Common use of Liability for Personal Injury and/or Property Damage Clause in Contracts

Liability for Personal Injury and/or Property Damage. Notwithstanding ORS 477.410, the Resource Provider agrees to assume responsibility for all damage or injury to persons or property, including State employees and third parties, resulting from the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Resource Provider or its employees, officers, or agents in performing under this Agreement. For equipment furnished under this Agreement, the Resource Provider shall be liable for any loss, damage, or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of State employee(s) while acting within the scope of their employment.

Liability for Personal Injury and/or Property Damage. ‌ Notwithstanding ORS 477.410, the Resource Provider agrees to assume responsibility for all damage or injury to persons or property, including State employees and third parties, resulting from the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Resource Provider or its employees, officers, or agents in performing under this Agreement. For equipment furnished under this Agreement, the Resource Provider shall be liable for any loss, damage, or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of State employee(s) while acting within the scope of their employment.