LIABILITIES AND INDEMNITY 5.1 In the event of any claim or proceeding in respect of personal injury made or brought against the Trust by a Clinical Trial Subject, the Sponsor shall indemnify the Trust, its servants, Agents and employees in accordance with the terms of the indemnity set out at Appendix 4 hereto.
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 If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Liabilities and Indemnities In the event of any claim or proceeding in respect of personal injury made or brought against the Trial Site by a Participant, the Sponsor shall indemnify the Trial Site, its Agents and employees in accordance with the terms of the indemnity set out in Appendix 3 hereto. Nothing in this Clause 5 shall operate so as to restrict or exclude the liability of any Party in relation to death or personal injury caused by the negligence or wilful misconduct of that Party or its Agents or employees, or to restrict or exclude any other liability of either Party that cannot be so restricted or excluded in law. In no circumstances shall either Party be liable to the other Party in contract, tort or delict (if the Trial Site is constituted in Scotland) (including negligence or breach of statutory duty) or otherwise howsoever arising or whatever the cause thereof, for any loss of profit, business, reputation, contracts, revenues or anticipated savings or for any special, indirect or consequential damage of any nature, which arises directly or indirectly from any default on the part of any other Party. Subject to Clauses 5.2 and 5.5 the Trial Site’s liability to the Sponsor arising out of or in connection with any breach of this Agreement or any act or omission of the Trial Site in connection with the performance of the Clinical Trial shall in no event exceed the amount of fees payable by the Sponsor to the Trial Site under this Agreement. In the case of equipment loaned to the Trial Site for the purposes of the Clinical Trial, the Trial Site’s liability for loss or damage to this equipment arising from its negligence shall exclude fair wear and tear and shall not exceed the value of the equipment. For clarity, the “fees payable” are the total sum of the amounts specified in Appendix 4 based on the full enrolment of Participants for the full period of the Clinical Trial. In respect of any wilful and / or deliberate breach by the Trial Site, or any breach of Clauses 6, 8, 10 or 11 the Trial Site’s liability to the Sponsor arising out of or in connection with the breach shall not exceed two times the value of the Agreement. For clarity, the “value of the Agreement” is the total sum of the amounts specified in Appendix 4 based on the full enrolment of Participants for the full period of the Clinical Trial. The Sponsor will take out appropriate insurance cover or will provide an indemnity satisfactory to the Trial Site in respect of its potential liability under Clause 5.1 above and such cover shall be for a minimum of [INSERT AMOUNT] as detailed in the certificate of insurance provided by the Sponsor to the Trial Site. Where the Trial Site is established in England, the Clinical Negligence Scheme for General Practice will provide cover for clinical negligence in the conduct of the Clinical Trial. For Trial Sites established in Northern Ireland, Scotland or Wales, the Trial Site represents that its Principal Investigator and Personnel shall have adequate insurance or indemnity arrangements in place to cover against clinical negligence in the conduct of the Clinical Trial, until the completion of the Clinical Trial. The Sponsor shall produce to the Trial Site on request, copies of insurance certificates, together with evidence that the policies to which they refer remain in full force and effect, or other evidence concerning the indemnity. If the Trial Site is established in Northern Ireland, Scotland or Wales it shall produce to the Sponsor on request evidence of appropriate insurance or indemnity. The terms of insurance, or of the relevant NHS clinical negligence indemnity scheme(s), or the amount of cover, shall not relieve either Party of any liabilities under this Agreement. Nothing in this Agreement will operate to limit or exclude any liability for fraud. Data Protection The Parties agree: To comply with all Data Protection Laws and Guidance in Processing the Personal Data of actual and potential Participants. This Clause 6 is in addition to and does not replace, relieve or remove a Party’s obligations or rights under the Data Protection Laws and Guidance. When one Party is Processing Personal Data, as Controller, for which the other Party is at that time a separate and independent Controller, to promptly and without undue delay, notify and inform that other Party in the event of any Personal Data Breach that relates to that Personal Data.
LIABILITIES OF THE PARTIES 4.1 For non-performance or improper performance of the obligations under this Agreement, the parties shall be liable in accordance with the current legislation of the Russian Federation.
Costs, Expenses, Liabilities and Obligations The Developer shall be responsible for all costs, expenses, liabilities and obligations imposed under or incurred in order to satisfy the terms of this Agreement and all Federal, Provincial and Municipal laws, by-laws, regulations and codes applicable to the Lands.
Liabilities and Remedies 57.7.1 If CLEC or an employee, agent or contractor of CLEC, at any time breaches a provision of this Section 57 and such breach continues after notice thereof from CenturyLink, then, except as otherwise required by Applicable Law, CenturyLink shall have the right, upon notice to CLEC, to suspend or terminate the right to use CenturyLink OSS services granted by Section 57.1 above and/or the provision of CenturyLink OSS services, in whole or in part.
Losses After giving effect to the special allocations in Section 3.3 and 3.4 hereof, Losses for any Fiscal Year shall be allocated among the Unit Holders in proportion to Units held.
Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.
Damage and Loss The insurance applies to damage and loss in accordance with sections 5.3.1–5.3.6 below.