LIABILITIES & INDEMNITIES. The vendor represent and warrants that the repair and maintenance of service/products hereby sold do not violate or infringe upon any patent, copyright, trade secret or other property right of any other entity. The vendor agrees to indemnify UIIC in respect of any claim, directly or indirectly resulting from or arising out of any breach or claimed breach of this warranty.
LIABILITIES & INDEMNITIES. Except for liquidated damages expressly provided for in this Agreement, the Contractor and the Contractor’s Group shall not in any event nor under any circumstances, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, be liable for any loss of profit or revenues, loss of use of any equipment, cost of capital, cost of substitute equipment, facilities, services or replacement power, downtime costs, claims of the Owner’s partners or customers for such damages, whether deemed to be direct or indirect and whether or not foreseeable or disclosed at the time of this Agreement, or for any special, consequential, incidental, indirect or exemplary or punitive damages suffered by the Owner , and the Owner shall release and hold harmless the Contractor’s Group from such claims.
LIABILITIES & INDEMNITIES. 15.1 All losses, claims, expenses, actions, demands, costs and liability incurred in relation to this Agreement shall be shared by the Partner Authorities on such terms as may be agreed from time to time between the Partner Authorities. In the absence of any such agreement, such amounts shall be shared equally between the Partner Authorities.
15.2 Each and every Partner Authority shall (and hereby undertakes with every other Partner Authority to) indemnify HCC against and/or contribute to and pay a share of all or any liabilities claims costs and/or expenses of or incurred by HCC arising out of or in connection with or in the course of or as a result of it fulfilling its obligations under this Agreement with the intent that the Partner Authorities shall be jointly liable to indemnify HCC in respect of all such liability claims costs and/or expenses. PROVIDED THAT such indemnity on the part of the Partner Authorities shall not extend to liabilities or claims arising or costs and/or expenses incurred by reason or in consequence of any of the following by HCC:
15.2.1 breach by HCC of its obligations under this Agreement;
15.2.2 negligence, misconduct, or
LIABILITIES & INDEMNITIES. 37.1 Except for liquidated damages expressly provided for in this Agreement, the Contractor and the Contractor's Group shall not in any event nor under any circumstances, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, be liable for any loss of profit or revenues, loss of use of any equipment, cost of capital, cost of substitute equipment, facilities, services or replacement power, downtime costs, claims of the Owner's partners or customers for such damages, whether deemed to be direct or indirect and whether or not foreseeable or disclosed at the time of this Agreement, or for any special, consequential, incidental, indirect or exemplary or punitive damages suffered by the Owner , and the Owner shall release and hold harmless the Contractor's Group from such claims.
37.2 Notwithstanding any provision in this Agreement, the GIMI Topsides Agreement or the GIMI Direct Agreement to the contrary or any inconsistency in or across them, it is agreed between the Parties that the Contractor's total and entire liability under this Agreement (other than the Sub-Contract Works) and the GIMI Direct Agreement, including warranty and damages (liquidated or unliquidated), tort (including negligence and breach of statutory duty) or otherwise in relation to or in connection with this Agreement and/or the repair, modification or conversion of the Vessel and/or the Works and/or the performance by the Contractor of its obligations in the GIMI Topsides Agreement shall not exceed [*****]. This shall apply regardless of any act, default, omission or negligence, in whatever form or degree, and whether sole, partial, concurrent or contributory on the part of any person within the Contractor's Group and regardless of any other breach of duty or liability, whether strict, statutory, contractual or otherwise, by any person within Contractor's Group.
37.3 Notwithstanding any provision herein to the contrary or inconsistent herewith, it is agreed between the Parties that the Sub-Contractor's total and entire liability shall be in accordance with the requirements stated in the GIMI Topsides Agreement.
37.4 Until the Owner has fully and completely performed and discharged all its duties, liabilities and obligations under this Agreement, the Owner shall remain the sole, legal and equitable owner of the whole of the Vessel and shall not transfer legal or equitable ownership of the Vessel to any third party or creat...
LIABILITIES & INDEMNITIES. The Service Provider represents and warrants that the repair and maintenance of service/products hereby sold do not violate or infringe upon any patent, copyright, trade secret or other property right of any other entity. The Service Provider agrees to indemnify PSIEC in respect of any claim directly or indirectly resulting from or arising out of any breach or claimed breach of this warranty.
LIABILITIES & INDEMNITIES. 29.1 Vendor represents and warrants that the supply repair and maintenance service to be provided do not violate or infringe upon any patent, copyright, trade secret, or other proprietary right of any other person or other entity. XXXXXX agrees that it will, and xxxxxx does, indemnify the Bank from any claim, damages, loss, penalty etc., directly or indirectly resulting from or arising out of any breach or claimed breach of this warranty.
29.2 Vendor agrees and hereby keeps the Bank indemnified against all claims, actions, loss, damages, reputation loss, costs, expenses, charges, including legal expenses (Attorney, Advocates fees included) which the Bank may suffer or incur on account of any deficiency in Services rendered by the Vendor or breach of any obligations mentioned in clauses hereinabove, including without limitation, breach of confidentiality obligations or any acts of commission / omission on the part of employees, agents, representatives or Sub-Contractors of the Vendor.
29.3 The Vendor agrees to make good the loss suffered by the Bank on first demand made by the Bank in this regard which shall be final conclusive and binding on the Vendor.
