Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence and on request by INTECK IT from time to time, immediately provide INTECK IT with a certificate of currency in respect of that policy.
14.2 The Customer acknowledges and agrees that:
(a) INTECK IT does not warrant that INTECK IT will be able to supply the Service uninterrupted or fault free;
(b) except for any rebate that must be paid as a result of a failure by INTECK IT to achieve a Service Level, INTECK IT is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels.
14.3 To the maximum extent permitted by law, INTECK IT:
(a) excludes all conditions and warranties implied into the Agreement;
(b) excludes any liability to the Customer for any indirect, special or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, loss of data, loss of bargain, damage to reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission or negligence of INTECK IT or otherwise.
14.4 Subject to clauses 14.2 and 14.3, INTECK IT limits its liability to the Customer as follows:
(a) if the loss or damage arises out of or is related to a failure by INTECK IT to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified in the Service Level Schedule; and
(b) in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement, (whether based in contract, tort (including negligence) statutory duty or otherwise) an amount which is:
(i) 50% of the Charges received by INTECK IT for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) in the aggregate, the amount of Charges received by INTECK IT under the Agreement.
14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability.
14.6 Nothing in this clause 14 is intended to limit INTECK IT's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from INTECK IT's negligent acts or omissions arising ...
Liability & Indemnity. Neither we nor the Manager, or our respective employees, agents and affiliates, will be liable to you or any of your guests for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of you or other persons, including without limitation theft, burglary, assault, vandalism, or other crimes, or your personal conflict with your roommates. We have no duty to remove ice, sleet or snow, but we may do so in whole or in part, with or without notice to you. EXCEPT FOR LANDLORD’S LIABILITY ARISING UNDER APPLICABLE LAW, YOU, FOR YOURSELF AND FOR YOUR GUESTS, RELEASE US AND THE MANAGER, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNEES AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES (collectively, the “RELEASED PARTIES”) FROM ANY AND ALL ACTIONS, CLAIMS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES (i) FOR LOSS OR THEFT OF YOUR OR YOUR GUEST’S PERSONAL PROPERTY AND/OR AN OWNED OR OPERATED VEHICLE, AND/OR (ii) WHICH MAY ARISE OUT OF ANY ACCIDENTS OR INJURIES TO YOU, MEMBERS OF YOUR FAMILY OR YOUR GUESTS, IN OR ABOUT THE PREMISES, THE APARTMENT, THE BUILDING OR THE APARTMENT COMMUNITY, EVEN IF SUCH CLAIM OR DAMAGE WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES. YOU ASSUME FOR YOURSELF AND ALL MEMBERS OF YOUR FAMILY AND YOUR GUESTS, ANY AND ALL RISKS IN CONNECTION WITH USE OF THE PREMISES INCLUDING THE BEDROOM, APARTMENT, THE COMMON AREAS, THE APARTMENT COMMUNITY OR THE APARTMENT COMMUNITY’S RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE GRATUITOUSLY SUPPLIED FOR YOUR USE, AND AT THE USER’S SOLE RISK.
Liability & Indemnity. Tenant covenants and agrees that Landlord is to be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the term of this Lease or any extension hereof, or any occupancy hereunder, Tenant hereby covenanting and agreeing to indemnify and save harmless Landlord from all liability, loss, costs and obligations on account of or arising out of any such injuries or losses, however occurring, unless caused by the sole and gross negligence or willful misconduct of Landlord, its agents, employees, or invitees. Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section shall survive the expiration or other termination of this Lease.
Liability & Indemnity. 4.1 Except as provided in clause 4.3, the aggregate liability of Xxxxxxx LDP to the Client, whether under contract, tort (including, without limitation, negligence), statute or otherwise, arising out of or in connection with these Terms shall be limited to the Charges paid by the Client in the last Financial or Academic Year as appropriate.
4.2 Neither Party shall be liable to the other for any consequential, special or indirect losses and/or any and all loss of profit or anticipated profit, loss of product, loss of business, loss of production, loss of use or loss of efficiency, loss of revenue howsoever the same may be caused by, including without limitation, the fault, breach of contract, tort (including negligence), strict liability or otherwise of Xxxxxxx LDP or the Client as the case may be.
4.3 Nothing in this clause shall exclude or limit either Party’s liability to each other for death or personal injury; or fraud or fraudulent misrepresentation or any liability which cannot be excluded under applicable law.
