Common use of Indemnity and Limitation to Liability Clause in Contracts

Indemnity and Limitation to Liability. ‌ (a) Notwithstanding any other provision of the Agreement to the contrary, the Service Provider shall be liable to AHS for, and indemnify and hold harmless AHS and its members, officers, directors, agents, employees, licensees and invitees (“Others”) from and against, any and all Claims, whether or not arising due to third party Claims, which may be made or brought against AHS or Others, or which AHS or Others may suffer or incur, directly or indirectly, including Claims arising as a result of or in connection with or relating to: (i) any non-fulfilment or breach of any covenant or agreement on the part of the Service Provider contained in this Agreement or in any other document furnished by or on behalf of the Service Provider pursuant to this Agreement; (ii) any misrepresentation or any incorrectness in or breach of any representation or warranty of the Service Provider contained in this Agreement or any other document furnished by or on behalf of the Service Provider pursuant to this Agreement; (iii) bodily injury or death of persons whomsoever (including employees of either Party) arising directly or indirectly, as a result of or in connection with or relating to this Agreement or the Service Provider’s performance of this Agreement or out of any acts or omissions of the Service Provider; (iv) damage to, loss of or destruction of property (whether that of the Service Provider, AHS or a third party) arising directly or indirectly, as a result of or in connection with or relating to this Agreement or the Service Provider’s performance of this Agreement or out of any acts or omissions of the Service Provider; (v) contamination, pollution, or public or private nuisance, arising directly or indirectly out of provision of the Services or out of any acts or omissions by the Service Provider; (vi) any amounts (including taxes) assessed against AHS which are the obligations of the Service Provider; and (vii) any action, inaction or negligence of the Staff in connection with the foregoing, except to the extent arising out of the gross negligence or wilful misconduct of AHS. (b) As between the Parties, neither Party shall be liable to the other in connection with any Claim for any special, incidental, indirect, exemplary, punitive, or consequential loss or damages even if the Party has been advised of the possibility of such loss or damage in advance, provided that this Section 9.1(b) shall not apply to limit the liability of the Service Provider under Sections 6.1 and 6.2.

Indemnity and Limitation to Liability. ‌ (a) Notwithstanding any other provision of the Agreement to the contrary, the Service Provider shall be liable to AHS for, and indemnify and hold harmless AHS and its members, officers, directors, agents, employees, licensees and invitees (“Others”) from and against, any and all Claims, whether or not arising due to third party Claims, which may be made or brought against AHS or Others, or which AHS or Others may suffer or incur, directly or indirectly, including Claims arising as a result of or in connection with or relating to: (i) any non-fulfilment or breach of any covenant or agreement on the part of the Service Provider contained in this Agreement or in any other document furnished by or on behalf of the Service Provider pursuant to this Agreement;; CPSM COPY (ii) any misrepresentation or any incorrectness in or breach of any representation or warranty of the Service Provider contained in this Agreement or any other document furnished by or on behalf of the Service Provider pursuant to this Agreement; (iii) bodily injury or death of persons whomsoever (including employees of either Party) arising directly or indirectly, as a result of or in connection with or relating to this Agreement or the Service Provider’s performance of this Agreement or out of any acts or omissions of the Service Provider; (iv) damage to, loss of or destruction of property (whether that of the Service Provider, AHS or a third party) arising directly or indirectly, as a result of or in connection with or relating to this Agreement or the Service Provider’s performance of this Agreement or out of any acts or omissions of the Service Provider; (v) contamination, pollution, or public or private nuisance, arising directly or indirectly out of provision of the Services or out of any acts or omissions by the Service Provider; (vi) any amounts (including taxes) assessed against AHS which are the obligations of the Service Provider; and (vii) any action, inaction or negligence of the Staff in connection with the foregoing, except to the extent arising out of the gross negligence or wilful misconduct of AHS. (b) As between the Parties, neither Party shall be liable to the other in connection with any Claim for any special, incidental, indirect, exemplary, punitive, or consequential loss or damages even if the Party has been advised of the possibility of such loss or damage in advance, provided that this Section 9.1(b) shall not apply to limit the liability of the Service Provider under Sections 6.1 and 6.2.