L iability. Grantee releases the State, the Department, and the Office from, agrees that the State, the Department, and the Office shall not have any liability for, any and all suits, actions, claims, demands, losses, expenses, and costs of every kind and nature, including reasonable attorneys' fees, incurred by, or asserted or imposed against the State, the Department, or the Office, as a result of or in connection with the Project, except for the gross negligence or willful misconduct of the Department or the Office. This Section shall survive the term of this Agreement.
L iability. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations.
L iability. 11.1 The Client acknowledges and agrees that it is in a position to identify and evaluate the potential impact, benefits and risks associated with or arising out of Services including insofar as they relate to its activities and stakeholders.
L iability. The Licensee shall defend, hold harmless and indemnify the Town and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Licensee or of any agent or invitee of the Licensee. The Town shall notify the Licensee in the event of any such claims or suit, and the Licensee shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. Such indemnity shall include all costs incurred by Town, including reasonable attorney’s fees. The Licensee shall indemnify the Town and its officers and employees in the event the Town, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Licensee.
L iability. Buyer shall be liable to Seller for any damages including damage to property, where and to the extent such loss or damage is the result of Buyer’s (or its agent’s) negligence or willful misconduct. Buyer agrees that the liability of Buyer shall be the fair market value of such property or the reasonable cost of repair, whichever is less.
L iability. 7.1 Each Party assumes sole responsibility for the obligations to be performed by it under this Agreement.
L iability. 6.1 NABH is not liable for damage the Healthcare Organization / Hospital undergoes if any, by participating in the certification, Healthcare Organization / Hospital, through the NABH granting, continuing or deferring the certification status or not and through on the part of the NABH continuing or terminating this agreement.
L iability. 18.1 The total liability of the OPCC under this Agreement is limited to payment of the Grant, subject to the conditions set out in this Agreement.
L iability. Neither Seller nor Seller’s agents can be liable or responsible for consequential damages or personal injury resulting from conditions inherent to home construction or a site under construction before or after Settlement including any incidental expenses that may be incurred by the Buyer. These conditions include but are not limited to construction defects, mud, dust, construction materials and debris, construction vehicles and machinery, road obstructions or road settlement, high manholes and inlets, high curb depressions, etc. Buyer agrees to hold the Seller, it’s employees, officer and agents harmless from any and all consequential damages or personal injury resulting from conditions inherent to home construction or a site under construction whether they occur before or after Settlement including any incidental expenses that may be incurred by the Buyer or a guest of the Buyer.
L iability. District reserves to itself the right to maintain and operate its Poles in such manner as will best enable it to fulfill its statutory service requirements. Licensee agrees to use Poles at Licensee’s sole risk. Notwithstanding the foregoing, District shall exercise reasonable precaution to avoid damaging Licensee’s Communications Facilities and shall report to Licensee the occurrence of any such damage caused by its employees, agents or contractors. Subject to Article 15.5, District agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of such facilities damaged by the negligence or willful misconduct of District, provided, however, that the aggregate liability of District, to Licensee, in any fiscal year, shall not exceed the amount of the total Pole Attachment Fees paid by Licensee to District for that year as calculated based on the number of Attachments under Permit at the time of the damage per Article 3.
