LIABILITY, INDEMNITY AND INSURANCES Sample Clauses

LIABILITY, INDEMNITY AND INSURANCES. 14.1 Nothing in this Agreement shall limit or exclude the liability of either Party for: 14.1.1 death or personal injury resulting from its negligence; 14.1.2 fraud or fraudulent misrepresentation; 14.1.3 the deliberate default or wilful misconduct of that Party, 14.1.4 a breach of the Data Protection Act; 14.1.5 any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; and/or 14.1.6 any other matter in respect of which, as a matter of Law, liability cannot be excluded or limited. 14.2 Subject to Clause 14.1, neither Party shall be liable to the other Party, whether in Agreement (including under any indemnity), tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: 14.2.1 loss of profits, business, revenue, or anticipated savings; 14.2.2 damage to goodwill; 14.2.3 special, indirect or consequential damage or losses. 14.3 Datatank’s total liability under or arising in respect of this Agreement, except as provided by clause 14.1, shall be limited to 200% of the amount paid under this Agreement in the 6 month period immediately preceding the date on which the cause of action arose. 14.4 Datatank shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by Datatank as follows: 14.4.1 professional indemnity insurance cover in a sum of not less than (£2,000,000) two million Pounds Sterling per occurrence and unlimited in respect of the number of occurrences covered by such insurance during any one insurance period; 14.4.2 public liability insurance cover in a sum of not less than (£5,000,000) five million Pounds per occurrence and unlimited in respect of the number of occurrences covered by such insurance during any one insurance period; 14.4.3 employer’s liability insurance in the sum of (£10,000,000) ten million Pounds Sterling per occurrence and unlimited in respect of the number of occurrences covered by such insurance during any one insurance period. 14.5 Datatank shall produce evidence of such insurance and payment of the current premium to the Authority on request. 14.6 If Datatank does not maintain the necessary insurances under the Agreement the Authority may insure against any risk in respect of the default and may charge Datatank the cost of such insurance together with a reasonable admi...
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LIABILITY, INDEMNITY AND INSURANCES. 11.1 Exclusions and limitations on TCA’s liability (a) TCA excludes all conditions, warranties and terms implied by statute, general law or custom, except any non-excludable condition that exists under the Trade Practices Act 1974 (Cth) or other legislation. (b) TCA gives no warranty to the IAP Service Provider in respect of the number of vehicles that will participate in the IAP from time to time. (c) Subject to clause 11.1(d): (i) TCA hereby excludes any liability for any Claim that may arise out of contract, tort, statutory provision or otherwise that would otherwise accrue to the IAP Service Provider for any matter in relation to this Agreement; and (ii) without limiting subclause 11.1(c)(i), TCA hereby excludes all liability in relation to, or in connection with: (A) any cancellation of the IAP Service Provider’s Certification to provide IAP Services; and (B) any law, or Government Agency decision, including any decision of any road authority, to cancel or abandon the IAP, or to adopt in addition to or in substitution for the IAP, any other vehicle monitoring program. (d) TCA’s liability to the IAP Service Provider for breach of any non-excludable condition, warranty or term (other than one implied by the Trade Practices Act) is limited to the cost of the application fee for Certification.
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LIABILITY, INDEMNITY AND INSURANCES. 14.1 Nothing in this Agreement shall limit or exclude the liability of either Party for: 14.1.1 death or personal injury resulting from its negligence; 14.1.2 fraud or fraudulent misrepresentation; and/or 14.1.3 the deliberate default or wilful misconduct of that Party, 14.1.4 a breach of the Data Protection Act 14.2 Subject to Clause 14.1, neither Party shall be liable to the other Party, whether in Agreement (including under any indemnity), tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: 14.2.1 loss of profits; 14.2.2 damage to goodwill and/or reputation; 14.2.3 special, indirect or consequential damage or losses. 14.3 Datatank’s total liability under or arising in respect of this Agreement, except as provided by clause 14.1, shall be limited to […] 14.4 Datatank shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by Datatank as follows [….]
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LIABILITY, INDEMNITY AND INSURANCES. The Independent Contractor hereby indemnifies the Company, its affiliates, shareholders, directors, officers, agents, representatives, employees, consultants and professional advisers from and against all actions, claims, demands, proceedings, investigations, liabilities or judgements (collectively “claims”) and any and all losses, damages, costs, charges and expenses and including all costs, expenses and fees incurred or sustained by the Company which arise from or are connected with investigating, preparing or defending any such claim, of whatever nature and in whatever jurisdiction, and which relate to or arise, directly or indirectly, from the provisions of this Agreement. Generally, the Independent Contractor undertakes to take out such short-term insurance policies that the Company may require in its reasonable discretion. It is specifically stated and agreed that even where the Company does not act in the latter regard, this shall not in any way dilute or negate the responsibility that rests with the Independent Contractor of ensuring that the necessary insurance policies are in place. Generally insurance shall be taken to cover any damage to any of the Company’s property in the possession of the Independent Contractor. Specifically, and without limiting the Independent Contractor’s liabilities or responsibilities in terms of this Agreement, the Independent Contractor will at the very least provide the following insurance to cover its liability and responsibilities: insurance in terms of the Compensation for Injuries and Diseases Act, No. 130 of 1993, as amended. The Independent Contractor will, upon request from the Company, submit proof to the satisfaction of the Company that it is insured under the Compensation for Injuries and Diseases Act by providing the Company with adequate proof stating that it has paid all assessments due; insurance covering common law liability of the Independent Contractor; legal liability insurance cover in respect of claims for death of and/or injury to persons or loss of and/or damage to third-party property; motor vehicle liability insurance in respect of all motor vehicles brought onto the premises of the Company. The Company will have the right, but not the obligation, to examine the policies maintained by the Independent Contractor at any time before or during this Agreement. Any liability of the Company hereunder, howsoever arising, shall be limited to an amount of R________________ (_________ Rand); additionally...
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Related to LIABILITY, INDEMNITY AND INSURANCES

