Liability of Contractor. Contractor is responsible for thoroughly inspecting all Corporation-loaned tools and equipment for defects. If Contractor notices any defects with the loaned equipment, Contractor shall immediately notify Corporation, return the items, and not utilized by Contractor. The Commercial General Liability Insurance policy maintained by Contractor under this Contract shall include liability coverage for liability assumed by Contractor associated with the use, supervision, and training of personnel using the loaned equipment. Contractor is solely liable for all injuries or death of any and all persons and for damage, loss, and/or destruction of property arising out of or connected in any manner with the use of Corporation loaned equipment or tools.
Liability of Contractor. (a) CONTRACTOR bears all risk of loss or damage due to:
(1) Defects in Services or Deliverables;
(2) The negligence or intentional misconduct of CONTRACTOR or its employees, agents, subcontractors, or representatives.
(b) CONTRACTOR MUST, AT THE CONTRACTOR’S OWN EXPENSE, DEFEND WITH COUNSEL APPROVED BY THE STATE, INDEMNIFY, AND HOLD HARMLESS THE STATE AND STATE EMPLOYEES, OFFICERS, DIRECTORS, SUBCONTRACTORS AND AGENTS FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, PENALTIES, COSTS, FEES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, AND EXPENSES FROM ANY CLAIM OR ACTION FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH, TO THE EXTENT CAUSED BY OR ARISING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CONTRACTOR AND ITS EMPLOYEES, OFFICERS, AGENTS, OR SUBCONTRACTORS.
(c) CONTRACTOR will not be liable to HHSC for any loss, damages or liabilities attributable to or arising from:
(1) The failure of HHSC or any state agency or HHSC CONTRACTOR to perform a service or activity in connection with this Agreement; or
(2) CONTRACTOR’s prudent and diligent performance of the Services in compliance with instructions given by HHSC in accordance with Section 1.03 (relating to implied authority) and Section 3.03 (relating to delegation of authority) of this Agreement.
(d) CONTRACTOR will ship all Equipment and Software purchased and Third Party Software licensed pursuant to the Agreement, freight prepaid, FOB HHSC’s destination. The method of shipment will be consistent with the nature of the Equipment and Software and hazards of transportation. Regardless of FOB point, CONTRACTOR agrees to bear all risks of loss, damage, or destruction of Deliverables, in whole or in part, ordered hereunder that occurs prior to Acceptance, except loss or damage attributable to HHSC’s fault or negligence; and such loss, damage, or destruction will not release CONTRACTOR from any obligation hereunder. After Acceptance, the risk of loss or damage will be borne by HHSC, except loss or damage attributable to CONTRACTOR’s fault or negligence.
Liability of Contractor. Contractor shall be responsible for all damages to persons or property that occurs as a result of the negligence or fault of Contractor in connection with the prosecution of the work. Contractor shall also be responsible for all materials delivered and work performed until completion and final acceptance.
Liability of Contractor injury or damage to property
Liability of Contractor personal injury or death
Liability of Contractor. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 137.1 (Contractor's Warranties and Undertakings) shall be in addition to and without prejudice to any other present or future liability of the Contractor to the Authority (including, without prejudice to the generality of the foregoing, any liability in negligence) and shall not be released, diminished or in any other way be affected by any independent enquiry into any relevant matter which may be made or carried out by or on behalf of the Authority by any person nor by any action or omission of any person whether or not such action or omission might give rise to an independent liability of such person to the Authority provided always that the Contractor shall owe no greater duties or obligations to the Authority under this Agreement than it owes or would have owed to Project Co under the Construction Contract. Without prejudice to Clause 147 (Aggregate Liability), the Contractor shall be entitled in any action or proceedings brought by the Authority under this Agreement to rely on any limitation or exclusion of liability in the Construction Contract and to raise equivalent rights in defence of liability (but excluding set-offs and counterclaims) as it would have against Project Co under the Construction Contract.
Liability of Contractor. CONTRACTOR will not be liable to HHSC for any loss, damages or liabilities attributable to or arising from:
(1) The failure of HHSC or any state agency or HHSC CONTRACTOR to perform a service or activity in connection with this Agreement; or
(2) CONTRACTOR's prudent and diligent performance of the Services in compliance with instructions given by HHSC in accordance with section 2.07 (relating to implied authority), section 4.04 (relating to notices), and section 4.06 (relating to delegation of authority) of this Agreement.
Liability of Contractor. Contractor agrees to indemnify, defend (at UT’s written request), and hold harmless UT, its officers, employees, and Workforce members from and against any and all claims, lawsuits, actions, proceedings, losses, damages, costs, expenses, liabilities, assessments, judgments, administrative fines of any nature, including but not limited to reasonable attorneys’ fees, costs and expenses which arise out of or are caused by the acts and/or omissions of Contractor, Contractor’s agents, or Contractor’s subcontractors in carrying out the terms and conditions of this Agreement, including but not limited to a Breach of any Unsecured PHI, a breach of this Agreement, or a failure to comply with HIPAA.
Liability of Contractor. 6.1 The Contractor shall fully and promptly indemnify the Employer against any liability to any person or property whatsoever arising out of or connected with the carrying out of the Works and/or the act or omission of the Contractor in any way in connection with the Contractor’s obligations under this Contract or any act or omission of any employee of the Contractor howsoever such liability may arise.
6.2 The Contractor may be responsible for liaising with residents and neighbouring properties over the Works and working with them to minimise the risk of damage to property, vegetation and ensuring the security of the individual premises.
6.3 The Contractor shall notify residents affected by the Work of their progress and especially inform individual properties in writing, with a copy of each notification to be given to the Contract Administrator, identifying: - • the Contractor’s or Employer’s contact details • expected duration of the Works • working hours and days • any relevant information pertaining to the construction
Liability of Contractor. 11.1 The Contractor shall be liable for any and all damage suffered by the Customer, its employees, agents, representatives or third parties, whether in the nature of loss of or damage to property or personal injury, in each case caused by the Contractor or any of its Employees in connection with the performance of the Services.
