Liability/damage Sample Clauses

A liability/damage clause defines the extent to which each party is responsible for losses, damages, or claims arising from the agreement. Typically, it outlines the types of damages covered (such as direct, indirect, or consequential damages) and may set limits or caps on the amount one party must pay if a breach or loss occurs. This clause is essential for allocating risk between the parties and providing clarity on financial exposure, thereby helping to prevent disputes over responsibility for unforeseen events or damages.
Liability/damage. RMFI will not be held responsible for any personal injury of any guests or other individual(s) that occurs during the event, inside or outside the facility. The artwork shall only be handled by a RMFI staff member and the renter will be held responsible for damage to artwork or other property as a result of failure to comply. The renter is required to return the space to its original condition at the end of each rental. The renter agrees to pay for repair of any damage to the space caused by the guests or renter, and/or pay for replacement of any missing items. This includes items such as: AV equipment, walls, floors, artwork, windows, furniture and fixtures.
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Liability/damage. 8.1. The Contractor is liable for all damages caused by him/herself or by engaged third parties to the Client or the Third Party during the execution of the tasks under this Agreement. The Contractor is also liable for all damages to the Client resulting from the Contractor's failure to fulfill his/her obligations under the agreement adequately. 8.2. The Client accepts no liability for, and the Contractor indemnifies the Client against, any claim or demand against the Client concerning illness, injury, and/or death of the third parties engaged by the Contractor or the Contractor him/herself, except in cases where the claim or demand results from the Client's actions. 8.3. The Contractor indemnifies the Client against all third-party claims related to and resulting from the Contractor's or the Contractor's replacement's execution of the tasks under this agreement. 8.4. The liability division between the Client and the Contractor must consider the principles of reasonableness and fairness and the usual liability limitations in the industry. This means that the Contractor's liability towards the Client under this agreement is limited to an amount of €500,000.00 per incident and €500,000.00 per year, provided these amounts can be adjusted to the amounts applicable in a specific industry, such as the maximum amounts applied by the Third Party in this context.
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Liability/damage. The Lessee shall give prompt written notice to the Lessor of each accident likely to result in damages against the Lessee or, as the case may be, in excess of $750,000 in any way relating to or arising out of the alleged or apparent improper manufacture, financing, construction, purchase, acceptance, rejection, ownership, acquisition, delivery, nondelivery, lease, sublease, preparation, installation, storage, maintenance, repair, transportation, transfer of title, abandonment, possession, rental, use, operation, condition, sale, return, importation, exportation, or other disposition of the Leased Property or any portion thereof; promptly upon the Lessee becoming aware of same, and on request shall furnish to the Lessor information as to the time, place and nature thereof, the names and addresses of the parties involved, any Persons injured, witnesses and owners of any property damaged, and such other information as may be known to it and shall promptly upon request, if such request is deemed reasonable under the circumstances by the Lessee, furnish the Lessor with copies of all material correspondence, papers, notices and documents whatsoever received by the Lessee (not otherwise subject to the attorney-client privilege) in connection therewith. In any case, the Lessor, at its own expense, may inspect all correspondence, papers, notices and documents whatsoever received by the Lessee (not otherwise subject to the attorney-client privilege) in connection therewith. In addition, the Lessee shall give prompt written notice to the Lessor of any damage, loss of use or destruction of the Leased Property or any part thereof which, in the aggregate, exceed $750,000 and which would not otherwise constitute an Event of Loss with respect thereto.
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Liability/damage. 5.1 The event organiser is liable for all damage to rooms, facilities, equipment, furnishings and hotel grounds belonging to Marina Gastro AG caused by its own fault or that of third parties whom it has engaged or invited. 5.2 Marina Gastro AG accepts no liability for theft or damage to materials and equipment brought into the hotel by the event organiser or by third parties commissioned or invited by the latter.