  • Indemnity and Insurance 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

  • LIABILITY AND INSURANCE Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.

  • Insurance and Indemnification (a) The Surviving Partnership will at all times after the Effective Time indemnify and hold harmless each person who is at the date of this Agreement, or has been at any time prior to the date of this Agreement, a general partner of the Company (or any general partner, officer or director thereof) or a managing member, general partner, director, officer or employee of any of their respective subsidiaries (“Indemnified Parties”), in each case to the fullest extent permitted by applicable law, with respect to any claim, liability, loss, damage, cost, fees (including reasonable attorneys’ fees) or expense (whenever asserted or claimed) based in whole or in part, or arising in whole or in part out of, any act or omission by that person at or prior to the Effective Time in connection with that person’s duties as a general partner, managing member, director, officer or employee, to the same extent and on the same terms (including with respect to advancement of expenses) provided in the relevant limited partnership agreement, operating agreement or articles of incorporation, or in any indemnification agreements, in effect on the date of this Agreement. The Surviving Partnership will pay all reasonable expenses, including attorney’s fees that may be incurred by any Indemnified Party in enforcing the indemnity and other obligations of the Surviving Partnership under this Section 9.3. (b) Lima and Parent will cause the Surviving Partnership to keep in effect (at no less than their current levels of coverage) for at least six years after the Effective Time the policies or tail liability coverage of (i) general partners’ liability insurance maintained by the General Partners and/or Company and (ii) either directors and officers’ liability insurance, general partner’s liability insurance or managing member liability insurance, as the case may be, maintained by the General Partners, the Company, their respective subsidiaries at the date of this Agreement; provided that (A) Lima and Parent may substitute policies having comparable coverage and amounts and containing similar terms and conditions which are no less advantageous to the persons who are currently covered by those policies and with carriers comparable in terms of credit worthiness to those which have written those policies and (B) neither Lima, Parent nor the Surviving Partnership will be required to pay an annual premium for that insurance in excess of three times the annual premium relating to the year during which this Agreement is executed, but if they are not able to maintain the required insurance for an annual premium for that amount, they will purchase as much coverage as it can obtain for that amount.

