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Liability and Risk Sample Clauses

Liability and Risk. General Neither Interconnector nor the Shipper shall be liable to the other for: (a) any Consequential Losses; or (b) any special or incidental loss or damage; sustained as a result of any action or failure on the part of Interconnector or on the part of the Shipper (including, for this purpose, their respective contractors, subcontractors, employees or representatives) except that such exclusion shall not apply to liability under each of the indemnities in Clauses 2.8(b) and 4.3, 78.1(f) and 78.2(b). The Party in whose favour the indemnities contained in Clauses 2.8(b), 4.3, 78.1 and 78.2 above is given shall: (a) notify the indemnifying Party as soon as reasonably practicable of any claim or fact or circumstance which may give rise to a claim; (b) not make any admission of liability or any admission of any material fact or matter relating to a claim without the written agreement of the indemnifying Party; (c) permit the indemnifying Party to conduct the defence and settlement of any claim (subject to the indemnifying Party undertaking to provide the other Party with such information in relation thereto as that other Party may from time to time reasonably request). Nothing in this Agreement restricts or limits a Party’s obligation under law to mitigate a loss it may suffer or incur or has suffered or incurred that may give rise to a claim under an indemnity given in this Agreement. Nothing in this Agreement excludes or limits the liability of either Party for death or personal injury resulting from the negligence of such Party. Nothing in this Agreement prevents either Party from or restricts it in enforcing any obligation (including suing for a debt) owed to it under or pursuant to this Agreement. Subject to Clause 98.9 nothing in this Agreement shall be a waiver by either Party of any right or remedy it has (other than under this Agreement) in respect of a breach by the other Party of any applicable law. Subject to Clause 89.6, where this Agreement provides that any amount to be payable by a Party upon or in respect of that Party's breach of any provision of this Agreement or termination of this Agreement the remedy conferred by such provision is exclusive of and is in substitution for any remedy in damages in respect of such breach or the event or circumstances giving rise to such breach. Where this Agreement provides that any amount to be payable by a Party upon or in respect of that Party's breach of any provision of this Agreement or termination of ...
Liability and Risk. 12.01 University represents that it has statutorily prescribed liability insurance coverage for the negligent acts of its officers, employees, and agents while acting within the scope of their employment by University, and University has no liability insurance policy as such that can extend protection to any other person, including Sponsor. 12.02 Subject to the provisions of the Oklahoma Governmental Tort Claims Act, including its limits of liability and exclusions therefrom, University assumes any and all risks of personal injury and property damage attributable to the negligent acts or omission of the University, its officers, employees and agents thereof. 12.03 Sponsor hereby assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of Sponsor, its officers, employees, and agents thereof. 12.04 Sponsor agrees to indemnify and hold harmless University and its governing Board, officers, agents, and employees from any liability, loss, or damage they may suffer as the result of claims, demands, costs, or judgments against them arising out of the activities to be carried out pursuant to this Agreement.
Liability and Risk. (a) UAS represents that it has statutorily prescribed liability insurance coverage for the negligent acts of its officers, employees, and agents while acting within the scope of their employment by UAS, and UAS has no liability insurance policy as such that can extend protection to any other person, including COMPANYABC. (b) Subject to the provisions of local and state laws, including its limits of liability and exclusions therefrom, UAS assumes any and all risks of personal injury and property damage attributable to the negligent acts or omission of UAS, its officers, employees and agents thereof. (c) COMPANYABC hereby assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of COMPANYABC, its officers, employees, and agents thereof. COMPANYABC agrees to indemnify and hold harmless UAS and its governing Board, officers, agents, and employees from any liability, loss, or damage they may suffer as the result of claims, demands, costs, or judgments against them arising out of the activities to be carried out by COMPANYABC pursuant to this Agreement.
Liability and Risk. Under no circumstances shall EBlock have any liability to Customer for any direct, consequential (including lost profits), exemplary, incidental, indirect or special damages or costs resulting from any claim (whether in contract, tort, equity, negligence, or strict liability) related to or arising out of the Auction Platform, the Services, including the performance or breach thereof or the use or inability to use, or performance or nonperformance of the Auction Platform or any component thereof, even if they have been advised of the possibility of such damages. EBlock is a software service provider and is not a party to transactions conducted on the Auction Platform between Buyers and Sellers. EBlock does not own or take title to Vehicles listed or sold on the Auction Platform.
Liability and RiskThe Licensee shall at all times keep the facilities in a neat, clean and orderly condition.
