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.
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.
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.
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 a. In no event shall CTCO be liable for any use of the Material by Caerus or any damages related thereto.
Liability; Indemnity; Insurance. (a) Each Party hereto (the “Indemnifying Party”) agrees to defend, indemnify and hold the other Party and its Representatives (the “Indemnitees”) harmless from any loss, damage, expense, injury, penalty, fine, fee or charge (including reasonable attorneys’ fees and court costs) (“Losses”) incurred by the Indemnitees resulting from any suit, action, or proceeding brought by a third party (“Third-Party Claim”) to the extent arising from or in connection with the Indemnifying Party’s breach of this Agreement or its gross negligence or willful misconduct hereunder, except to the extent arising out of the breach of this Agreement or gross negligence or willful misconduct of the Indemnitee(s).
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 Article 21. Notwithstanding any provision of this Lease to the contrary, the Equipment shall be in or on the Building at the sole risk of Tenant and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof, and Tenant hereby waives all claims against Landlord in connection therewith. In the event of an interruption in, or failure or inability to provide electricity to the Equipment, such interruption shall not impose upon Landlord any liability whatsoever (including, without limitation, liability for consequential damages or loss of business by Tenant) and Tenant hereby waives all claims against Landlord or its agents or employees for any loss or damage resulting from any such interruption. Further, notwithstanding any provision of this Lease to the contrary, except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents or contractors, Tenant agrees to indemnify, defend and hold harmless Landlord, and Landlord’s agents and employees and the holders of any interest in Landlord and/or the Building from and against any and all claims, which result from or arise out of (i) the installation, operation, existence, maintenance, repair, removal, replacement or relocation of the Equipment, (ii) any construction or other work undertaken by or on behalf of Tenant in or about the License Areas, or (iii) any breach or default under this Article 21 by Tenant, whether any of the foregoing occurs on the Antenna Site, the other License Areas or any other place within or without the Building and whether occurring prior to, during or subsequent to the term of this Lease. This Section 21.9 shall survive the expiration or termination of this Lease.
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.
