LIABILITIES, INDEMNIFICATION AND INSURANCE. Sponsor shall arrange insurance cover in respect of its potential liability for damages to Clinical Study Subjects resulting from the Clinical Study in accordance with the requirements set out in the WMO and the Decree on Obligatory Insurance for Medical Studies involving Human Subjects of 1 July 2015, unless this requirement has been waived by the Ethics Committee, in which case the indemnification obligations of Sponsor under this clause 4 shall not apply and Parties shall be entirely liable for their own actions, including those of any and all of their employees, students, agents and Affiliates hereunder. Subject to the limitations set out hereinafter, and without prejudice to clause 4.1 above, Sponsor, being the insurance holder as set out in clause 4.1 above, shall indemnify (in Dutch: “schadeloosstellen”) and hold harmless (in Dutch: “vrijwaren”) Study Site, its employees, the Site Investigator and the Research Staff (the “Indemnitees”) against all claims, demands, actions or proceedings (to include any settlements or ex gratia payments made with the consent of the Parties hereto and reasonable legal and expert costs and expenses) made or brought (whether successfully or otherwise): (i) by or on behalf of any Clinical Study Subject for personal injury or death arising out of the administration or use of the Investigational Product during or as a result of the Clinical Study, or (ii) of any clinical intervention or procedure provided for or required by the Protocol, to which the Clinical Study Subject would not have been exposed but for its participation in the Clinical Study. Without prejudice to clause 4.1 above, Sponsor’s indemnification and defence of the Indemnitees shall not apply to any claim or proceeding pursuant to clause 4.2, and Sponsor shall not be liable:
LIABILITIES, INDEMNIFICATION AND INSURANCE. Subject to the limitations set out hereinafter, Sponsor shall indemnify (in Dutch “schadeloosstellen”) and hold harmless (in Dutch “vrijwaren”) Institution, its employees, Agents, the Principal Investigator and the Research Staff (the “Indemnitees”) against all claims, demands, actions or proceedings (to include any settlements or ex gratia payments made with the consent of the Parties hereto and reasonable legal and expert costs and expenses) made or brought (whether successfully or otherwise): (i) by or on behalf of any Clinical Trial Subject in connection with personal injury or death – including also costs for medical treatment in relation to such injury or death – arising out of the administration or use of the Investigational Product during or as a result of the Clinical Trial, or of any clinical intervention or procedure provided for or required by the Protocol, to which the Clinical Trial Subject would not have been exposed but for its participation in the Clinical Trial. In addition, Sponsor shall compensate Institution and/or the Principal Investigator for reasonable and necessary costs and expenses incurred for medical treatment of Clinical Trial Subjects who have suffered such personal injury. (ii) by or on behalf of any Clinical Trial Subject or by a data protection authority for a Personal Data breach, as defined in applicable Law, which is attributable to Sponsor or its Affiliates. Sponsor’s indemnification and defence of the Indemnitees shall not apply to any claim or proceeding pursuant to clause 4.1, and Sponsor shall not be liable to the extent that said personal injury (including death) is caused by any of the Indemnitees’ failure to comply with this Agreement; or to the extent that said personal injury (including death) is caused by gross negligence, willful recklessness or willful conduct or willful misconduct (in Dutch: bewuste roekeloosheid of opzettelijk handelen of nalaten) of any of the Indemnitees, unless the clinical trial insurance of Sponsor is providing coverage for the claim; if any of the Indemnitees shall have made any admission in respect of such claim or proceeding or taken any action relating to such claim or proceeding prejudicial to the defence of it, without the written consent of Sponsor, provided that this condition shall not be treated as breached by any statement properly made by any of the Indemnitees in connection with the operation of Institution’s internal complaint procedures, accident reporting procedures ...
LIABILITIES, INDEMNIFICATION AND INSURANCE. Subject to the limitations set out hereinafter, Sponsor shall indemnify and hold harmless Institution, its employees, Agents, the Principal Investigator and the Research Staff (the “Indemnitees”) against all claims, demands, actions or proceedings (to include any settlements or ex gratia payments made with the consent of the Parties hereto and reasonable legal and expert costs and expenses) made or brought (whether successfully or otherwise): (i) by or on behalf of any Clinical Trial Subject in connection with personal injury or death arising out of the administration or use of the Investigational Product during or as a result of the Clinical Trial, or of any clinical intervention or procedure provided for or required by the Protocol, to which the Clinical Trial Subject would not have been exposed but for its participation in the Clinical Trial; (ii) by Institution, the Principal Investigator or by or on behalf of a Clinical Trial Subject for compensation of reasonable and necessary medical costs and expenses incurred by the Clinical Trial Subject who has suffered personal injury as described in 4.1.(i) above. Sponsor’s indemnification and defence of the Indemnities shall not apply to any claim or proceeding pursuant to clause 4.1, and Sponsor shall not be liable
LIABILITIES, INDEMNIFICATION AND INSURANCE. Each Party shall be liable towards the other Party, and shall indemnify (in Dutch: “schadeloosstellen”) and hold harmless (in Dutch: “vrijwaren”) the other Party and its employees, (the “Indemnitees”) against all losses, damages, claims, demands, actions or proceedings (to include any settlements or ex gratia payments made with the consent of the Parties hereto and reasonable legal and expert costs and expenses) arising from its failure to comply with this Agreement or the Protocol, or from its gross negligence, wilful recklessness or wilful conduct or wilful misconduct (in Dutch: "bewuste roekeloosheid of opzettelijk handelen of nalaten”). Parties shall keep each other reasonably informed of developments in relation to any such claim or proceeding. Parties will consult with each other on the nature of any defence to be advanced. Parties will each give to the other such help as may reasonably be required for the efficient conduct and prompt handling of any claim or proceeding made or brought by or on behalf of Clinical Study Subjects (or their dependants). Except in the event of intentional behaviour or gross negligence of a Party, in no event will a Party’s liability towards the other Party include any indirect damages (indirect damages meaning: loss of profit, loss of revenue and loss of business opportunities). The aggregate liability of the Site Parties for a claim or proceeding of Sponsor under this Agreement shall be limited to EUR 500.000, except and to the extent such claim or proceeding is made for damages caused by: A) gross negligence, wilful recklessness or wilful conduct or wilful misconduct (in Dutch: "bewuste roekeloosheid of opzettelijk handelen of nalaten”) of any of the Site Parties and cannot be so restricted or excluded by Law, or B) claims or proceedings between the Parties arising from the joint and several liability in connection with the joint controllership of the Parties under the GDPR as further laid down in clause 7 below. Parties shall take out and/or maintain an insurance cover, or have a system of self-insurance in place, in amounts sufficient to cover their potential liability under this Agreement.
