Liability Indemnification and Insurance. 9.1 Each Party's obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded;
9.2 Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term.
9.3 Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise.
9.4 Nothing in this Agreement shall exclude or restrict:
(a) a Party’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or
(b) losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors.
9.5 The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms:
(a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term;
(b) Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term;
(c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason.
9.6 The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following t...
Liability Indemnification and Insurance. 22 SECTION 7: IMPORT CONTROLS 25 SECTION 8: BANK ACCOUNTS; FOREIGN EXCHANGE 27
Liability Indemnification and Insurance. A. I understand that I am responsible and liable for any and all injury and damage to persons or property caused directly or indirectly by me or my guests’ intentional or negligent acts or omissions (including injury or damage caused by personal property). I further understand that neither the University nor its contractors, concessionaires and vendors (collectively the "Released Parties"), will be liable to me or any of my guests for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes or my personal conflict with my roommates. To the maximum extent allowable by law, I further agree to hold harmless and to indemnify and release the Released Parties, successors and assignees from liability for claims of death, bodily injury and/or property damage, including personal injury liability, occurring on or about the premises, except to the extent that such death, injury and/or damage is caused by the gross negligence or willful act of the Released Parties.
B. I understand that I am responsible and liable for insuring my personal property, including losses due to fire, smoke, water, theft, defective wiring or any other unforeseen occurrence beyond the control of the University. I also understand the University and its contractors, concessionaires and vendors are not responsible or liable for any loss or damage to my personal property and do not provide any property or liability insurance coverage for my benefit.
C. The University recommends that students carry a renter’s insurance policy.
Liability Indemnification and Insurance. Renter agrees to conduct its activities upon the Premises so as not to endanger any person or property, including without limitation the Building and the Premises and all furnishings, fixtures, or equipment thereon. Renter shall hold harmless, defend and indemnify the University of Utah and its trustees, officers, employees, and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorneys’ fees, bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this Agreement by Xxxxxx, (b) Renter’s use of and activities in connection with the Building and the Premises, or (c) any act, error, or omission on the part of the Renter, or its agents, employees, invitees, guests or subcontractors who provide any materials or perform any operation relative to this Agreement except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents. Renter warrants and represents that no artistic work or other property protected by copyright will be performed, reproduced or used in the performance of this Agreement unless Xxxxxx has previously thereto obtained written permission from the copyright holder. Renter will indemnify, save and hold harmless the University and its trustees, officers, agents, employees and servants from and against all claims, costs and expenses (including legal fees), demands, actions and liability of every kind and character whatsoever with respect to copyright and Xxxxxx’s performance of artistic works. Renter shall secure and maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000 that lists the University of Utah as an additional insured. Renter agrees to provide a certificate of insurance for its Commercial General Liability insurance to the SOD. Renter may also be required to provide evidence of other insurance coverages that are reasonable based on Renter’s operations. The terms of this Section are a material part of the Agreement and shall survive its termination or expiration for any reason.
Liability Indemnification and Insurance. The Tenant, and it alone, shall be liable for all bodily and/or property damages that shall be caused, as well as for any tort that shall occur in the Demised Premises - all in connection with the possession of the Demised Premises and/or the use that shall be made thereof, all on condition that the damage was not caused willfully and/or intentionally by the Landlord and/or the management company and/or by someone acting on their behalf or as a result of their failure to act. The Tenant absolves the Landlord from any liability for damage to property found on the Demised Premises (its own property or that of others), as well as for all indirect or consequential damages (loss of profits, loss of goodwill, etc.) should any of these occur during the Lease Term - regardless of what was the cause that brought them on, and all on condition that the damage was not caused by a willful or intentional act by the Landlord and/or the management company and/or by someone acting on their behalf or as a result of their failure to act. The Landlord shall not bear any liability for bodily injury to the Tenant itself, to the employees of the Tenant, to its customers, visitors, invitees, or to any other person who arrived at the Building at the direction of the Tenant or for any purpose whatsoever connected with the Tenant, to the business and/or in the Demised Premises, and which shall be caused in the Demised Premises, during the Lease Term, except in those cases where the Landlord willfully and/or intentionally caused the damage. The liability of the Tenant to the Landlord and/or anyone acting on its behalf who is located on the Demised Premises shall not apply if their presence is unlawful. It should be emphasized that the liability of the Tenant pursuant to this section is solely and exclusively with regard to the net area of the Demised Premises, and shall not apply to the public areas included within the framework of this Lease (including bathrooms, stairs, elevators, Garage, lobby and the like), and in any event are not intended to derogate from the Landlord's liability under law. The Tenant shall indemnify the Landlord for any damage and/or claim and/or debt that the Landlord shall be required to pay in connection with damages the source of which is an act of negligence on the part of the Tenant that shall have occurred in the Demised Premises and/or in connection with and/or related to the possession of the Demised Premises and/or in connection with the use made the...
