Liability during Construction Sample Clauses

Liability during Construction. Lessee hereby assumes any and all liability arising out of or relating to Lessee’s Work after the date hereof, including any liability arising out of statutory or common law for any and all injuries to or death of any and all persons (including, without limitation, Lessee’s contractors and subcontractors and their employees) and any liability for any and all damage to property caused by, or resulting from, or arising out of any act or omission on the part of the Lessee, Lessee’s contractors and Lessee’s or their subcontractors or employees in the performance of Lessee’s Work, and Lessee further agrees to defend, indemnify and save harmless Lessor from and against all damages, claims, costs, liabilities, losses and/or expenses (including legal fees and expenses) arising out of or related to Lessee’s Work, including without limitation any and all such injuries, death and/or damage. Lessee agrees to insure the foregoing assumed contractual liability in its liability policies and the original or duplicate original of said policy that Lessee will deliver to Lessor shall expressly include said contractual liability coverage.
Sample 1
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Liability during Construction. Tenant hereby assumes any and all liability arising out of or relating to Tenant’s Work or to the Leased Premises after the date hereof, including any liability arising out of statutory or common law for any and all injuries to or death of any and all persons (including, without limitation, Tenant’s contractors and subcontractors and their employees) and any liability for any and all damage to property caused by, or resulting from, or arising out of any act or omission on the part of the Tenant, Tenant’s contractors and Tenant’s or their subcontractors or employees in the performance of Tenant’s Work, and Tenant further agrees to defend, indemnify and save harmless Landlord from and against all damages, claims, costs, liabilities, losses and/or expenses (including legal fees and expenses) arising out of or related to Tenant’s Work, including without limitation any and all such injuries, death and/or damage. Tenant agrees to insure the foregoing assumed contractual liability in its liability policies and the original or duplicate original of said policy that Tenant will deliver to Landlord shall expressly include said contractual liability coverage.
Sample 1
Liability during Construction. Tenant hereby assumes any and all ----------------------------- liability arising out of or relating to Tenant's Work or to the Leased Premises after the date hereof, including any liability arising out of statutory or common law for any and all injuries to or death of any and all persons (including, without limitation, Tenant's contractors and subcontractors and their employees) and any liability for any and all damage to person or to property caused by, or resulting from, or arising out of or in connection with any act or omission on the part of the Tenant, Tenant's contractors and Tenant's or their subcontractors or employees in the performance of Tenant's Work, and Tenant further agrees to defend, indemnify and save harmless Landlord from an against all damages, claims, costs, liabilities, losses and/or expenses (including legal fees and expenses) arising out of or related to Tenant's Work, including without limitation, injuries, death and/or damage, even if caused by the sole or concurrent negligence of Landlord. Landlord shall have no responsibility or liability for any foreseen or unforeseen circumstances or conditions arising in connection with Tenant's Work on the Premises, and Tenant assumes and shall be responsible for all risks arising in connection therewith. Tenant agrees to insure the foregoing assumed contractual liability in its liability policies and the original or duplicate original of said policy that Tenant will deliver to Landlord shall expressly include said contractual liability coverage.
Sample 1
Liability during Construction. Once all of the Project Site property has been conveyed to BCHA: (a) BCHA is and shall be in exclusive control and possession of the Project Site and the Project; and (b) the other Parties shall not be liable for any injury or damage to any property (of BCHA or any other person) or to any person occurring on or about the Project Site, unless caused by such Party’s intentional act, omission, or negligence. Each of the other Parties’ right to enter and inspect the Project Site is intended solely to allow such other Party to ascertain whether BCHA is complying with this Agreement and (to the extent this Agreement allows) to cure any default. Such provisions shall not impose upon the other Parties any liability to third parties, but nothing in this Agreement shall be construed to mean BCHA exculpates, relieves, or indemnifies any of the other Parties from or against any liability of such other Parties: (y) to third parties existing at or before the Effective Date; or (z) arising from intentional acts or omissions or negligence.
Sample 1
Liability during Construction. The LIHTC LLC will own all property necessary for the Garage as of start of construction and will procure, contract with, and supervise all design and construction firms necessary to build the Garage. The LIHTC LLC will obtain all builder’s risk, commercial general liability, and other insurance necessary and appropriate to protect the interests of all Parties during construction. BCHA will provide a guaranty of lien-free completion of construction and all other required guarantees of the LIHTC LLC’s obligations required by its lenders and investors. The County, the GID, and RLET shall be named as an additional insureds on such policies. No party that has governmental immunity (the County, the GID) will be required to waive such immunity in a joint development agreement or any other document at any point during the life of the Project. RLET will have no role whatsoever in ownership, management, or construction during the construction phase, provided, however, that a representative of RLET shall be entitled to be present during, and receive minutes of, all Owner- Architect-Contractor meetings occurring subsequent to the hiring of the Contractor.
Sample 1

Related to Liability during Construction

  • Attorneys’ Fees and Cost of Collection In the event of any arbitration or action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money (which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any party) shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees, deposition costs, and expenses paid by such prevailing party in connection with arbitration or litigation without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair an arbitrator’s or a court’s power to award fees and expenses for frivolous or bad faith pleading. If (i) the Note is placed in the hands of an attorney for collection or enforcement prior to commencing arbitration or legal proceedings, or is collected or enforced through any arbitration or legal proceeding, or Investor otherwise takes action to collect amounts due under the Note or to enforce the provisions of the Note, or (ii) there occurs any bankruptcy, reorganization, receivership of Company or other proceedings affecting Company’s creditors’ rights and involving a claim under the Note; then Company shall pay the costs incurred by Investor for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, expenses, deposition costs, and disbursements.

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Insurance; Damage to or Destruction of Collateral (a) The Credit Parties shall, at their sole cost and expense, maintain the policies of insurance described on Disclosure Schedule (3.18) as in effect on the date hereof or otherwise in form and amounts and with insurers reasonably acceptable to Agent. Such policies of insurance (or the loss payable and additional insured endorsements delivered to Agent) shall contain provisions pursuant to which the insurer agrees to provide 30 days prior written notice to Agent in the event of any non-renewal, cancellation or amendment of any such insurance policy. If any Credit Party at any time or times hereafter shall fail to obtain or maintain any of the policies of insurance required above or to pay all premiums relating thereto, Agent may at any time or times thereafter obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto that Agent deems advisable. Agent shall have no obligation to obtain insurance for any Credit Party or pay any premiums therefor. By doing so, Agent shall not be deemed to have waived any Default or Event of Default arising from any Credit Party's failure to maintain such insurance or pay any premiums therefor. All sums so disbursed, including reasonable attorneys' fees, court costs and other charges related thereto, shall be payable on demand by Borrower to Agent and shall be additional Obligations hereunder secured by the Collateral.

  • Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • Language Construction The language of this Agreement shall be construed in accordance with its fair meaning and not for or against any party. The parties acknowledge that each party and its counsel have reviewed and had the opportunity to participate in the drafting of this Agreement and, accordingly, that the rule of construction that would resolve ambiguities in favor of non-drafting parties shall not apply to the interpretation of this Agreement.

  • Laws Applicable to Construction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware as applied to contracts executed in and performed wholly within the State of Delaware, without reference to principles of conflict of laws.

  • No Construction Loans No Mortgage Loan was made in connection with (i) the construction or rehabilitation of a Mortgage Property or (ii) facilitating the trade-in or exchange of a Mortgaged Property other than a construction-to-permanent loan which has converted to a permanent Mortgage Loan;

  • No Strict Construction The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party.

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

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