LIABILITY OF COUNTY. COUNTY’S payment obligations under this Agreement shall be limited to the payment of the compensation provided for in section 9, “THE CONTRACT SUM,” of this Agreement. Notwithstanding any other provision of this Agreement, in no event shall COUNTY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement.
LIABILITY OF COUNTY. 9.1 Except as provided in Appendix “A”, Services to be Provided by Consultant, and Appendix “C”, Insurance, County’s obligations under this Agreement shall be limited to the payment of the compensation provided for in Sections 3, 4 and 5 of this Agreement.
9.2 Notwithstanding any other provision of this Agreement, in no event shall County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
9.3 County shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Consultant, or by any of its employees, even though such equipment be furnished, rented or loaned to Consultant by County. The acceptance or use of such equipment by Consultant or any of its employees shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify, defend and save harmless County from and against any and all claims for any damage or injury of any type, including attorneys’ fees, arising from the use, misuse or failure of such equipment, whether such damage be to the Consultant, its employees, County employees or third parties, or to property belonging to any of the above.
9.4 Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which County may have under this Agreement or any applicable law. All rights and remedies of County, whether under this Agreement or other applicable law, shall be cumulative.
LIABILITY OF COUNTY. COUNTY, who shall act as an independent contractor, shall be solely responsible for all damages to persons or property that may occur as a result of negligence or fault of the COUNTY in connection with the performance of SERVICES under this contract. COUNTY will hold harmless and indemnify SEUALG from any negligent or intentional acts or omissions of its employees or agents performing this contract, which are not barred by the Governmental Immunity Act, UCA Sec 63-30-1, et. Seq., 1953, as amended.
LIABILITY OF COUNTY. The County's liability for monetary damages for breach of this Contract shall, in the aggregate, be limited to the payment amount of this Contract. In no event shall the County be liable to Contractor for any indirect, special or consequential damages, notwithstanding any notice of the possibility of such damages.
LIABILITY OF COUNTY. This Extension No. 1 to Form of Agreement Concerning Affiliation for Clinical Training of Medical Students between Emory University School of Medicine and Xxxxxx County shall not become binding on the County and the County shall incur no liability upon same until such agreement has been executed by the Chair to the Commission, attested to by the Clerk to the Commission and delivered to the University.
LIABILITY OF COUNTY. This Form of Agreement between Emory University School of Medicine and Xxxxxx County, Georgia Concerning the Xxxxxx County Chief Medical Examiner’s Role as Director of Forensic Pathology Training Program shall not become binding on the County and the County shall incur no liability upon same until such agreement has been executed by the Chair to the Commission, attested to by the Clerk to the Commission and delivered to the University.
LIABILITY OF COUNTY. COUNTY’S payment obli- gations under this Agreement shall be limited to the payment of the compensation provided for in section 3, “PAYMENT FOR SERVICES,” of this Agreement. Not- withstanding any other provision of this Agreement, in no event shall COUNTY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement.
LIABILITY OF COUNTY. The County shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The County shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The County shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions covenants or agreements of the Fiscal Agent herein
LIABILITY OF COUNTY a. County covenants with District that if County violates any covenant, agreement or stipulation herein contained on its part to be kept, performed or observed, and any such default continues for fifteen days after written notice thereof is given by District to County, then, and in addition to any other remedies or causes of action provided in this Contract or now or hereafter existing at law or in equity, District may, at its option, cure such default and County shall reimburse District for District’s reasonable costs incurred in curing such default within ten days after demand therefore by District which demand shall be accompanied by a statement or statements showing such cost. In the event County fails or refuses to reimburse District within ten days after District’s demand for such reimbursement, District may deduct said reasonable costs from the next monthly payment or payments and/or from any other charge or charges payable by District hereunder, in which case such deduction shall not be considered a default by District under provisions hereof relating to District’s obligation to pay any charges. If at the time of expiration of the above-mentioned fifteen day period County is engaged in good faith in diligently remedying such default and continues so to do, then this Contract and County’s rights hereunder shall continue in full force and District shall have no right to cure such default.
b. In addition to the above within this Article 18, Liability of County, if the County shall fail to perform any covenant, term or condition of this Contract upon the County's part to be performed and, as a consequence of such default, the District shall recover a money judgment against the County, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of the County in East Hall as the same may then be encumbered and the County shall not be liable for any deficiency. It is understood that in no event shall the District have the right to levy execution against any property of the County other than its interest in the East Hall as hereinbefore expressly provided. In the event of the sale or other transfer of the County's right, title and interest in the East Hall or any portion thereof the County shall be released from all liability and obligations hereunder.
LIABILITY OF COUNTY. The County shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The County shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The County shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds, or as to the existence of a default or event of default thereunder. In the absence of bad faith, the County, including the Treasurer, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the County and conforming to the requirements of this Agreement. The County, including the Treasurer, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the County to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The County and the Treasurer may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The County may consult with counsel, who may be the County Counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The County shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactory established, if disputed. Whenever in the administration of its duties under this Agreement the...
