Liability; Indemnity; Insurance. (a) EACH PARTY’S ENTIRE LIABILITY FOR ALL CLAIMS RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES INCURRED UP TO THE AMOUNTS PAID FOR THE SERVICE FOR THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM HAS ARISEN, REGARDLESS OF THE BASIS OF THE CLAIM. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM AND IRRESPECTIVE OF WHETHER SUCH PARTY SHALL HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY THEREOF.
(b) Contractor shall indemnify, defend and hold the Organization harmless from any third party demands, claims or losses, including but not limited to reasonable attorney’s fees (“Losses”), to the extent caused by a material breach by Contractor of any of its obligations under this Agreement. Contractor will have no obligation to indemnify, defend and hold harmless to the extent that Losses have been caused by the Organization. Organization shall indemnify, defend and hold Contractor harmless from any third party Losses, to the extent caused by a material breach by Organization of any of its obligations under this Agreement. Organization will have no obligation to indemnify, defend and hold harmless to the extent that Losses have been caused by Contractor. This provision shall survive the termination or expiration of this Agreement.
(c) Contractor shall maintain minimum required insurance coverage as set forth on Exhibit
Liability; Indemnity; Insurance. 1. The Contractor will be liable for any and all loss incurred by KPMG as a result of the fact that the Contractor (including its Employee(s) or a third party/third parties engaged by the Contractor has failed to fulfil or to sufficiently fulfil its obligations under the Agreement and these General Terms and Conditions.
2. The Contractor indemnifies KPMG against any and all claims from the Client arising (to any extent) from or related (to any extent) to the performance of the Main Engagement insofar as such claims (whether or not in part) arise from or (whether or not in part) are related to circumstances that are at the Contractor’s risk.
3. The Contractor indemnifies KPMG against any and all claims of third parties arising (to any extent) from or related (to any extent) to the performance of the Engagement insofar as such claims (whether or not in part) arise from or (whether or not in part) are related to circumstances that are at the Contractor’s risk.
4. KPMG is not liable for any damages suffered by the Contractor during the performance of the work.
5. The Contractor has taken out adequate insurance to cover its statutory and professional liability. If requested, the Contractor must provide KPMG with proof of insurance or, if requested, must have it stated on the insurance policy that any benefits must be paid directly to KPMG if the latter is required to pay damages to third parties.
6. The Contractor hereby assigns in advance all claims in respect of insurance benefit(s) related to loss.
Liability; Indemnity; Insurance. DAOR is not liable to USER for injury to persons or loss or damage to the personal property of USER or USER’s principals, employees, independent contractors, clients, customers, agents, vendors, suppliers, and guests (collectively referred to as “Invitees”), including any personal property left at, in, or on the Educational Center before, during or after the Event. USER agrees to indemnify and hold DAOR harmless from any and all liabilities, claims, and demands for personal injury, property damages, government fines, assessments, or fees, and/or attorney fees or cost arising out of or caused by any act of omission of DAOR and/or DAOR’s agents, employees, vendors or Invitees arising in or about the Auditorium at any time before, during, after or related to the Event. USER has or will obtain liability insurance coverage covering the Event. USER will provide DAOR an insurance rider evidencing such coverage and naming DAOR as an additional insured no later than 5:00 p.m. on the last business day prior to the Event. Failure of USER to provide proof of insurance will not be a waiver by DAOR of its rights under this Rental Agreement.
Liability; Indemnity; Insurance. 12.1 Isopartner is not liable for any loss on the Customer's part, unless the Customer's loss is directly related to any intentional or wilful reckless act of only Isopartner's executive staff.
12.2 Under no circumstances is Isopartner liable for indirect loss, consequential loss and/or injury to persons or damage to goods of the Customer, its personnel and/or third parties engaged by it.
12.3 Isopartner is not liable for loss caused by engaged third parties and/or due to late or wrong delivery.
12.4 Any possible liability of Isopartner towards the Customer is limited to a maximum of the amount paid by Isopartner's insurer in the specific case, increased by Isopartner's applicable excess.
12.5 The Customer must report the loss suffered by it to Isopartner by registered letter as soon as possible, but at the latest within eight (8) days after it has arisen or has become known. Loss not reported within this period is not considered for compensation. In any case, all the Customer's legal claims against Isopartner expire after one (1) year, counting from the day on which the relevant obligation under the Agreement became due and payable or the event causing the loss took place.
12.6 The Customer indemnifies Isopartner against all claims on any account whatsoever of third parties that are related to the Products delivered by Isopartner to the Customer, except insofar as said claims are the result of intent, wilful recklessness or gross negligence of Isopartner's executive staff.
