Common use of Liability of Consultant Clause in Contracts

Liability of Consultant. 12.1 Notwithstanding anything contained herein to the contrary, Consultant agrees to indemnify and hold harmless ISR and its directors, officers, and employees from and against all taxes, losses, damages (including direct, indirect or consequential damages) or loss to property of either ISR or third parties, or injuries to or death of persons, including employees of ISR and third parties, of whatever kind caused by, arising out of, incidental to, or connected with the Services, liabilities, costs and expenses, including attorney's fees and other legal expenses, arising directly or indirectly from (i) any negligent, reckless or intentionally wrongful act of Consultant or Consultant's assistants, employees or agents, (ii) a determination by a court that the Consultant is not an independent contractor, or (iii) any breach by the Consultant or Consultant's assistants, employees or agents of any of the covenants contained in this Agreement . Such responsibility shall include court costs and attorneys’ fees, if any, in proportion to the Consultant’s share of the liability. However the Consultant´s overall liability under this Agreement shall be limited to an amount of a total of 100% of the Contract Price. Notwithstanding the aforesaid, for the following types of damage, no limitation of liability shall apply: • Damages of any kind and amount with relation to an intentional or malicious act or omission by the Consultant, its employees, agents, representatives and subcontractors. • Damages caused by claims asserted against ISR by third parties due to actual infringement of intellectual property rights with respect to the Services, which will have been asserted by a competent jurisdiction in a final and binding decision. • Any bodily injuries for which the Consultant is responsible.

Liability of Consultant. 12.1 Notwithstanding anything contained herein to the contrary, Consultant agrees to indemnify and hold harmless ISR and its directors, officers, and employees from and against all taxes, losses, damages (including direct, indirect or consequential damages) or loss to property of either ISR or third parties, or injuries to or death of persons, including employees of ISR and third parties, of whatever kind caused by, arising out of, incidental to, or connected with the Services, liabilities, costs and expenses, including attorney's fees and other legal expenses, arising directly or indirectly from (i) any negligent, reckless or intentionally wrongful act of Consultant or Consultant's assistants, employees or agents, (ii) a determination by a court that the Consultant is not an independent contractor, or (iii) any breach by the Consultant or Consultant's assistants, employees or agents of any of the covenants contained in this Agreement . Such responsibility shall include court costs and attorneys’ fees, if any, in proportion to the Consultant’s share of the liability. However the Consultant´s overall liability under this Agreement shall be limited to an amount of a total of 100% of the Contract Price. Notwithstanding the aforesaid, for the following types of damage, no limitation of liability shall apply: • Damages of any kind and amount with relation to an intentional or malicious act or omission by the Consultant, its employees, agents, representatives and subcontractors. • Damages caused by claims asserted against ISR by third parties due to actual infringement of intellectual property rights with respect to the Services, which will have been asserted by a competent jurisdiction in a final and binding decision. • Any bodily injuries for which the Consultant is responsible.. 'קנ 12 :ןפוג:בצועמ