Insurance Limitation of Liability. The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential loss.
Insurance Limitation of Liability. During the Term, Galileo agrees to maintain in effect, to the extent commercially reasonable, errors and omissions insurance in the aggregate amount of $2 million. Notwithstanding anything in this Agreement to the contrary, Galileo's cumulative liability for any loss or damage, direct or indirect, for any cause whatsoever (including, but not limited to those arising out of or related to this Agreement) with respect to claims (whether third party claims, indemnity claims or otherwise) relating to events in any one Processing Year shall not under any circumstances exceed the amount of 50 percent of the Processing Fees paid to Galileo pursuant to this Agreement for Services performed in the immediately preceding Processing Year, or, in the case of Processing Year 1, 50 percent of the total Processing Fees collected as of the date such claim is made against Galileo; provided, however, if Galileo fails to maintain in effect errors and omissions insurance as provided in this Section 6.1 when a claim arises, Galileo's cumulative liability under this Agreement shall not exceed the amount of 100 percent of the Processing Fees paid to Galileo pursuant to this Agreement for Services performed in the immediately preceding Processing Year, or, in the case of Processing Year 1, 100 percent of the total Processing Fees collected as of the date such claim is made against Galileo.
Insurance Limitation of Liability. (a) Contractor shall maintain Comprehensive General Liability insurance, including but not limited to coverage for bodily injury and property damage, with limits of not less than $1,000,000 per occurrence and in the aggregate. In addition, Contractor shall provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this Contract with minimum coverage of one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.
(b) In no event shall the liability of Contractor (or any of its affiliates, officers, directors, employees, or agents) in the aggregate under or in connection with this Contract exceed the insurance proceeds available to Contractor for that claim, plus the deductible amount applicable to that claim. Contractor (and its affiliates, officers, directors, employees, or agents) shall not be liable for any claim that is asserted by the Board more than one hundred twenty (120) days after the Board is or reasonably should have been aware of such claim, except that claims made by the Board against Contractor that arise out of claims by third parties, to which Subsection 3.08(a) above might apply may be brought at any time within the applicable statute of limitations. .
Insurance Limitation of Liability. 7.1 The Landlord shall take out and maintain in full force and effect insurance against all risks of physical loss or damage to the Project (which coverage may at the Landlord’s discretion exclude the foundations and excavations) and such fixtures and improvements as the Landlord shall determine, including, if and to the extent reasonably available at reasonable rates, the perils of flood and earthquake and loss of rental income insurance, in amounts equal to the full insurable value thereof calculated on a replacement cost basis, and subject to such deductibles as the Landlord may reasonably determine. Without limiting the generality of the foregoing, the Landlord shall be entitled to effect and maintain during the Term, property and business interruption insurance that would provide for environmental or other building accreditation recertification costs, sustainable re-engineering or sustainability design costs incurred after a loss, the incremental costs of debris removal and recycling after a loss, and any additional reconstruction costs associated with reconstruction of the buildings and improvements in the Project to a leading energy conservation and/or sustainability standard. In addition, the Landlord may place boiler and machinery breakdown insurance that would permit the replacement of damaged equipment with equipment that increases the efficiency of the buildings and improvement in the Project or enhances safety, and/or otherwise is consistent with the Environmental Management Plan. Provided however, the full insurable value shall not include, and the insurance shall not cover, any property of the Tenant, whether owned by the Tenant or held by it in any capacity, nor leasehold improvements (including the Non-Standard Improvements) whether made by or on behalf of the Tenant, nor Tenant’s business interruption insurance. The Tenant acknowledges and agrees that no insurable interest is conferred on the Tenant under any polices of insurance carried by the Landlord and it has no right to receive proceeds of any of those policies.
(a) The Tenant covenants and agrees to effect and maintain throughout the Term the following insurance in forms, amounts and with insurance carriers satisfactory to the Landlord:
(i) comprehensive bodily injury and property damage liability insurance applying to the operations of the Tenant carried on from the Premises and which shall include, without limitation, personal injury liability, product liability, environmental li...
