LIABILITIES AND INDEMNIFICATION. SMC shall be liable for any actual losses, claims, damages or expenses (including any reasonable counsel fees and expenses) resulting from SMC's bad faith, willful misfeasance, reckless disregard of its obligations and duties, negligence or failure to properly perform any of its responsibilities or duties under this agreement. SMC shall not be liable and shall be indemnified and held harmless by the Fund, for any claim, demand or action brought against it arising out of, or in connection with:
LIABILITIES AND INDEMNIFICATION. 10.1 The General Partner shall be liable for the debts and obligations of the Partnership. The Limited Partner shall not be liable for the debts and obligations of the Partnership or for any Partnership liabilities or losses beyond the amount of its capital contributions required under Article V of this Agreement.
LIABILITIES AND INDEMNIFICATION. VENDOR agrees to protect, indemnify, hold harmless and defend PURCHASER, its subsidiaries and related companies, and the officers, directors, employees, workers, agents, servants, and invitees of PURCHASER, its subsidiaries and related companies, from and against all losses, damages (including but not limited to punitive) demands, claims, suits, and other liabilities, including attorneys’ fees and other expenses of litigation, related to (i) bodily injury, including death at any time resulting therefrom and (ii) damages to all property, including loss of use thereof and downtime, which either directly or indirectly result from or occur in connection with (a) VENDOR’s manufacture, packaging, labeling, storage, delivery, unloading, handling or possession of the goods, or (b) VENDOR and its employees’, workers’, agents’ and servants’ presence on PURCHASER’s premises, and, in the case of either (a) or (b), are caused by or alleged to have been caused by any act, omission, breach or duty, or default, defects in design, workmanship, materials, failure to conform to samples, if any, (irrespective of whether liability is based on negligence, strict liability, breach of expressed or implied warranty or other breach of duty) of VENDOR or any of its employees, workers, agents or servants unless same shall be due to PURCHASER’s sole negligence. VENDOR’s agreement to protect, indemnify, hold harmless and defend as set forth in the immediately preceding sentence shall not be negated or reduced by virtue of the existence of any negligence or alleged negligence of PURCHASER, its subsidiaries and related companies, and the officers, directors, employees, workers, agents, servants, and invitees thereof, active or passive, concurrent or non-current with that of others, including VENDOR, its employees, workers, agents and servants. VENDOR’s agreement to protect, indemnify, hold harmless and defend as set forth herein shall not be negated or reduced by virtue of VENDOR’s insurance carriers denial of insurance coverage for the occurrence or event which is the subject matter of the claim and/or refusal to defend PURCHASER.
LIABILITIES AND INDEMNIFICATION. (1) To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
LIABILITIES AND INDEMNIFICATION. You agree to indemnify, defend and hold harmless Verisign and its affiliates, suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their respective employees, directors, officers, representatives, agents and assigns ("Verisign Affected Parties") from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans. APPENDIX 'AB' .XXX DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .XXX domain name, the Registrant, must also agree to the following terms:
LIABILITIES AND INDEMNIFICATION. 6.1 The Recipient assumes the risk of any damage, loss, or expense associated with or resulting from the conduct of the Research or Recipient’s use of the Data, unless such damage or loss is caused by the gross negligence or wilful misconduct of the Supplier.
LIABILITIES AND INDEMNIFICATION. (a) IN NO EVENT, OTHER THAN FOR LIABILITY ARISING FROM THE BAD FAITH OR WILLFUL MISCONDUCT OF AN APPLICABLE EXCO OPERATOR, SHALL AN APPLICABLE EXCO OPERATOR BE LIABLE TO THE PARTNERSHIP, DIRECTLY OR INDIRECTLY, FOR ANY CLAIMS, DEMANDS, SUITS, LOSSES, LIABILITIES, OBLIGATIONS, PAYMENTS, COSTS, EXPENSES OR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE, OR ANY LOST REVENUES OR PROFITS (COLLECTIVELY, "DAMAGES"), RESULTING FROM THE APPLICABLE EXCO OPERATOR'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR ANY THIRD PARTY OPERATING AGREEMENT, OR THE FURNISHING, PERFORMANCE OR USE OF SERVICES PROVIDED IN SUCH AGREEMENTS, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EXCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING IN ANY RESPECT AND OTHER THAN FOR LIABILITY ARISING FROM THE BAD FAITH OR WILLFUL MISCONDUCT OF THE APPLICABLE EXCO OPERATOR, THE APPLCIABLE EXCO OPERATOR SHALL FURTHERMORE NOT BE RESPONSIBLE OR LIABLE TO THE PARTNERSHIP FOR ANY DAMAGES RESULTING OR ARISING FROM ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY (INCLUDING, WITHOUT LIMITATION, SERVICES, SOFTWARE, HARDWARE OR EQUIPMENT) USED TO PROVIDE SERVICES.
LIABILITIES AND INDEMNIFICATION. Landlord will not be liable to Tenant or to any other person for any damages to, or loss or destruction of, property, assets or rights of any kind, or for injury to or death of any person upon the Premises or property contiguous thereto arising from any cause whatsoever; and Tenant must indemnify and hold harmless Landlord from and against any and all liabilities, claims, damages, expenses, fees, fines and penalties arising from any such damage, loss, destruction, injury or death; or arising from, or in any way connected with, Tenant's use, occupancy, management or control of the Premises. Tenant must defend any and all actions, suits, or proceedings which may be brought against Landlord related to or arising from Tenant’s use of the Premises.
LIABILITIES AND INDEMNIFICATION. Limitation of Liability
LIABILITIES AND INDEMNIFICATION. Operator shall be liable for and to indemnify the Owner for all claims relating to injury to Operator’s employees and/or contractors except to the extent such injuries are caused by the gross negligence or willful misconduct of Owner. Operator shall be liable for and agrees to promptly pay for all labor performed or furnished for the Operator in performance of the work provided for herein. Operator further agrees to indemnify, hold harmless and defend Owner from and against any and all claims or causes of action arising from or related to Operator’s operations hereunder except to the extent such claim, injury, death, damage or loss are caused by the gross negligence or willful misconduct of the Owner. The insurance coverages required pursuant to Section 5 above are in addition to, and not in lieu of, the indemnity obligations of Operator pursuant to this Section.
