LIABILITY AND DAMAGE. 1. Partner shall, at no cost to NASA, maintain insurance protecting the U.S. Government and U.S. Government contractors and subcontractors, at any tier, from any Liability as a result of any activities conducted under this Agreement, including launch and associated activities, resulting in Damage to:
a. Partner’s employees or agent; and
b. Third parties, including U.S. Government employees, and U.S. Government contractor and subcontractor employees.
2. Insurance required under subparagraph B.1.a. above may be satisfied through a liability insurance policy or policies under subparagraph B.1.b. above. Notwithstanding any other requirement for notice in this Agreement, upon obtaining the insurance required under subparagraph B.1., or upon obtaining any modification or amendment thereof, Partner shall personally deliver, or send by registered or certified mail, postage prepaid, two copies of such insurance policy, or such modification or amendment, to NASA at the following address, or at such address as NASA may from time to time designate in writing: National Aeronautics and Space Administration Attn: Associate General Counsel (Commercial and Intellectual Property Law) Xxxxxxxxxx, XX 00000
3. Partner shall maintain insurance with terms and conditions as are currently available in the market for reasonable insurance premiums, taking into account renewals, but shall not be obligated to provide insurance limits in excess of $500,000,000 coverage. Partner shall provide to NASA certificates of insurance, and associated policies, evidencing the insurance required thereunder within a reasonable time before Partner begins to use Government property or Government services. Unless Partner provides evidence that such a condition in an insurance policy is not available at a reasonable premium, the insurance policy shall provide for the right of the U.S. Government to settle reasonably a claim after consultation with Partner and its underwriters.
4. Partner’s insurance obtained pursuant to subparagraph B.1. shall not be the exclusive recourse of the United States in the event Liability exceeds the amount of coverage. The United States reserves the right to bring an action against any responsible party for Liability incurred by the United States under domestic or international law.
5. Each Party agrees to cooperate with the other in obtaining any information, data, reports, contracts, and similar materials in connection with the presentation or defense of any claim by eith...
LIABILITY AND DAMAGE. Guest agrees to defend, indemnify and hold Manager harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest’s visitors or invitees.
LIABILITY AND DAMAGE. The student is responsible in full for any damage to or loss of their property, including money, personal belongings, computers and electronics, or other items of value, located in or on the University’s premises. The University disclaims any and all liability for damage to or loss of the student’s property. Students, at their own expense, are encouraged to hold renter’s insurance. The student is responsible for, and will be charged the costs of replacement and/or repair of, any and all damage that occurs in their unit, regardless of whom or what caused the damage (other than damage caused exclusively by a failure in a mechanical or plumbing system of the University). The student is also responsible for, and will be charged the costs of replacement and/or repair of, any and all damage the student may cause (alone or with others) to any other area of the residence hall or the University. The student shall be responsible for any malicious damage which occurs to any common area of the residence hall when the University is unable to determine the person who is at fault. The student will be charged for the cost of repairing the damage as determined by the University. The total costs for repairs will be divided equally among all members of the applicable community, as determined by the University. The student agrees to be responsible for the conduct of any guests who are in the residence hall at the invitation or permission of the student. If the student is assessed charges pursuant to Section E above, the student agrees that the University has the right, at its discretion, to either issue an invoice to the student for the costs or offset the costs against any amounts the University may owe the student.
LIABILITY AND DAMAGE. 6.1 The vehicle shall be the sole risk of the lessee throughout the rental period.
6.2 The lessee shall be liable for any loss or damage to the wheelchair and any expenses incurred in recovering the wheelchair during rental period whether or not the loss or damage is attributable to fault or negligence.
6.3 Wheelchair Renting shall not be obliged to make any claim which WCR may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the wheelchair.
LIABILITY AND DAMAGE. Tenant shall indemnify and hold Owner free and harmless from any and all liability, claims, loss, damage or expenses including attorney fees arising by reason of any death, injury, illness or property damage sustained by any person including Tenant or any agent, employee, guest or invitee of Tenant where such death, injury, illness or property damage that is:
a. allegedly caused by a negligent or intentional act of Tenant or any guest, invitee or agent of the Tenant, and/or
b. allegedly caused by a negligent or intentional act of Owner or any guest, invitee, agent or employee of Owner, unless there is gross negligence by owner. Landlord nor their agents shall be liable for any of or damage to personal property of the tenant, or invitees, from theft, vandalism, fire, water, rain, acts of God, interruptions of utilities, acts of others or other causes whatsoever.
