INSURANCE AND LIABILITIES. 26.1 The Parties agree that the general principle in this Agreement is that although the Lead Force is leading the Programme, any Liabilities incurred by the Lead Force in relation to the Programme should rest with the Parties to this Agreement and should, unless such Liability is covered by insurance, be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share in the manner set out in this clause 26.
26.2 Save where set out elsewhere in this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.3 To the extent that the Policing Bodies and the Additional Parties have agreed to share in the Liability pursuant to clause 26.2, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force.
26.4 Each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement in accordance with the Agreed Liability Share (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss.
26.6 Subject to clauses 26.1, 26.2, 26.4 and 26.7 where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties aga...
INSURANCE AND LIABILITIES. The SPONSOR has taken out a civil liability insurance policy which, in all its aspects, complies with the provisions of RD 1090/2015. The policy, No. , was arranged with the insurance company and is current, as the SPONSOR is up-to-date with the premiums. The policy also explicitly includes the LEAD INVESTIGATOR, their collaborators, and the HOSPITAL and the FOUNDATION within its coverage (a copy of the policy or certificate of it is attached).
INSURANCE AND LIABILITIES. E1 Insurance E2 Liability
INSURANCE AND LIABILITIES. 16.1 It is agreed by the Parties that legal liability shall be determined in accordance with and rests with the direction and control of the relevant Force at the time the incident creating legal liability took.
16.2 Each Party shall save and hold harmless the other Parties from all losses, claims, damages, costs, charges, demands of proceedings incurred or brought as a result of the negligence of its officers and staff, unlawful acts and/or breaches of its obligations under this General Agreement and its Schedules.
16.3 In respect of uninsured losses not insured by the insurance policy, judicial review, complaints, grievances or conduct issues arise from joint working, the relevant Parties will agree the way in which those matters will be handled on a case by case basis.
16.4 All employers' liability claims, Employment Tribunal claims complaints, grievances and conduct issues raised by or against officers or staff working within the Agreement will be dealt with by their employing/appointing Chief Constables/Local Policing Body (unless otherwise agreed) in accordance with each Chief Constable's respective Professional Standards' or police staff discipline policies.
16.5 Insurance shall be determined in accordance with the policy wording, policy schedule and insurance certificate for the relevant Party valid at that time
INSURANCE AND LIABILITIES. Each of the Five Councils shall take out and maintain with a well established insurance provider or underwriter of repute for so long as may be necessary the following insurances in respect of their own employees premises and assets allocated to the 2015 Joint Committee for the use of the ARP: -
INSURANCE AND LIABILITIES. 5.1 For the duration of this Agreement, the Cooperating Entity shall provide and thereafter maintain all appropriate workmen's compensation insurance, or the equivalent, with respect to its employees to cover claims for personal injury or death in connection with this PCA/Contract.
5.2 For the duration of this Agreement, the Cooperating Entity shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of services under this PCA/Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Cooperating Entity or its agents, servants, employees or sub-contractors performing work or services in connection with this PCA/Contract
5.3 Upon request, the Cooperating Entity shall provide ECA with satisfactory evidence of the insurance required under this Article.
INSURANCE AND LIABILITIES. The Cooperating Entity/Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Agreement/Contract.
INSURANCE AND LIABILITIES a. Each Party shall obtain and maintain during the term of this Agreement with insurers reasonably acceptable to the other insurance coverage of the types and minimum limits as set forth in Schedule H with regard to supplying Product and performing Party Services pursuant to this Agreement.
b. Each party shall be solely responsible for all costs and liabilities associated with the termination of existing agency or distributor relationships in the Territory that are not to be utilized for the marketing of Product under this Agreement.
c. As to claims between the Parties:
(i) In the event Product supplied by either Octel or Ethyl for sale to customers within the Territory fails to be of merchantable quality and meet the Product specifications set forth in the Supply Contract, the supplier shall be responsible at its sole expense for the costs of returning, reprocessing (including disposal, if necessary) and/or replacement of such material with Product which is merchantable and meets the Product specifications of the Supply Contract at its sole expense.
(ii) Each Party shall perform Party Services in a safe, professional, cost-effective manner in accordance with industry standards and the requirements of the Strategic Council. In the event a Party performs services and such services are improperly or negligently performed, the supplier of the services as its sole liability in respect of such failure shall not be entitled to the relevant service fee as set forth in Section I of Schedules A and B of the Service Agreement in respect of such unsatisfactory services.
(iii) Without prejudice to subparagraphs (c)(i) and (c)(ii) above, there shall be no claims made by either Party against the other in providing Product and/or rendering Party Services pursuant to this Agreement for any direct, indirect or consequential loss (including lost profits) as a result of noncompliance irrespective of the cause or reason unless such loss or damage arises as a direct result of a deliberate act or omission of a Party with the intent of causing economic loss to the other Party, a material breach of or a willful refusal of a Party to comply with the terms of this Agreement.
INSURANCE AND LIABILITIES. E1 Liability, indemnity and Insurance E2 Warranties and Representations
INSURANCE AND LIABILITIES. The Merchant agrees, during the term of this agreement, to maintain, at its own expense, all insurance required by law for its employees’ workers’ compensation and unemployment compensation. The Merchant shall supply the University with the appropriate certificates of such insurance.