29.4 Vendor further undertakes to promptly notify the Bank in writing any breach of obligation of the Agreement by its employees or representatives including confidentiality obligation and in such an event, the Bank will in addition to and without prejudice to any other available remedies be entitled to immediate equitable relief in a Court of competent jurisdiction to protect its interest including injunctive relief.
29.5 The Vendor shall indemnify and keep fully and effectively indemnified the Bank against any fine or penalty levied on the Bank for improper payment of tax for the reasons attributable to the Vendor
29.6 The Vendor hereby undertakes the responsibility to take all possible measures, at no additional cost, to avoid or rectify any issues which thereby results in non-performance of software/hardware deliverables within reasonable time. The Bank shall report as far as possible all material defects to the Vendor without undue delay. The Vendor also undertakes to co-operate with other service providers thereby ensuring expected performance covered under scope of work.
29.7 Nothing contained in this Agreement shall impair the Bank's right to claim damages without any limitation for an amount equal to the loss suffered for non-performance of software/hardware / any other system.
LIABILITIES & INDEMNITIES. 9.1 The Customer shall pay all legal costs incurred by the Council caused by the Customer’s default in any way.
9.2 The Customer shall be liable for the cost of removal, replacement and re- delivery of a damaged, lost or stolen Waste Carrier.
7.3 The Council shall not be liable for any loss or damage suffered by the Customer caused by communications not being received by the Customer as a result of the Customer’s failure to comply with 4.3(d) and (e).
7.4 The Council shall not be liable to the Customer for any loss or damage to Premises, Waste Containers or other property on the Premises, however arising save where such damage or loss results from the negligence of the Council or its agents.
7.5 The Council shall not be liable for any delay or failure in performing its duties under these terms caused by any circumstances beyond its reasonable control.
7.6 The Customer shall indemnify and keep indemnified the Council against all actions, proceedings, costs, claims, demands, liabilities, losses and expenses whatsoever (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses), whether arising in tort (including negligence), default or breach of this Contract, or breach of its statutory duty, save to the extent that the same is directly caused by or directly arises from the negligence, breach of this Contract or breach of statutory duty by the Council.
7.7 The Customer shall be liable for and shall indemnify the Council against any claims, penalties, fines or liability as a result of the Customer’s breach of duty under section 34 of the EPA.
LIABILITIES & INDEMNITIES. The vendor represent and warrants that the repair and maintenance of service/products hereby sold do not violate or infringe upon any patent, copyright, trade secret or other property right of any other enty. The vendor agrees to indemnify DKWC in respect of any claim, directly or indirectly resulting from or arising out of any breach or claimed breach of this warranty
LIABILITIES & INDEMNITIES. You shall indemnify and save harmless TechSmartt & ArcaneLabs and their directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services. The cumulative liability for all claims relating to the Site or Services, regardless of the form of action, including negligence, intellectual property infringement, strict liability, or otherwise, shall not exceed the total fees actually paid by you for the Services or use of the Site. TechSmartt will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use the Site or the Services, whether the material is provided or otherwise supplied by TechSmartt or any third party. The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent by applicable law. We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how TechSmartt protects your personal information, please refer to our Privacy Policy.
LIABILITIES & INDEMNITIES. 4.1 Whilst towing, or whilst at the request, either expressed or implied, of the Hirer rendering any service of whatsoever nature other than towing:–
4.1.1 The Company shall not (except as provided in Clauses 4.1.3 and
4.1.5 hereof) be responsible for or be liable for:
(a) damage of any description done by or to the Vessel; or done by or to the Hirer's vessel or done by or to any cargo or other thing on board or being loaded on board or intended to be loaded on board the Hirer's vessel or the Vessel or to or by any other object or property; or
(b) loss of the Vessel or the Hirer's vessel or of any cargo or other thing on board or being loaded on board or intended to be loaded on board the Hirer's vessel or the Vessel or any other object or property; or
(c) any claim by a person not a party to this Agreement for loss or damage of any description whatsoever; arising from any cause whatsoever, including (without prejudice to the generality of the foregoing) negligence at any time of the Company its servants or agents, unseaworthiness, unfitness or breakdown of the Vessel, its machinery, boilers, towing gear, equipment, lines, ropes or wires, lack of fuel, stores, speed or otherwise; and
4.1.2 The Hirer shall (except as provided in Clauses 4.1.3 and 4.1.5) be responsible for, pay for and indemnify the Company against and in respect of any loss or damage and any claims of whatsoever nature or howsoever arising or caused, whether covered by the provisions of Clause 4.1.1 hereof or not suffered by or made against the Company and which shall include, without prejudice to the generality of the foregoing, any loss of or damage to the Vessel or any property of the Company even if the same arises from or is caused by the negligence of the Company its servants or agents.
4.1.3 The provisions of Clauses 4.1.1 and 4.1.2 hereof shall not be applicable in respect of any claims which arise in any of the following circumstances:-
(a) All claims which the Hirer shall prove to have resulted directly and solely from the personal failure of the Company to exercise reasonable care to make the Vessel seaworthy for navigation at the commencement of the towing or other service. For the purpose of this Clause the Company's personal responsibility for exercising reasonable care shall be construed as relating only to the person or persons having the ultimate control and chief management of the Company's business and to any servant (excluding the officers and crew of any Vessel) to whom...