LIABILITIES, INDEMNIFICATION AND INSURANCE. The ACCA shall indemnify and hold harmless the County from and against any and all claims, liabilities or damages which arise:
(a) from dealings between the ACCA and third parties and (b) from its administration, implementation and enforcement of the provisions of the Animal Care and Control Ordinance of the County Code. The indemnification shall include the costs of litigation and reasonable counsel fees. However, the ACCA shall not be liable for any default or failure of persons who are not employees or appointed or elected officials of the ACCA. The ACCA agrees to keep in force, at its own cost and expense, liability insurance in the minimum amount of One Million Dollars ($1,000,000.00). The ACCA shall also insure its own facility and vehicles. The ACCA shall provide to the County a certificate of liability insurance certifying general liability insurance coverage in an amount of at least one million dollars, listing the County as an additional insured party. Said certification shall provide that said coverage shall not be canceled without first providing the County government with 15 days notice in writing sent to the Director of Administration. A new certificate of insurance shall be provided each renewal year at least 15 days prior to the expiration of the previous certificate.
LIABILITIES, INDEMNIFICATION AND INSURANCE. The Supply Agreement shall include provisions relating to liabilities, indemnification and insurance substantially similar to the provisions of the Indemnity Agreement herewith attached as EXHIBIT 1. ----------------------------- EXHIBIT 1 --------- INDEMNITY AGREEMENT -----------------------------
LIABILITIES, INDEMNIFICATION AND INSURANCE. A. TOWN shall be financially responsible for property damage and personal injury caused by TOWN’s use of SCHOOL FACILITIES and SCHOOL shall be financially responsible for property damage and personal injury caused by SCHOOL’s use of TOWN FACILITIES.
B. TOWN shall indemnify, defend, and hold harmless SCHOOL, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by TOWN at SCHOOL FACILITIES in connection with TOWN’s performance of this AGREEMENT, except those which arise out of the sole negligence of SCHOOL.
C. SCHOOL shall indemnify, defend, and hold harmless TOWN, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by SCHOOL at TOWN FACILITIES in connection with SCHOOL’s performance of this AGREEMENT, except those which arise out of the sole negligence of TOWN.
D. TOWN and SCHOOL acknowledge and warrant that they are self-insured in compliance with the laws of the State of California, that their self-insurance covers persons acting on their behalf or under their control, and that their self-insurance covers their use of TOWN FACILITIES and SCHOOL FACILITIES as contemplated by this AGREEMENT. The parties further warrant that they will notify the other party of any insurance coverage change at least thirty (30) days prior to the change in accordance with the notice provisions of this AGREEMENT. Any coverage change must be approved by the other party, which approval shall not be unreasonably held.
LIABILITIES, INDEMNIFICATION AND INSURANCE. Except in the event of intentional behaviour or gross negligence of a Party, in no event will a Party’s liability towards the other Party include any indirect damages (indirect damages meaning: loss of profit, loss of revenue and loss of business opportunities). The aggregate liability of a Party for a claim or proceeding of the other Party under this Agreement shall be limited to EUR 500.000, except and to the extent such claim or proceeding is made for damages caused by intentional behaviour or gross negligence (in Dutch: bewuste roekeloosheid of opzettelijk handelen of nalaten). Nothing in this clause 4 shall operate so as to restrict or exclude the liability of any Party vis-à-vis the other Party which cannot be so restricted or excluded by applicable law. Both Study Site and Sponsor shall take out and maintain an insurance cover in respect of their potential liability in connection with the conduct of the Non-interventional Study.
LIABILITIES, INDEMNIFICATION AND INSURANCE. Institution shall use a safe channel for dispatch of the Research Data, upon receipt of which Sponsor assumes the risk of any damage, loss, or expense associated with or resulting from the Research Data, including Sponsor’s use thereof, unless such damage or loss is caused by the gross negligence (“bewuste roekeloosheid”) or malicious intent (“opzet”) of Principal Investigator.
LIABILITIES, INDEMNIFICATION AND INSURANCE