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Liability/damage. 3.1. The Contractor is liable for any damage caused by the Contractor or caused by third parties engaged by the Contractor which is suffered by Source, or by third parties, in the performance of the works relating to this agreement. The Contractor is also liable for any damage suffered by Source as a result of the Contractor's non-compliance or inadequate compliance with the obligations relating to this agreement and the Subagreement. 3.2. Source does not accept liability for and the Contractor will indemnify Source against any claim brought against Source in respect of illness, injury and/or death of the third party/parties engaged by the Contractor and/or loss of and/or damage to the property of third party/parties engaged by the Contractor or of the Contractor himself/herself, unless the claim is obviously the result of an act or omission on the part of Source itself. 3.3. Source must compensate the Contractor for all damage that cannot be attributed to the Contractor and that the Contractor suffers in connection with the performance of the assignment as a result of the manifestation of the particular danger linked to the assignment Digitaal akkoord: Pagina: 4 and exceeding the risks, implied by the nature of the performance of the Contractor's profession. 3.4. The Contractor indemnifies Source and Source's Client against all claims of third parties, connected to and ensuing from the performance of work under this Agreement by the Contractor or the Contractor’s replacement. 3.5. In the division of liability between Source and the Contractor, the standards of reasonableness and fairness and the limitations of liability commonly used in the industry must be observed.
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Liability/damage. The supplier can not be held liable - third parties to conduct network traffic monitoring to / from the server or attempting to gain - or gained - access to the Customer's server space and the data stored there. Whatever is stated below, the Supplier is always entitled to compensation corresponding to the total unpaid fees for the Service throughout the contract period if the company cancels the agreement. Other than this, none of the parties have a liability for damages to the other party unless the agreement has been breached intentionally or through gross negligence. However, in the event that a party is liable to the counterparty, no party is entitled to compensation for indirect loss or damage. The term "indirect loss or damage" is, for example: ● Loss, alteration or damage to software ● Data stored on the server ● Lost reputation and PR damage ● Lost contribution margin or other kind of non-profit ● Losses caused by shutdowns ● Losses in the form of third party claims or other losses that could not be expected. However, indirect loss or damage is not limited to the above examples. The supplier's liability to the Customer can not under any circumstances exceed the total payments made by the Customer for the Service during the contract period. "Contract period" refers to "current" contract period, ie. time period from when the agreement entered into force or last extension of the agreement until the "next" date of termination of the agreement until termination of the Customer. The customer is not entitled to damages that exceeds the amount corresponding to six (6) month payment for the Service. If Customer's use of the Service causes third parties to make claims against the Supplier, the Customer shall reimburse the Supplier for all costs and any damage that this may cause to the Supplier. If the Supplier obtains a claim from a third party caused by ▇▇▇▇▇▇▇▇'s use of the Service, the Supplier shall immediately inform the Customer thereof. The Customer hereby undertakes to reimburse the Supplier for all costs reasonably called upon to investigate and respond to the requirements. The supplier therefore also undertakes to consult with the Customer regarding how the requirements are to be dealt with.
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Related to Liability/damage

  • Property Damage Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. Lessee shall provide Lessor with written evidence that such insurance is in force.