Liability & Indemnity. 9.1 The Independent Expert Consultant shall use due care in the performance of its obligations pursuant or related to this Agreement to ensure that no person is injured, no property is damaged or lost and no rights are infringed. Without limiting any other rights or remedies of the Board against the Advisor or any other persons, the Independent Expert Consultant shall be solely responsible for:
9.1.1 any injury to persons (including death), damage or loss to property or infringement of rights caused by, or related to, the performance of this Agreement by the Independent Expert Consultant, or the officers, employees, or agents of the Independent Expert Consultant; and
9.1.2 any acts, errors or omissions of the Independent Expert Consultant, or of the officers, employees, or agents of the Independent Expert Consultant, including any purposeful or accidental disclosure of Commercially Sensitive Information;
9.2 The Independent Expert Consultant shall save harmless and indemnify the Board, its officers, employees and agents from and against all claims, liabilities and demands with respect to clauses 9.1.1 and 9.1.2, together with all costs, expenses and fees associated therewith.
9.3 The Independent Expert Consultant will assume the full duty, obligation and expense of obtaining all necessary licences and permits as required for the provision of professional services in the Province of Manitoba.
Liability & Indemnity. 4.1 Licensee hereby assumes risk of and agrees to indemnify, defend, protect and save the Railroad Indemnitees harmless from and against (a) injury to or death of any person or persons whomsoever, including but not limited to the agents, employees or contractor(s) of the parties hereto, and (b) the loss or damage to any property whatsoever, including property claims, demands, suits, judgments or expenses incurred in connection therewith, resulting from or arising out of the acts or omissions of Licensee, its agents, employees or contractor(s), or resulting from, arising out of, or occurring in connection with the entry or presence of Licensee, its agents, employees or contractor(s) on the Property, or resulting from, arising out of, or occurring in connection with the performance or execution of the Work performed under this Agreement or incidental thereto, regardless of any negligence on the part of Licensee or Railroad. THE INDEMNITY PROVIDED IN THIS SECTION 4 IS SPECIFICALLY MEANT TO INCLUDE INDEMNITY OF THE RAILROAD INDEMNITEES FOR THEIR OWN ORDINARY NEGLIGENCE, EVEN IF THE INJURY OR DAMAGE IS CAUSED ENTIRELY BY THE ORDINARY NEGLIGENCE OF THE RAILROAD INDEMNITEES AND THERE IS NO NEGLIGENCE ON THE PART OF THE LICENSEE. LICENSEE’S INDEMNITY OBLIGATIONS IN THIS SECTION 4 SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS AVAILABLE UNDER WORKERS’ OR WORKMEN’S COMPENSATION ACTS, DISABILITY ACTS OR EMPLOYEE BENEFITS ACTS.
4.2 IN NO EVENT UNDER THIS AGREEMENT WILL THE RAILROAD INDEMNITEES HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, THE TERM “RAILROAD INDEMNITEES” AS USED IN THIS SECTION 4 SHALL INCLUDE ANY OTHER RAILROAD COMPANY THAT MAY BE LAWFULLY OPERATING UPON AND OVER THE TRACKS OR THE TRACKS CROSSING OR ADJACENT TO THE TRACKS, AND THE OFFICERS, AGENTS, INVITEES AND EMPLOYEES THEREOF.
Liability & Indemnity. 1. Licensor will indemnify Licensee for any loss suffered by Licensee arising from any claims against Licensee by third parties related to
a. breach by Licensor of any provisions, representations or warranties under this Agreement;
x. xxxxx negligence or wilful misconduct of Licensor, whether by action or inaction; and
c. any violations by Licensor of applicable law or standards; in each case, except to the extent related to breach by Licensee of this Agreement.
2. Licensee shall provide prompt written notice to Licensor of the initiation of any action or proceeding that may reasonably lead to a claim from Licensee to Licensor for indemnification as the consequence of a third party claim to Licensee. Upon such notice, Licensor shall have the right to assume the defence and settlement of such action or proceeding. Licensee shall cooperate with Licensor in the defence of such claim and provide assistance as it may reasonably be required.
3. To the extent permitted by law and except as set out in this Agreement, Licensor shall in no event be liable for any direct, indirect, or consequential loss, damage, claim, demand and/or expense - of whatever nature - whether arising by way of a third party claim or otherwise - resulting from or in connection with the use and/or the exploitation of the Licensed Patents by Licensee, its Affiliates and/or its sub-licensees under this Agreement. Notwithstanding the foregoing, this section does not exclude Licensor's liability for damages through wilful conduct or gross negligence and liability for breach of any warranty given in this Agreement.
4. Licensor’s aggregate liability for all damages of any kind arising out of or relating to this Agreement or its subject matter under any contract, negligence, strict liability or other legal ground shall not exceed the amounts paid to Licensor under this Agreement.