Liability and Risk a. Subject to clause 11 (Australian Consumer Law), any applicable law, and the provisions of this clause 12, You: 1. access and use the Space (including storing Goods in the Space) at Your own risk; 2. bear the risk of theft of Your Goods from the Space and of any damage, deterioration and/or destruction to Your Goods caused by, among others: A. any Unforeseen Event (including flood, fire, leakage or overflow of water); B. mildew, mould, or temperature fluctuations; C. transportation (including delivery and removal) of the Goods; D. infestations (including pest or vermin); and/or E. spillage of material from any other storage space caused by other users of the Facility; 3. must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) to the Space, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by Your or Your Associate's wilful misconduct, negligent omission, fraud or criminal conduct and/or the storage of Prohibited Goods; and 4. release Us from all claims and liability arising from any loss, damage or injury occurring in the Space or the Facility or in connection with Your use of the Space; and, in any event, if it is determined that We are liable to You, Our liability is capped at: A. if the loss, damage or injury relates to Goods or property, $1000; or B. otherwise, the amount which is the greater of: i. the Storage Fees You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and ii.$5000. b. Clause 12(a) does not apply to the extent any risk, liability, damage, or injury is caused by any of Our (and/or any of Our Indemnified Party's) gross negligence, wilful misconduct, fraud or criminal conduct. c. Each party: 1. is not entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; and 2. shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages; d. Each party's liability for any loss, damage, or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant loss, damage or injury. e. You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basi...
Liability and Risk. 22.1 Lessor shall arrange for building and fire insurance of the property. The expenses in this respect will be charged over the operating accounts, see clause 15.
Liability and Risk. The Licensee agrees to be responsible for any damage or harm to the Licensor, resulting from the acts or omissions of the Licensee or any of the Licensee’s employees, agents or guests.
Liability and Risk. 10.1 In the event that client has goods in its possession delivered by Trade Brothers which are the property of Trade Brothers (including packaging) and/or which are subject to retention of title as referred to in Article 9 of these General Terms and Conditions, as of the time at which the goods are delivered to it up to the time at which they are returned or the time at which the ownership of these goods is transferred, client will be liable for any damage caused by and/or with these goods. 10.2 In the event that it has goods in its possession that are the property of Trade Brothers (including packaging) and/or which are subject to retention of title as mentioned in Article 9 of these General Terms and Conditions of Sale, client will be liable for any loss suffered by Trade Brothers as a result of the damage to, the loss of or the destruction of these goods, which loss arose in the period between the time at which Trade Brothers delivered the goods and the time at which the goods were returned or the time at which the ownership of the goods was passed. 10.3 In the event that as a result of circumstances attributable to client Trade Brothers wishes to make use of its retention of title but nevertheless suffers a loss, client will be liable for the loss suffered by Trade Brothers. 10.4 In the event that in the implementation of the Agreement it has goods in its possession (including packaging) which are the property of Trade Brothers and/or subject to retention of title as referred to in Article 9 of these General Terms and Conditions and in the event of theft, loss or damage to the goods supplied to it by Trade Brothers, client will be obliged to notify Trade Brothers hereof immediately. Client must immediately report theft or acts of war to the police of the municipality where the theft and/or the act of war took place. Client must provide Trade Brothers with a copy of such a report. 10.5 In the event that Trade Brothers has arranged the documents needed for transport or import, Trade Brothers will not be liable for any damages resulting from those documents not being complete, on time or correct. 10.6 In the event that Trade Brothers has delivered goods to client that are the property of a third party, client will indemnify Trade Brothers against all claims of this third party with regard to damage caused by and/or with the goods that Trade Brothers has delivered to client, as well as damage caused to the goods supplied by client by Trade Brothers. 10.7 ...
Liability and Risk. 10.1 The lessee shall during the lease period assume all risk and liability as regards the use of the equipment, including injury to persons or damage to property or equipment as well as loss of the equipment. This shall apply irrespective of the cause of the damage or cause of the loss. The lessee’s liability shall include all direct and indirect loss that the lessor or a third party may suffer. 10.2 If damage to or loss of the equipment is not co- vered by the insurance purchased by the lessor, cf. below, the lessee shall replace the equipment at new price so that the lessee reimburses the lessor’s costs for the purchase of replacement equipment without the lessee being entitled to claim a reduction for improvement. The lessee shall further pay for the lessor’s time in connection with the replacement purchase. 10.3 The lessee shall not be entitled to claim compen- sation for direct or indirect loss that has arisen in con- nection with the assembly, disassembly and use of the equipment. All costs that the lessee may incur as a result of work stoppages due to errors to, theft of, damage to the equipment and as a result of delayed delivery, collec- tion, assembly or disassembly of the equipment shall thus not concern the lessor. 10.4 The lessor shall further not be liable for loss in- curred as a result of force majeure-like events (accidents). 10.5 The lessor shall only be liable towards the lessee if the lessor has acted with gross negligence or with in- tent. In such cases, the lessor’s liability shall be limited to one month’s rental fees.