LIABILITIES AND DAMAGES Sample Clauses
The 'Liabilities and Damages' clause defines the responsibilities each party holds for losses, injuries, or damages that may arise under the agreement. It typically outlines the types of damages that can be claimed, such as direct or indirect damages, and may set limits on the amount or types of liability, for example by excluding consequential damages or capping total liability. This clause serves to allocate risk between the parties and provides clarity on financial exposure, helping to prevent disputes over compensation in the event of a breach or other issues.
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LIABILITIES AND DAMAGES. Company shall not be liable to Dealer, or to any third party claiming through Dealer for the failure of performance of any obligation under this Agreement except as specifically set forth herein, or otherwise agreed to in writing. Additionally, Company shall not, under any circumstances, be liable hereunder for indirect, special, incidental or consequential damages resulting from its failure of performance. Any failure to perform any obligation under this Agreement except payment of monies due, shall be excused if such failure is caused by acts of God, acts of public authorities, wars and war measures, fires, casualties, labor difficulties and strikes, shortages of material or fuel, failure or delays of suppliers or carriers, shortage of transportation, or other causes beyond the failing party's control.
LIABILITIES AND DAMAGES. To the extent permitted by law, the Tenant, for itself and its agents, successors, insurers, affiliated and related companies, and assigns, and each of their agents and employees and invitees (all of the foregoing, “Affiliates”), hereby releases and forever discharges the Building Owner, the Property Manager, and all agents, employees, and direct or indirect owners or affiliates of the Building Owner and/or the Property Manager, and each of
LIABILITIES AND DAMAGES. Termination of the Agreement or any categories of Services for any reason under this Article 21 (Termination) will not affect (i) any liabilities or obligations of either 40 4830-2082-6212v.8 207239136_2 LAW Party arising before such termination or out of the events causing such termination or (ii) any damages or other remedies to which a Party may be entitled under the Agreement, at law or in equity arising from any breaches of such liabilities or obligations.
LIABILITIES AND DAMAGES. To the extent permitted by law, the Tenant, for itself and its agents, successors, insurers, affiliated and related companies, and assigns, and each of their agents and employees and invitees (all of the foregoing, “Affiliates”), hereby releases and forever discharges the Building Owner, the Property Manager, and all agents, employees, and direct or indirect owners or affiliates of the Building Owner and/or the Property Manager, and each of them (collectively the “Building Ownership Parties”), from any and all claims, demands, losses, costs, expenses or other liabilities of whatever nature (including attorneys' fees and other fees, costs, and expenses), at law, in equity or otherwise, arising out of or related in any manner to the condition of the Conference Center, including any latent defects, or the use of the Conference Center by the Tenant or any of the Tenant’s Affiliates or any of their respective invitees, or otherwise relating in any way to this Agreement (all of the foregoing, “Claims”), including any and all Claims related to personal injury or property damage occurring at or about the Conference Center. The Tenant and its Affiliates shall jointly and severally indemnify, defend, and hold harmless the Building Ownership Parties from and against any and all Claims made against or otherwise incurred by any of the Building Ownership Parties, in any way related to, or resulting from, this Agreement or the use of the Conference Center by the Tenant or any of the Tenant’s Affiliates or other invitees, all to the fullest extent permitted by law. This paragraph shall expressly survive use of the Conference Center and payment for such use for the longest period permitted by law. If the Building Owner so requests prior to the Tenant's use of the Conference Center, the Tenant shall provide evidence that it carries commercial general liability insurance in an amount satisfactory to the Building Owner and insuring the indemnity agreement contained in this Agreement. The Building Owner may require that it be named as an additional insured with respect to such insurance. The liability of the Building Owner under this Agreement shall be limited to its interest in the Building in which the Conference Center is located. Tenant, for itself and its other Affiliates, hereby waives any claims in connection with this Agreement or the Conference Center for punitive, consequential, or exemplary damages or for loss of income, profits, or savings. In addition, to the exte...
LIABILITIES AND DAMAGES. 48. Non-compliance of any provision of this Agreement by any Party shall be deemed a breach of this Agreement. The breaching Party shall be liable for the damages in accordance with the terms of this Agreement and the schedules herein.
49. Party A may penalize Party B if any of the following events occur, and deduct such fines from the channel expansion service fees and deposit, terminate this Agreement or seek further rectifications. Party B is liable for any civil litigations arising herefrom.
i. Party B sells any counterfeits or illegal products;
ii. Party B assigns any or all of the rights and/or obligations under this Agreement to any third party without Party A’s written consent;
iii. Party B cease to operate the authorized business without Party A’s written consent;
iv. Party B breaches Party A’s business and service policies, causing material complain from customers or media coverage, resulting material adverse affect on Party A.
v. Party B deceives customers or leaks customer information;
vi. Party B has not reached annual sales target agreed by the Parties, or provided agreed resources (including but not limited to stores and websites) within the time and in the amount or size agreed;
vii. Party B otherwise breaches this Agreement and does not rectify such breach within seven days after notification from Party A.
50. If this Agreement is terminated due to breaches by any Party, the non-breaching Party shall be entitled to demand the breaching Party to compensate for the economic loss suffered by the non-breaching Party caused by such breach.
51. No delay or failure by a Party to enforce its rights hereunder shall not be deemed as a waiver of its right to enforce against the breaching Party or to claim monetary damages, nor shall it be deemed consent to such breach.
52. If Party B’s violation of this Agreement, negligence or mistake causes loss of a third party, and if Party A in its sole discretion determines that such claim of loss, or litigation arising out of such claim of loss, may result in Party A’s obligation to compensate such third party, then Party A shall be entitled to participate in the resolution of such dispute and Party B shall ensure that Party A shall dictate the procedure for such dispute resolution. If the result of such dispute resolution eventually results in Party A to be held responsible for any compensation to the third party, then Party A shall be entitled to demand full-amount indemnification from Party B.
LIABILITIES AND DAMAGES. Nothing herein shall be deemed to be an assumption of liability of an Agency, County or parties for any acts, omissions, and negligence of another Agency, party, or County. Each party shall hold the other parties harmless from and shall defend the other parties and its officers and employees against claims for damages resulting from this Agreement. All liability to personnel and for loss or damage of equipment and personal property shall be borne by the party employing such personnel and having custody of such equipment, and all parties shall carry sufficient insurance to cover all such liability.