5. Licensee will indemnify Licensor and its officers, employees, representatives, students and contractors for any loss suffered by Licensor arising from any claims against Licensor by third parties related to
a. breach by Licensee, its Affiliates and/or its sub-licensees of any provisions, representations or warranties under this Agreement;
x. xxxxx negligence or wilful misconduct of Licensee, its Affiliates and/or its sub- licensees, whether by action or inaction;
c. any violations by Licensee, its Affiliates and/or its sub-licensees of applicable law or standards; and
d. the use and/or the exploitation of the Licensed ...
Liability & Indemnity. Subject to the provisions of the Parking License, and except for any claims and liability which could have been asserted against Landlord if Landlord were not the owner of the Premises or if Landlord were not a party to this Lease, Tenant covenants and agrees that Landlord is to be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the Lease Term or any extension hereof, or any occupancy hereunder, Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, costs and obligations on account of or arising out of any such injuries or losses, however occurring, unless caused by the sole and gross negligence or willful misconduct of Landlord, its agents, employees, or invitees, or as a result of the use by Landlord, or any of its sublicensees of the Premises pursuant to the Parking License (with such liability, loss, costs and obligations to be governed by the terms and conditions of the Parking License). Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section shall survive the expiration or other termination of this Lease for a period of six (6) years.
Liability & Indemnity. To the fullest extent permitted by law, Lessor shall not be responsible for damages caused by any defects in the Leased Premises or the consequences thereof. Lessor shall not be liable for any damage to person or property sustained by Lessee or its employees, contractors, sub-contractors, guests or invitees or any other person(s), and any such liability is assumed by Lessee. Lessee agrees to defend, indemnify, and hold harmless The Roman Catholic Church of the Archdiocese of New Orleans, and their members, directors, officers, employees, agents, successors, assigns and their related entities from any and all claims, causes of action and/or lawsuits, judgments, damages, (including consequential damages), penalties, fines, liabilities, losses, costs, and expenses of any kind or nature, which arise out of or are any way related to Lessee’s use of the Leased Premises, including but not limited to, any such claims, causes of action and/or lawsuits alleging bodily injury, personal injury, sexual misconduct, pain, mental anguish and/or death, and/or property loss or damage, arising from the negligence, intentional acts, fault or willful misconduct of Lessee, its employees, agents, invitees, visitors, or contracting parties, premises liability and/or defects in the Leased Premises, and/or Lessee’s performance of and/or failure to perform its obligations under this Lease, and to pay reasonable attorneys’ fees related thereto. LESSEE ACKNOWLEDGES AND AGREES THAT IT IS AGREEING TO DEFEND, INDEMNIFY AND HOLD HARMLESS The Roman Catholic Church of the Archdiocese of New Orleans FOR THEIR NEGLIGENCE OR FAULT, INCLUDING PROPERTY DEFECTS.
Liability & Indemnity. 18.1 In addition to the indemnification obligations stated elsewhere herein, Lessee hereby releases Lessor, assumes responsibility for and shall defend, indemnify and hold Lessor harmless from and against all losses, damages, claims, fines, costs (including attorneys' fees) and expenses arising from or relating to:
(a) any breach of this Lease by Lessee,
(b) any violation by Lessee of any law, rule, regulation, order, notice, ordinance or any other requirement of a public or governmental authority, including Lessee's failure to obtain any necessary approval, consent or permit,
(c) any damage (including environmental damage) to the Premises, improvements or other property,
(d) any bodily injury, including death, of any person, including, without limitation, the agents, employees, contractors, licensees, permittees and invitees of Lessor or Lessee and trespassers, which occurs on the Premises or relates to any action or omission on the Premises, and
(e) any liability arising from or relating to the condition of the Premises, or Lessee's use or occupancy thereof or placement or use of any improvements thereon, whether caused by the fault, failure or negligence of Lessee, Lessor or otherwise.
18.2 Lessee agrees it shall not have and hereby completely and absolutely waives its right to any claim against Lessor for damages or any other legal or equitable relief on account of any deficiencies in Lessor's title to the Premises. Lessee shall indemnify and hold Lessor harmless from and against all claims, litigation and damages for trespass, slander of title, overburden of easement, or other claims arising out of or based upon Lessee's use or occupancy of the Premises or any placement or use of any improvements thereon.
18.3 Nothing contained herein shall amend, alter, modify, abridge or affect the provisions of the Base Agreement relating to indemnification or the allocation of liability.
18.4 The provisions of this Article 18 shall survive the expiration or earlier termination of this Lease.
