Liabilities and Insurance. 12.1 Neither party excludes or limits liability to the other party for:
12.1.1 fraud or fraudulent misrepresentation;
12.1.2 death or personal injury caused by negligence;
12.1.3 a breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
12.1.4 any matter for which it would be unlawful for the parties to exclude liability.
12.2 Subject to clause 12.1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
12.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
12.2.2 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
12.2.3 any loss or liability (whether direct or indirect) under or in relation to any other contract.
12.3 Subject to clause 12.1 and except in relation to the indemnity contained in clause 16.3, the parties’ total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall be limited to the total Charges payable during the 12 months immediately preceding the date on which the claim arose or, if the claim arose during the first twelve months of this agreement being in force, the Charges payable during the first twelve months of this agreement.
Liabilities and Insurance. Contractor shall, at its own expense and without cost to Carrier, obtain and maintain in force throughout the duration of the Contract, the following insurance with respect to the vehicles in relation to the performance of services hereunder and under the Contract:
Liabilities and Insurance. Client’s liabilities
83.1 The Client does not provide any insurance cover for the Consultant.
(1) The Client has insured itself against the acts and omissions of persons acting on its behalf within the course and scope of the University’s business.
(2) The Client’s maximum liability will be limited, whether for a single or multiple events, to the extent of its insurance cover herein.
83.2 The minimum amount of cover and the periods for which the Consultant maintains insurance are Liability of the Consultant for claims made against it arising out of the Consultant’s failure to use the skill and care normally used by professionals providing Services similar to the service A minimum cover in an amount of not less than R10 million in respect of each claim, without limit to the number of claims For as long as the Consultant remains in business Loss of or damage to property and liability for bodily injury to or death of a person (not an employee of the Consultant) arising from or in connection with Consultant providing the Service R 10 million in respect of each 0 claim, without limit to the number of claims Liability for death or bodily injury to employees of the Consultant arising out of and in the course of their employment in connection with this contract That which is prescribed by the 0 Compensation injuries and Diseases Act No. 130 of 1993 as amended and whatever the Consultant deems desirable in addition
84.1 The Consultant’s total liability to the Client for all matters arising under or in connection with this contract is limited to the amount of the Consultant’s insurance cover
86.1 The Client does not provide any insurance cover for the Consultant. Insurance Table (Not Applicable)
Liabilities and Insurance. 12.1 LIABILITIES
12.1.1.1 Terminal Operator shall not be liable for any loss or damage arising from any act, event or omission occurring after delivery of Shipper’s LNG by the Terminal Operator at the Redelivery Point for Loading except to the extent caused by Terminal Operator. Without prejudice to the provision here below, Shipper shall not be liable for any loss or damage arising from any act, event or omission occurring before delivery of Shipper’s LNG by Terminal Operator at the Redelivery Point for Loading except to the extent caused by Shipper. Terminal Operator and Shipper shall and shall cause their respective employees, agents, contractors and sub-contractors to act in accordance with the standards of a Reasonable and Prudent Operator.
a) Neither Party nor its Affiliates is liable, whether in contract, in tort or otherwise, to the other Party or its Affiliates for any Consequential Losses.
b) In the event Terminal Operator is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Terminal Operator shall indemnify and hold harmless Shipper from and against any and all direct costs, direct losses (including loss of income) and direct expenses suffered by Shipper as a result of such breach. It is understood that payment by Terminal Operator of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Shipper and in such case no other amounts are due by Terminal Operator for the same contractual breach.
c) In the event Shipper is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Shipper shall indemnify and hold harmless Terminal Operator from and against any and all direct costs, direct losses and direct expenses (including loss of income) suffered by Terminal Operator as a result of such breach. It is understood that payment by Shipper of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Terminal Operator and in such case no other amounts are due by Shipper for the same contractual breach.
d) It is hereby understood that if and to the extent Other Shipper and/or an Other User is liable for any damages suffered by Shipper, Terminal Operator shall only pay damages (including Demurrage Rate) to Shipper insofar as Term...
Liabilities and Insurance. Neither party excludes or limits liability to the other party for:
Liabilities and Insurance. Both Parties shall provide premises and general liability insurance for the Federal Building. The Parties shall maintain general liability insurance in such amounts as to ensure the ability to pay claims up to the tort claims limits listed in Section 2-9-108, MCA. Any liability claims related to the building shall be made equally to each Party’s insurance provider, unless such claim arises from an event in an area of exclusive use by one party. Any payments made on any claims for shared or public spaces shall be split equally between the Parties; claims arising from events in an area of sole use by one party shall be that parties sole responsibility. This Article XIV is intended to only apply to the initial design, engineering, and early construction phase of the rehabilitation of the Federal Building. The parties agree this provision will not apply to the long-term operation or maintenance of the building, as the Parties will need to find an alternative method to address insurance and liability issues at the Federal Building after this initial phase. The Parties will negotiate a liability and insurance provision applicable to operation and/or maintenance which will be incorporated into an operation and maintenance interlocal agreement or other governing document. This provision applies until a subsequent provision regarding insurance and liability is agreed to in a subsequent agreement, or until Termination of this Agreement pursuant to Article XII.
Liabilities and Insurance. The parties understand that personnel appointed to COMET remain employees of their respective departments and those departments agree to supply necessary equipment items, and to compensate such as xxxxxxx’x comp, benefits, salary, and insurance, not supplied by COMET, their officer(s) for personal services rendered in support of Task Force operations.
Liabilities and Insurance. To the extent the obligations of the Storage Operator do not derive from this Agreement or from the law, the Storage Operator shall apply the diligence of a proper storage operator during the performance of this Agreement. The Storage Operator shall in any case follow any and all applicable regulations and legislative acts of the jurisdiction on which territory the Products are stored and preserved pursuant to this Agreement. The Products shall be deemed to be delivered to the Storage Operator and to be received by a person authorised by the Depositor at the moment when the Products respectively pass the shut-off valve of the pipeline of the equipment for loading and unloading from and into land and/or water means of transport, unless otherwise stipulated in this Agreement. At all times during storing and preserving the Products, the Storage Operator shall have a valid adequate insurance, covering the liability risks related to the storage and handling of the liquid fuel, as well as comprehensive general civil liability, and also the environmental liability (soil, air, water pollution etc.). The insurance shall be obtained from a reputable and sound insurance company. For the avoidance of doubt, such insurance shall also cover the liability for any bodily injury and property damage caused to the Depositor. The Parties have hereby agreed that the property insurance of the Products will be arranged by the Depositor. The insurance shall also cover the liability risks in a manner that if any damages are caused to third parties and/or to the environment by any activities or omissions of the Storage Operator, the respective claims shall be satisfied by the Storage Operator and/or the insurance company. On the demand of the Depositor, the Storage Operator shall, at any time, prove the existence of such insurance cover to the satisfaction of the Depositor. Within fifteen days as of the execution of the respective Single Storage Contract, the Storage Operator shall provide the Depositor the proof of the existence of such insurance cover. As of the execution of this Agreement, the Storage Operator shall present to the Depositor its audited annual report for its each financial year.
Liabilities and Insurance a) The Trust and Council shall undertake to ensure that all appropriate insurance, including third party insurance in respect of death or injury to any person or persons and/or damage to property is in place prior to commencement of the Project
Liabilities and Insurance. 6.1 The Management Committee shall undertake to ensure that all appropriate insurance, including third party insurance in respect of the death of or injury to any person or persons and/or damage to property is in place.