12.7 Without prejudice to the Customer's obligations in the Agreement and the General Terms and Conditions, the Customer ensures adequate insurance in order to fully comply with the indemnity obligations towards Isopartner referred to in articles 12.6 and 13.3 and other obligations and liabilities under the Agreement. The Customer provides Isopartner with an insight into its insurance policies upon first request.
Liability; Indemnity; Insurance a. EACH PARTY’S ENTIRE LIABILITY FOR ALL CLAIMS RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES INCURRED UP TO THE AMOUNTS OF RECOVERABLE INSURANCE. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, IRRESPECTIVE OF WHETHER SUCH PARTY SHALL HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO EITHER PARTY’S LIABILITY FOR: (i) DEATH OR PERSONAL INJURY, (ii) INTENTIONAL MISCONDUCT OR WILLFUL FRAUD, OR
Liability; Indemnity; Insurance.
10.1 Exclusion of DevelopmentWA’s Liability: Nothing expressed or implied in this Agreement confers any liability on DevelopmentWA in respect of any loss, damage, cost or expense suffered or incurred by the User, to the extent that this results from any act or omission by any
Liability; Indemnity; Insurance a. In no event shall CTCO be liable for any use of the Material by Caerus or any damages related thereto.
b. Caerus hereby agrees to defend, indemnify and hold CTCO harmless from any loss, claim, damage, expense (including without limitation any legal expenses) or liability, of any kind or nature, which may arise from Caerus’s activities hereunder including (i) its use, testing, administration, storage, or disposal of the Material, (ii) its use of the Information or (iii) a breach of any of its representations or warranties made herein, except to the extent the same was directly caused by the gross negligence or willful misconduct of employees of CTCO.
c. Caerus shall maintain, during the term of this Agreement, Comprehensive General Liability Insurance, including but not limited to third party liability, with reputable and financially secure insurance carrier(s) to cover all claims against liability arising out of the Services and shall provide annually to CTCO a certificate of such insurance.
Liability; Indemnity; Insurance. Landlord shall have no obligation to design, install, construct, use operate, maintain, repair, replace or remove Tenant's Lines, nor shall Landlord have any other responsibility or liability in connection therewith or the operations thereof, except as expressly set forth in this Paragraph 55. The provisions of Paragraphs 14, 15 and 16 of this Lease shall apply in full to Tenant's use of the License Areas and Tenant's installation, operation, maintenance and removal of the Lines.
Liability; Indemnity; Insurance. Landlord shall have no obligation to design, install, construct, use, operate, maintain, repair, replace or remove the Equipment, nor shall Landlord have any other responsibility or liability in connection therewith or the operations thereof, except as expressly set forth in this Section.
Liability; Indemnity; Insurance. 3.1 Sea Island agrees, at its own cost and expense, to comply and cause its agents, employees and contractor(s) to comply, with all applicable Laws, including the state “Call Before You Dig” requirements. Sea Island shall indemnify, defend and save harmless the County and each of its officers, officials, commissioners, representatives, employees, agents, affiliates, successors, and assigns from and against, and shall pay, all expenses, damages, penalties, and claims, including without limitation reasonable counsel fees, that may arise from, or be imposed because of, the failure of Sea Island to comply with this provision.
3.2 Sea Island hereby agrees to indemnify, defend, protect and save the County and each of its officers, officials, commissioners, representatives, employees, agents, affiliates, successors, and assigns, harmless from and against:
(a) injury to or death of any person or persons, including but not limited to the agents, employees or contractor(s) of the parties hereto, resulting from the acts or omissions of Sea Island, its agents, employees or contractors in connection with the performance of the Work, the Conduit, or the fiber;
(b) loss or damage to any property, including property claims, demands, suits, judgments or expenses incurred in connection therewith, resulting from the acts or omissions of Sea Island, its agents, employees or contractor(s) in connection with the performance of the Work, the Conduit, and fiber; and
(c) liability, loss, costs, damages, fees and expenses (including attorneys’ fees) as a result of any claim, demand, suit, claims settlement, award, penalty, fine, defense or judgment because of loss, damage, harm, or injury to any person, property or right caused by or resulting from (i) the Conduit or the fiber, (ii) the condition, use, location, relocation, planning, development, construction, repair, design, installation, re-installation, removal, and/or maintenance of the Conduit or fiber, (iii) the relocation or removal or failure to relocate or remove the Conduit, (iv) any damage to the Conduit or the fiber optic cable by the County or a third party (except as provided herein), and/or (v) any break in service pertaining to the fiber optic cable; provided that the indemnities by Sea Island set forth in this Section 3.2 shall not apply to any such injury or death or such loss or damage to any property or the losses described in Section 3.2(c)(i)-(v) that are caused by the gross negligence or willful misconduct of...