Liability Indemnification and Insurance. (a) Unless caused by Landlord's gross negligence or willful misconduct, Tenant covenants and agrees that Landlord shall not be liable to Tenant for any injury to or death of any person or persons or for any loss or damage to any property of Tenant, or any person claiming through Tenant, arising out of any accident or occurrence in the Building, including, without limiting the generality of the foregoing, (i) loss or damage occasioned by theft, or (ii) injury, death, loss or damage (A) caused by the Premises or other portions of the Building being out of repair, or (B) caused by any defect in or failure of equipment, pipes, or wiring or (C) caused by broken glass, or (D) caused by backing up of drains, or (E) caused by gas, water, steam, electricity, or oil leaking, escaping or flowing into the Premises or (F) caused by fire, smoke, earthquakes or sonic booms, or (G) caused by the acts or omissions of other tenants located in the Building.
(b) Tenant does hereby agree to indemnify and save Landlord harmless from and against any and all liability for any injury to or death of any person or persons or loss or damage to property in any way arising out of or connected with the condition, use, or occupancy of the Premises, or in any way arising out of the activities of Tenant, its agents and employees in the Building and from all costs, expenses and liabilities, including but not, limited to reasonable attorney's fees, incurred by Landlord in connection therewith excepting, however, liability caused by Landlord's gross negligence or willful misconduct.
(c) Tenant, at Tenant's expense, shall procure and maintain during the life of this Lease, liability insurance with limits of not less than $1,000,000 per person and $3,000,000 per accident for personal injury including death, and $1,000,000 property damage. The policy or policies Exhibit 6(a)(ii) - Pg. 4 shall be issued by a company or companies licensed to do business in Tennessee, shall be in form acceptable to Landlord, shall name Landlord as an additional insured and shall contain a provision that the coverage may not be canceled without first giving Landlord not less than fifteen (15) days prior written notice. Duplicate policies or certificates of all such insurance shall be delivered to Landlord not less than five (5) days prior to the effective date of each. Landlord, likewise, at Landlord's expense shall procure and maintain during the term of this Lease public liability insurance with limits not less th...
Liability Indemnification and Insurance. 8.1 The Supplier is liable for Damage caused as a result of a breach in its fulfilment of its obligations under these Conditions, the Agreement or other arrangements made between the Parties.
8.2 The Parties have adequate insurance in the usual manner, which insurance shall at all times cover their legal and contractual liability, which could arise at or in connection with the performance of the Agreement. The minimum cover of both the business and professional liability shall be of a sufficient level and common in the industry to pay full compensation per event to the other Party. At the first request, the Supplier will provide Ausnutria with proof that such insurance has been taken out.
Liability Indemnification and Insurance. 12.1 The Contractor shall be liable in accordance with applicable Law for any damage or loss or bodily injury which the Contractor, its subcontractors or any other person acting on its or their behalf may cause to any other persons or their property in connection with the carrying out of Petroleum Operations, subject to reduction in the circumstances contemplated by section 59.3 of the Petroleum Law.
12.1 The Contractor is liable for all direct damages and losses incurred as a result of pollution damage from its petroleum operations and for the cost of reasonable measures to avert, limit or remedy such damages or losses without regard to fault. Damages may be established as provided in section 61 of the Petroleum Law. No Party shall have any liability under this Contract (including without limitation under Articles 7.10 and 12.1) for any form of consequential loss; provided that, so long as appropriate adjustments are made for the time value of money and for future uncertainties, loss of profits may be taken into account in determining damages attributable to expropriation by the State or to a material breach of this Contract.
12.2 The Contractor shall, at all times indemnify and hold harmless the State, the Authority and NOCAL (excluding NOCAL in its capacity as a participant under this Contract) against all actions, claims and demands that may be brought or made against the State by reason of anything done by the Contractor in the conduct of Petroleum Operations.