LIABILITY AND DAMAGE. 5.1 Although the Seller shall endeavour to treat the items to be used by it, such as goods, products, materials, substances, work and/or activities, with the utmost care, the absence of possible errors or flaws cannot be guaranteed. Except as provided for in this Article 5, the Seller shall not have any liability whatsoever on any account.
5.2 The Seller shall not be liable for direct or indirect damage, including consequential damage, damage due to delays, lost profits, lost savings, damage due to business interruptions or any other damage besides that referred to in this Article, except in the case of deliberate acts/omissions or gross negligence by the Seller. Insofar as the Seller’s liability on account of deliberate acts/omissions or gross negligence exists as a result of a partial delivery, the Seller’s liability shall only pertain to this partial delivery.
5.3 Liability for damage on account of deliberate acts/omissions or gross negligence shall be limited to the amount of the payment which the Seller has received or shall receive for its Product(s) in connection with the Agreement. In the case of damage on account of deliberate acts/omissions or gross negligence as a result of a partial delivery, compensation shall be limited to the amount of the payment which the Seller has received or shall receive for its Product(s) in connection with this partial delivery.
5.4 Liability for damage on account of deliberate acts/omissions or gross negligence by the Seller because of death or bodily injury or for material damage to goods shall not in any event exceed the amount actually paid out as a benefit under the Seller’s insurance.
5.5 For any right to compensation to arise, the Buyer must always report the damage in writing to the Seller, as well as provide the Seller with a written notice of default, as soon as possible after the damage arises, but in any event no later than two weeks after this damage is discovered (or reasonably could have been discovered).
5.6 Notwithstanding the provisions in this Article, the Seller shall never be liable in the case of damage if the Buyer or User adds any substance(s), product(s) or elements to the Product(s), or removes these from the Product(s).
LIABILITY AND DAMAGE. The Occupant is responsible for any damage to the Room and any loss of personal property, including money, personal belongings, computers and electronics, or other items of value, located in the Room or within the Facility. Loyola shall have no responsibility or liability for the safekeeping of such personal property, or reimbursement obligation for its loss.
LIABILITY AND DAMAGE. The student is responsible in full for any damage to or loss of their property, including money, personal belongings, computers and electronics, or other items of value, located in or on the University’s premises. The University disclaims any and all liability for damage to or loss of the student’s property. Students, at their own expense, are encouraged to hold renter’s insurance. The student is responsible for, and will be charged the costs of replacement and/or repair of, any and all damage that occurs in their Student Housing, regardless of whom or what caused the damage (other than damage caused exclusively by a failure in a mechanical or plumbing system of the University). The student is also responsible for, and will be charged the costs of replacement and/or repair of, any and all damage the student may cause (alone or with others) to any other area of the Student Housing or the University. The student shall be responsible for any malicious damage which occurs to any common area of the Student Housing when the University is unable to determine the person who is at fault. The student will be charged for the cost of repairing the damage as determined by the University. The total costs for repairs will be divided equally among all members of the applicable community, as determined by the University. The student agrees to be responsible for the conduct of any guests who are in the Student Housing at the invitation or permission of the student. Based on current Public Health Requirements, except in the case of move-in and move-out from a residence, the only guests permitted to enter a residence shall be students residing in such Student Housing, and, when required for University business, University faculty members and staff, other University community members with a University identification card and authorized University third party contractors. The University shall provide written notice if the current guest policy changes. If the student is assessed charges pursuant to Section E above, the student agrees that the University has the right, at its discretion, to either issue an invoice to the student for the costs or offset the costs against any amounts the University may owe the student.
LIABILITY AND DAMAGE. Guest agrees to defend, indemnify and hold ACP Real Estate, Inc. and owner harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest's visitors or invitees.
LIABILITY AND DAMAGE. Mountain Vista Communities reserves the right to inspect and control all facility functions. Mountain Vista Communities shall not be liable for any damage to or loss of equipment, merchandise, or articles left in the facility before, during, or following a function. The signing Lessee is responsible for any loss or damage to the facility, to include (but not limited to) the building, equipment or fixtures. Damages will be billed to the Lessee at replacement cost plus labor.
