L iability. Grantee releases the Department and the Office from, agrees that the Department 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 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. 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.
6.2 The Healthcare Organization / Hospital safeguards the NABH from all agreements with third parties which stem from the participation of the Healthcare Organization / Hospital in the certification programme and the decisions which the NABH takes in this context.
6.3 The assessment and judgment of NABH DO NOT exclude incidents with regard to the quality of healthcare. For any adverse events/ incidents occurring in Healthcare Organization / Hospital, NABH shall not bear any responsibility in whatsoever manner.
6.4 NABH is not liable for any damages in the healthcare organization which can might incur / occur during the assessment process unless in the case of deliberate intent or gross negligence on the part of persons designated by NABH.
6.5 NABH is not liable for any damages the Healthcare Organization / Hospital might incur because of participating in the certification program, or by any decision of NABH regarding the awarding or not awarding of certification status or the temporary or indefinite suspension of certification status or the discontinuation on the side of NABH of the Certification Agreement. Authorized Signatory (HCO) Authorized Signatory (NABH)
6.6 NABH is NOT a licensing body. NABH work is mainly to operate accreditation, certification and allied programs in collaboration with stakeholders merely focusing on patient safety and quality of healthcare based upon National / International Standards, through process of self (internal survey) and external evaluation.
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. Manager assumes no responsibility for damages to the Property caused by any tenant, or damages to Owner based on Tenant’s failure to pay rent.
L iability. 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. 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.
11.2 Save for where the Client has expressly requested and authorised Xxxx Digital Pty Ltd in writing to procure and arrange, at the Client’s own approved expense, professional indemnity or project insurance to cover and insure against any claims that may be made against Xxxx Digital Pty Ltd by the Client in respect of the Services and save for where the Client has made payment in full of the costs of any such insurance prior to the commencement of the Services, Xxxx Digital Pty Ltd shall not be liable to the Client in respect of any claim for any damages or loss including special, exemplary, indirect, incidental, consequential, punitive or tort damages arising out of, or in connection with this Agreement or the Services.
11.3 Under no circumstances and in no event shall Xxxx Digital Pty Ltd be liable to the Client, nor any third party to whom the Client may cede any of its rights where authorised to do so in terms of this Agreement, in respect of any claim made against Xxxx Digital Pty Ltd or arising out of the Services or any act or omission of Xxxx Digital Pty Ltd other than a claim for an insured event or circumstance expressly contemplated and provided for by the insurance cover referred to in paragraph 11.2 above where such cover is procured at the request and expense of the Client. Xxxx Digital Pty Ltd’s liability to the Client or any third party in respect of any claim arising as a result of any insured event or circumstance shall not exceed the maximum aggregate amount or amount per claim that may be successfully claimed by Xxxx Digital Pty Ltd in terms of any such cover.
11.4 Xxxx Digital Pty Ltd shall have no liability to the Client or any other person arising from any act or omission of a Third Party Service provider. Xxxx Digital Pty Ltd’s sole and exclusive responsibility in relation to Third Party Services shall be act with reasonable diligence and care in selecting Third Party Service providers and in responsibly managing the Client’s account with any such Third Party where applicable.
L iability. 7.1 Each Party assumes sole responsibility for the obligations to be performed by it under this Agreement.
7.2 To the extent permitted by law, the Local Jurisdiction shall defend, indemnify, and hold harmless DHCD and the State from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, expenses, and proceedings of any kind whatsoever (including but not limited to reasonable attorney’s and expert’s fees and costs), whether or not involving a third-party claim, that are caused by, relate to, or arise from any breach of this Agreement or any direct or indirect, willful or negligent, act or omission by the Local Jurisdiction, its officials, employees, or agents, in connection with the subject of this Agreement, unless such claims arise from or are the sole result of intentional misconduct or gross negligence of the party seeking to enforce this right to indemnification. The Local Jurisdiction’s obligation to defend, indemnify, and hold harmless DHCD and the State shall survive the termination of this Agreement.
7.3 In any agreement for execution of the Project with the ISP, the Local Jurisdiction shall require the ISP to defend, indemnify, and hold harmless DHCD and the State from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, expenses, and proceedings of any kind whatsoever (including but not limited to reasonable attorney’s and expert’s fees and costs), whether or not involving a third-party claim, that are caused by, relate to, or arise from any breach of this Agreement or any direct or indirect, willful or negligent, act or omission by the ISP, its officers, employees, or agents, in connection with the subject of this Agreement, unless such claims arise from or are the sole result of intentional misconduct or gross negligence of the party seeking to enforce this right to indemnification.
7.4 Nothing provided in this Agreement shall be construed as a waiver of the Tort Claims Acts and related funding provisions or the defense of governmental immunity by the Parties as to any third party.
7.5 It is hereby stipulated and agreed between the Parties that with respect to any tort claim or action arising out of any services performed under or pursuant to this Agreement, each Party shall only be liable for payment of that portion of any and all liability, costs, expenses, demands, settlements, or judgments resulting from the neglig...
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. 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. 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.