12.3 Costs incurred under this Article shall not be recoverable Petroleum Costs if they are caused by the gross negligence or willful misconduct of the Contractor
12.4 The Contractor shall, during the term of this Contract, maintain and obtain insurance coverage for and in relation to Petroleum Operations for such amounts and against such risks as are customarily or prudently insured against by experienced operators in the international petroleum industry in accordance with Good International Petroleum Industry Practice, subject to such limits and deductibles as are customarily applied, without prejudice to any other insurance required under applicable Law. No later than thirty (30) days after the Effective Date and at least thirty (30) days prior to the commencement of any Petroleum Operations not covered by, or the renewal date of, any policy then in effect, the Contractor shall furnish to the Authority certificates evidencing that such coverage is in effect and all premiums due thereon have b...
Liability Indemnification and Insurance. SECTION 7.01 CONTRACTOR SHALL ACT AS AN INDEPENDENT CONTRACTOR
(a) The employees, agents, and/or independent contractors of Contractor engaged in performing any of the services Contractor is to perform pursuant to this Agreement shall be employees, agents, and independent contractors of Contractor for all purposes, and under no circumstances shall be deemed to be employees, agents or independent contractors of US Airways. In its performance under this Agreement, Contractor shall act, for all purposes, as an independent contractor and not as an agent for US Airways. US Airways shall have no supervisory power or control over any employees, agents or independent contractors engaged by Contractor in connection with its performance hereunder, and all complaints or requested changes in procedures shall, in all events, be transmitted by US Airways to a designated officer of Contractor. Nothing contained in this Agreement is intended to limit or condition Contractor's control over its operations or the conduct of its business as a commuter air carrier, and Contractor and its principals assume all risks of financial losses which may result from the operation of the air services to be provided by Contractor hereunder.
(b) The employees and agents of US Airways engaged in performing any of the services US Airways is to perform pursuant to this Agreement shall be employees and agents of US Airways for all purposes, and under no circumstances shall be deemed to be employees and agents of Contractor. Contractor shall have no supervision or control over any such US Airways employees and agents and any complaint or requested change in procedure shall be transmitted by Contractor to US Airways' designated representative. EXHIBIT 10.3(G) [***] INDICATES CONFIDENTIAL INFORMATION
Liability Indemnification and Insurance. 15.1 Meizler undertakes full liability for any damage, loss or expense (i) to the Deep TMS Devices and/or (ii) resulting from the use of the Deep TMS Device, except to the extent that such loss or damage arises out of the negligent manufacture of the deep TMS device by Brainsway.
15.2 Meizlershall indemnify and hold Brainsway, harmless from any and all liability, including reasonable attorney's fees, which results from (i) any action of Meizler; (ii) use of the Deep TMS Device; or (iii) any breach by Meizlerof its obligations or representations hereunder. Brainsway undertakes full liability for any damage, loss or expense and shall indemnify and hold Meizler, harmless from any and all liability, including reasonable attorney's fees, which results from (i) negligent manufacture of the deep TMS device by Brainsway; or (ii) any breach by Brainsway of its obligations or representations hereunder.
15.3 Brainsway undertakes to inform Meizlerin writing immediately or as soon as possible of any claim which may be brought against Brainsway and/or Meizler with regard to which Meizler will have indemnified Brainsway as set out above, and in such case Brainsway shall not take any step nor conduct any legal proceeding before consulting and obtaining Meizler's written confirmation (including with regard to which legal counsel to retain for such purpose).
15.4 Brainsway shall, at its sole cost and expense, obtain and maintain product liability insurance in respect of the Deep TMS Devices it supplies hereunder.
15.5 Meizler shall, at its sole cost and expense, obtain and maintain all other insurance coverage required and/or generally held by product distributors of the nature contemplated hereunder, including without limitation, medical negligence insurance and professional indemnity coverage. Such insurance shall be in reasonable amounts (but not less than $5,000,000 per claim and $10,000,000 per year) and on reasonable terms in the circumstances, having regard, in particular, to the nature of the Deep TMS Device, and shall be subscribed for from a reputable insurance company. The named insured under such insurances shall be Meizler, Brainsway and the beneficiaries thereof, and shall also include the respective employees, officers and directors of Brainsway. The policy or policies so issued shall include a “cross-liability” provision pursuant to which the insurance is deemed to be separate insurance for each named insured (without right of subrogation as against any of t...