Insurance Limitation of Liability. Intermedia provides no insurance coverage whatsoever for loss or damage to any of the Equipment housed at its facility. Any such insurance coverage desired or required by Customer shall be the sole responsibility thereof. Furthermore, Intermedia shall not be responsible for loss or damage to Customer's equipment regardless of how such loss or damage was caused, except for gross negligence or willful misconduct by an employee, agent or representative of Intermedia (not affiliated in any way with Customer). IN NO EVENT SHALL INTERMEDIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUES OF CUSTOMER OR ANY THIRD PARTY, WHETHER FORESEEABLE OR NOT, OCCASIONED BY ANY DEFECT IN ANY FACILITY PROVIDED OR ARRANGED FOR CUSTOMER, OR THE PROVISION OF ANY SERVICE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE FURNISHING OF SPACE, OR FOR ANY OTHER CAUSE WHATSOEVER, AND WHETHER PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES TO INTERMEDIA HAS BEEN GIVEN. 6 INTERMEDIA HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SERVICES, FACILITIES OR SPACE PROVIDED OR ARRANGED FOR CUSTOMER BY INTERMEDIA, INCLUDING BUT NOT LIMITED TO EQUIPMENT HOUSING, ELECTRICAL SUPPLY OR TELECOMMUNICATIONS INTERCONNECTIONS. Customer shall defend and indemnify Intermedia from any claims, liabilities, losses, costs, or damages, including reasonable attorneys' fees and costs, arising out of any transmission by Customer or any third party authorized by Customer to utilize the equipment, that is libelous, slanderous, an infringement of copyright, or which is otherwise illegal. Customer will obtain and maintain, during the term of this Agreement and any Collocation Schedule, insurance of the kinds and in the minimum amounts specified below, or in amounts required by law, whichever is greater. Intermedia may terminate this Agreement or any Collocation Schedule without further notice in the event Customer fails to comply with requirements of this section 9.
A. Worker's Compensation Insurance affording protection in accordance with the Worker's Compensation Law of the State(s) in which the services are to be performed.
B. Comprehensive General Liability Insurance in amounts not less than $2,000,000 per occurrence with an annual aggregate of not less than $1,000,000 for bodily injury and $1,000,000 for property damage. Such insurance must include coverage for liability assumed under this Agreement or any Collocation Schedule,...
Insurance Limitation of Liability. 8.1 TÜV SÜD PS shall provide for adequate insurance coverage in accordance with the Appli- cable Law.
8.2 Unless otherwise provided by this Agreement or the Applicable Law TÜV SÜD PS shall be liable for breaches of duty in accordance with the statutory provisions, subject, however, that any liability, unless otherwise stipulated herein further below, shall be limited to intent (wilful action) or gross negligence. In the event of simple negligence, TÜV SÜD PS shall only be liable (i) for damage arising from an injury to life, body or health, (ii) for damage arising from a breach of a material contractual duty whose fulfilment is essential to the due and proper performance of the contract in the first place and on the fulfilment of which the other Party to the contract usually relies and may rely; in the latter case liability of TÜV SÜD PS is limited to the compensation of damage which was foreseeable and typical when the contract was concluded and shall be limited to one million Euro (1 Mio €) per incident. The limitation of liability also applies to breaches of duty by or for the benefit of persons for whose fault TÜV SÜD PS is responsible pursuant to the statutory provisions and to any personal liability of executive bodies, experts and other employees of TÜV SÜD PS. It does not apply where TÜV SÜD PS or any of the persons mentioned above has fraudu- lently concealed a defect and with respect to claims arising from a guarantee of a specific quality or claims under the German Product Liability Act (Produkthaftungsgesetz). This shall not be linked to a change in the burden of proof to the disadvantage of the buyer of Manufacturer’s product.
8.3 In case the Manufacturer intends to raise claims under this Agreement he shall without delay inform TÜV SÜD PS in writing any potential damage and set out the details of the claim.
8.4 With the exception of claims based on tort, where claims for damages are limited under this Section 8, they shall be time-barred after one year following the beginning of the statutory limitation period unless subject to the limitation periods of Article 438 (1)
Insurance Limitation of Liability. 8.1 Springboard shall maintain general liability insurance with limits of not less than $1,000,000 and shall provide Customer with a certificate evidencing coverage.8.2 NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL, DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,.
Insurance Limitation of Liability. 14.1 The Company undertakes to take out and maintain a D&O insurance program (in Danish “ledelsesansvarsforsikring”) providing a cover of at least DKK 5,000,000 per event per year and a cover for litigation costs of at least DKK 1,250,000 per year per event, as well as any mandatory insurance programs such as a Workmans Compensations program (In Danish “arbejdsskadeforsikring”).
