be considered for an award. Categories are established at the discretion of TIPS. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that heƒshe is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