  • Liability and Indemnification A. Except as may otherwise be provided by the Investment Company Act or any other federal securities law (whose provisions may not be waived or altered by contract), the Sub-Adviser shall not be liable for any losses, claims, damages, liabilities or litigation (including reasonable attorneys fees) incurred or suffered by the Portfolio(s), the Trust or the Adviser as a result of any error of judgment, mistake of law, or other action or omission by the Sub-Adviser; provided, however, that nothing in this Agreement shall operate or purport to operate in any way to exculpate, waive or limit the liability of the Sub-Adviser for, and the Sub-Adviser shall indemnify and hold harmless the Adviser and the Trust, all affiliated persons thereof (as defined in Section 2(a)(3) of the Investment Company Act) and all controlling persons thereof (as described in Section 15 of the Securities Act) (collectively, “Adviser Indemnitees”) against, any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which any of the Adviser Indemnitees may become subject under the Securities Act, the Investment Company Act, the Advisers Act or any other statute, or at common law or otherwise, arising out of or based on (i) any willful misconduct, bad faith, reckless disregard or gross negligence of the Sub-Adviser in the performance of any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus, proxy materials, reports, advertisements, sales literature or other materials pertaining to the Portfolio(s), the Trust or the Adviser, or the omission to state therein a material fact known to the Sub-Adviser which was required to be stated therein or necessary to make the statements therein not misleading, if such statement or omission was made in reliance upon information furnished to the Adviser or the Trust by the Sub-Adviser Indemnitees (as defined below) for use therein. B. Except as may otherwise be provided by the Investment Company Act or any other federal securities law (whose provisions may not be waived or altered by contract), the Adviser shall not be liable for any losses, claims, damages, liabilities or litigation (including reasonable attorneys fees) incurred or suffered by the Sub-Adviser as a result of any error of judgment, mistake of law, or other action or omission by the Adviser; provided, however, that nothing in this Agreement shall operate or purport to operate in any way to exculpate, waive or limit the liability of the Adviser for, and the Adviser shall indemnify and hold harmless the Sub-Adviser, all affiliated persons thereof (as defined in Section 2(a)(3) of the Investment Company Act) and all controlling persons thereof (as described in Section 15 of the Securities Act) (collectively, “Sub-Adviser Indemnitees”) against, any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which any of the Sub-Adviser Indemnitees may become subject under the Securities Act, the Investment Company Act, the Advisers Act or any other statute, or at common law or otherwise, arising out of or based on (i) any willful misconduct, bad faith, reckless disregard or gross negligence of the Adviser in the performance of any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus, proxy materials, reports, advertisements, sales literature or other materials pertaining to the Portfolio(s), the Trust or the Adviser, or the omission to state therein a material fact known to the Adviser that was required to be stated therein or necessary to make the statements therein not misleading, unless such statement or omission was made in reliance upon information furnished to the Adviser or the Trust by the Sub-Adviser Indemnitees.

  • Liability Indemnification Controlled Affiliate and Plan hereby agree to save, defend, indemnify and hold BCBSA harmless from and against all claims, damages, liabilities and costs of every kind, nature and description (except those arising solely as a result of BCBSA's negligence) that may arise as a result of or related to Controlled Affiliate's rendering of services under the Licensed Marks and Name.

  • Liability and Indemnities Alberta Innovates shall not be liable in any way whatsoever to the Applicant or any of its directors, officers, employees, agents, personal legal representatives and/or heirs for any losses, damages or claims, including but not limited to indirect, incidental, consequential, or special damages or any loss of profits, loss of business opportunity, loss of revenue, or any other loss or injury suffered or arising in any way whatsoever in the course of the Project, whether arising before or after submitting an Application or entering into the Investment Agreement with Alberta Innovates. The Applicant agrees to indemnify, defend and hold harmless Alberta Innovates, its directors, officers, employees and agents against and from any and all third party claims, demands, actions and costs whatsoever (including legal costs on a solicitor and his own client full-indemnity basis) that may arise directly or indirectly out of any act or omission of the Applicant, or any of its directors, officers, employees, contractors, agents or legal representatives or the negligence or tortious act or willful misconduct of the Applicant or any of its directors, officers, employees, contractors, agents or legal representatives in relation to their obligations under this Investment Agreement. This section will survive termination or expiry of this Investment Agreement.

  • Indemnification; Liability Insurance The Company and Executive shall enter into the Company’s standard form of indemnification agreement governing his conduct as an officer and director of the Company.

  • Insurance Indemnification 7.1 The Independent Contractor shall maintain a policy or policies of liability insurance with coverages (including, but not limited to, professional liability coverage) that is/are sufficient to protect NCISD and the Independent Contractor against any claims, demands, causes of action, or damages arising out of the Independent Contractor’s performance of services under this Agreement. The limits of liability of such policy(ies) shall be in an amount acceptable to NCISD. Such policy(ies) (i) shall be written by companies authorized to issue such insurance policy(ies) in the State of Texas, (ii) shall and must name NCISD as an additional insured, and (iii) shall contain no specific limitations on the coverage afforded additional insureds. 7.2 THE INDEPENDENT CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, SAVE, AND DEFEND NCISD AND NCISD’S OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND DAMAGES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PROVISION OF SERVICES BY THE INDEPENDENT CONTRACTOR, OR ANY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTOR.

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