14.2 In case of the CEO becoming liable to the Company under this Service Agreement for losses incurred related to the CEO’s employment with the Company, the Company must primarily seek compensation from the insurance programme taken out as per clause 14.1 above and only upon exhaustion thereof seek compensation from the CEO. Liquidated damages pursuant to clauses 12.6 and 13.3 shall only be incurred if the CEO does not remedy the breach alleged within 10 calendar days from having been notified about an alleged breach. The accumulated liabilities of the CEO, including both losses incurred and liquidated damages, for any breach of this agreement shall in no event exceed DKK 500,000.
14.3 The DKK 500,000 cap of the CEO’s liability set out in clause 14.2 shall not apply in the case of gross negligence or wilful misconduct by the CEO. Furthermore, for the avoidance of doubt, the Company is under no obligation to hold the CEO harmless for any loss incurred by any third party which such third party pursuant to applicable law is entitled to claim from the CEO.
Insurance Limitation of Liability. ZEF Energy, at its expense, shall procure and maintain in force for the duration of this Agreement, Commercial General and Automobile Liability insurance in the amount of $1,000,000 per occurrence, and $1,500,000 annual aggregate, including coverages for liability arising from workers compensation, professional liability, premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability together with $1,000,000 umbrella or excess coverage such that the total per occurrence coverage is maintained during the term of the Agreement in an amount equal to or greater than the maximum municipal total liability limit under Minn. Stat. § 466.04 as currently enacted and as may hereafter be amended. The SITE HOST, including its elected and appointed officials, employees, and agents shall be endorsed as additional insureds. To the extent damages are covered by insurance, the SITE HOST and ZEF Energy waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. SITE HOST or ZEF Energy, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. Prior to commencing its obligations under this Agreement, ZEF Energy shall deliver to the SITE HOST a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. ZEF’s policies and Certificate of Insurance shall contain a provision that coverage(s) shall not be cancelled without at least thirty (30) days’ advanced written notice to the SITE HOST, or ten (10) days’ written notice for non-payment of premium.
Insurance Limitation of Liability. Indemnification By Voalte. Voalte will defend, indemnify and hold harmless Customer, Customer’s Affiliates and their respective officers, directors, managers, employees, contractors, and agents against all Losses arising out of or relating to: (a) a Voalte IP Infringement; (b) an uncured material breach of this Agreement by Voalte; (c) the gross negligence or willful misconduct of Voalte; or (d) the knowing material violation of Applicable Law by Voalte. If any settlement requires an affirmative obligation of, results in any ongoing liability to, or prejudices or detrimentally impacts Customer in any way, and such obligation, liability, prejudice, or impact can reasonably be expected to be material, then such a settlement will require Customer’s prior written consent (not to be unreasonably withheld or delayed), and Customer may have its own counsel in attendance at all proceedings and substantive negotiations relating to such claim. If the Solutions become, or in Voalte’s reasonable opinion are likely to become, the subject of a Third Party infringement claim, Voalte will, at is sole discretion, use commercially reasonable efforts to either: (i) promptly at Voalte’s expense secure the right for Customer to continue using the Solutions, or (ii) if this cannot be accomplished with commercially reasonable efforts, then at Voalte’s expense, modify the Solutions to make them non-infringing or without misappropriation; provided, however, that any modification may not substantially degrade the performance or quality of the Solutions. If Voalte is successful in addressing the infringement (actual or potential), then any such expenses and costs incurred in addressing the infringement shall be set off against and shall reduce any amount owed by Voalte under the indemnification requirement in the first sentence of this Section. Voalte will not be responsible for indemnifying Customer under subsection (a) if the infringement is caused by or at least in part attributable to: (A) Customer’s breach of this Agreement; (B) Customer’s use of the Solutions in an unreasonable or unauthorized manner; (D) software, equipment or services other than those provided by Voalte to Customer; or (E) Customer’s failure to implement a modification, error correction, or update to a Solution provided by Voalte. Voalte will not have responsibility for indemnifying Customer under this subsection if at the time Customer is in breach of this Agreement, or Customer or any Third Party has modif...
