LIABILITY AND IMMUNITY. (a) In accordance with O.C.G.A. § 38-3-35(a), no political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 of Title 34, Code Section 38-3-30, any pension law, or any act of Congress.
(b) In accordance with O.C.G.A. § 38-3-35(b), no political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3, Chapter 3, Title 38, Official Code of Georgia Annotated; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of title, or pursuant to any ordinance relating to precautionary measures enacted by any political provisions of Articles 1 through 3 of said chapter and title, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state shall be liable for the death of or the injury to person or for damage to property as a result of any such activity.
(c) It is the express intent of the parties that the immunities specified in accordance with O.C.G.A. § 38-3-35 shall apply in addition to any other immunity provided by statute or case law.
LIABILITY AND IMMUNITY. 9.1. Each party will be responsible for its own negligent or intentional acts or omissions and for those of its employees, officers, agents and volunteers.
9.2. The parties agree that in the event any claim or suit is brought against either or both parties by any third party as a result of the operation of this Agreement, both parties will cooperate with each other, and with the insuring entities of both parties, in defending such claim or suit.
9.3. The parties hereto intend that nothing herein shall be deemed or construed as a waiver by either party of any rights, immunities, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 00-00-000, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity.
LIABILITY AND IMMUNITY. County Clerk and Entity agree to be responsible for its own acts and omissions, and those of its officers, agents and employees, to the extent required by law, subject to and without waiving the notice requirements, immunities, rights, benefits, defenses, limitations, and protections available under the Colorado Governmental Immunity Act as currently written or hereafter amended. In the event a court of competent jurisdiction finds Election for Entity was void or otherwise fatally defective as a result of the sole breach or failure of County Clerk to perform in accordance with Agreement or laws applicable to Election, Entity shall be entitled to recover expenses or losses caused by such breach or failure up to the maximum amount paid by Entity to County Clerk under this Agreement. County Clerk shall in no event be liable for any expenses, damages or losses in excess of the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the breach available to Entity.
LIABILITY AND IMMUNITY. It is the express intent of the parties that the immunities specified in accordance with O.C.G.A. Title 38-3- 32, O.C.G.A Title 38-3-33, and O.C.G.A. § 38-3-35 of the ‘Georgia Emergency Management Act of 1981’, shall apply in addition to any other immunity provided by statutory or case law. Chatham County, CEMA, the Participating Party and their respective governing bodies do not waive their sovereign immunity by entering into this Agreement. Each entity fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this Agreement.
LIABILITY AND IMMUNITY. Service provider personnel who violate or abuse any right or privilege of an individual under this chapter are liable for damages as determined by law. All persons acting in good faith, reasonably, and without negligence in connection with the preparation or execution of petitions, applications, certificates, or other documents or the apprehension, detention, discharge, examination, transportation, or treatment of a person under the provisions of this chapter shall be free from all liability, civil or criminal, by reason of such acts.
LIABILITY AND IMMUNITY. It is the express intent of the parties that the immunities specified in accordance with O.C.G.A. § 38-3-35 shall apply in addition to any other immunity provided by statutory or case law. Chatham County, CEMA, the Participating Party and their respective governing bodies do not waive their sovereign immunity by entering into this Agreement. Each entity fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this Agreement.
LIABILITY AND IMMUNITY. The Parties each agree to assume liability for its own employees', agents', and contractors' actions pursuant to this Agreement. The liability of the Parties is controlled and limited by the CGIA, and no provision of this Agreement is intended to limit or modify the application of immunity.
LIABILITY AND IMMUNITY. The Parties confirm that they will not hold TSG, or any other person or entity associated or connected with TSG in any way, responsible for any acts or omissions of any nature whatsoever that are in any way connected with the Process, excepting irrefutable instances of fraud and gross negligence.
LIABILITY AND IMMUNITY. The Final Agreement will include provisions to address the scope of immunity and liability of Tsawwassen First Nation, Tsawwassen Government, elected members of the Tsawwassen Government, and Tsawwassen public officers. Where appropriate, the scope of immunity and liability will be similar to that provided for municipalities under Provincial Law.
LIABILITY AND IMMUNITY. Each party is solely responsible for the actions and omissions of its own employees, officers and agents. The parties recognize that in the event of an accident causing damage or injury, liability would be determined under the Texas Tort Claims Act. The parties do not waive or relinquish any privileges, immunities, or defenses as may be provided by applicable law on behalf of themselves, their respective Systems, Regents, trustees, officers, employees, and agents, as a result of the execution of this MOU and performance of the functions or obligations described herein.