  • Casualty Damage (i) All provisions hereof to the contrary notwithstanding, in the event any fire, casualty, or other event renders such damage to the Leased Premises that is reasonably estimated to require more than twelve months from the date of such event to restore the Leased Premises or such damage completely destroys the same (collectively, “Casualty Damage”), and such Casualty Damage was not caused by the negligence or willful misconduct of Tenant or such Casualty Damage is not covered by the insurance required to be maintained by Tenant hereunder, then in that event MAC or Tenant shall have the right to terminate this Lease without payment of any penalty or Accelerated Rent upon notice to MAC or Tenant given within sixty days after the date of such casualty. All property insurance proceeds from Tenant’s insurance policy attributable to the building and the leasehold improvements on the Leased Premises shall be paid to MAC, and all such proceeds attributable to Tenant’s personal property and equipment shall be paid to Tenant. (ii) All provisions hereof to the contrary notwithstanding, in the event of Casualty Damage, and such Casualty Damage is caused by the negligence or willful misconduct of Tenant or any of its subtenants, invitees, agents, or employees, then in that event MAC shall have the right to terminate this Lease upon notice to Tenant given within sixty days after the date of such casualty. All property insurance proceeds from Tenant’s insurance policy attributable to the building and the leasehold improvements on the Leased Premises shall be paid to MAC, and all such proceeds attributable to Tenant’s personal property and equipment shall be paid to Tenant. (iii) In the event of any Casualty Damage for which Tenant or MAC has not timely exercised its termination right (if any) as aforesaid, Tenant shall proceed to repair and restore the Leased Premises with all due diligence, subject to delays due to force majeure, settling and adjusting the insurance claim, and receipt of insurance proceeds, and the insurance proceeds from Tenant’s insurance policy attributable to the leasehold improvements shall be paid to Tenant and held in trust for the repair of the Leased Premises and those proceeds attributable to Tenant’s personal property shall be paid to Tenant. MAC shall refund Tenant for its insurance deductible amounts paid pursuant to any Casualty Damage to the proportionate extent such Casualty Damage was caused by the intentional or negligent acts of MAC, or its employees, agents or contractors. Tenant shall collaborate in good faith with MAC in the design, development, repair, and reconstruction of the Leased Premises hereunder (including but not limited to providing MAC with access to meetings and draft plans and access to Tenant’s decision-making) and shall comply with the provisions and procedures set forth in Section 7 of this Lease in the performance of the repair and restoration of the Leased Premises following such Casualty Damage. (iv) If any Casualty Damage occurs that is not the fault of Tenant, or any of their subtenants, invitees, agents, or employees in any way making the Leased Premises substantially unusable, rent and all other charges shall be abated on a per day pro-rated basis during the time the Leased Premises are substantially unusable. No rent shall ▇▇▇▇▇ if damage resulted from any act of Tenant or their subtenants, invitees, agents or employees.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Delay Damages If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of $1.50 per kwh of Contract Maximum Amount up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination. If the Facility has not achieved the Commercial Operation by the date set forth therefor in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), for any reason, Seller shall have the right to terminate this Agreement at any time after that deadline date (as so extended) until either the Facility achieves the Commercial Operation Date or Buyer terminates this Agreement under Section 9.3 (regardless of whether or not Seller elected to continue to construct the Project). In the event Seller so terminates this Agreement, Seller shall be liable to Buyer on the date of such termination for (x) the entire amount of Delay Damages that would otherwise accrue (or have accrued) by such date plus (y) the undrawn amount of any Development Period Security provided to Buyer by Seller; provided, however, that if Seller terminates this Agreement on the deadline set forth for the Commercial Operation Date in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), Seller shall not be required to pay any Delay Damages hereunder but shall forfeit the Development Period Security. Subject to the foregoing sentence, neither Party shall have any liability to the other Party with respect to a termination of this Agreement by Seller under this Section 3.2(b). Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delay Damages and other damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages. Notwithstanding the foregoing, this Article shall not limit the amount of damages payable to Buyer if this Agreement is terminated by Buyer as a result of Seller’s failure to achieve the Commercial Operation Date. Any such termination damages shall be determined in accordance with Article 9. By the tenth (10th) day following the end of the calendar month in which Delay Damages first become due and continuing by the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months if applicable), Buyer shall deliver to Seller an invoice showing Buyer’s computation of such damages and any amount due Buyer in respect thereof for the preceding calendar month. No later than ten (10) days after receiving such an invoice, Seller shall pay to Buyer, by wire transfer of immediately available funds to an account specified in writing by Buyer or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice. If Seller fails to pay such amounts when due, Buyer may draw upon the Development Period Security for payment of such Delay Damages, and Buyer may exercise any other remedies available for Seller’s default hereunder.

  • Bodily Injury Bodily injury means death, disease, illness, physical and mental injury of or to an individual.