LIABILITY OF DEVELOPER. DEVELOPER shall save and hold the BOARD harmless and free from any suit or cause of action, claim or demand, which may be brought or made against the DEVELOPER or its successor in interest or its purchaser by any third party arising from the performance or DEVELOPER shall furthermore continue to be liable to the BOARD for the performance of all terms and conditions of this Agreement regardless of the DEVELOPER's failure to continue work under this Agreement or assignment of its rights to do such work and regardless of the status of ownership of the real property or any portion thereof made the subject of the final Subdivision Map of the Subdivision referred to in this Agreement. In the event the BOARD is required to institute legal action to compel performance of this Agreement, or to defend any suit or claim, or liability resulting from or arising out of this Agreement, DEVELOPER shall pay to the BOARD all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by the BOARD in connection therewith.
LIABILITY OF DEVELOPER. Notwithstanding anything to the contrary contained in this Agreement,
(a) In addition to the Developer’s liability and obligations and JTDCL remedies provided elsewhere in this Agreement, the Developer shall be solely responsible for any loss of or damage to the Project Facilities, damage to environment, death or injury to person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by JTDCL during the Agreement Period:
(i) resulting from any act, omission or negligence of the Developer or any other Person claiming through or under it, including Subcontractors, and their respective employees, agents, subcontractors and representatives.
(ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Developer or any other Person claiming through or under it, or non-performance of any term, condition, covenant or obligation to be performed by the Developer under this Agreement.
(b) The Developer shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non-compliance with building bye laws, other Applicable Laws, regulatory requirements of Competent Authorities, Specifications and Standards or any other matter) for which the Developer is liable or which is attributable to the Developer and, in turn, the Persons claiming through or under the Developer.
(c) The Developer shall be fully and solely liable for all works, contracts, dealings and activities in relation to the development, design, financing, construction, maintenance and implementation of the Project.
LIABILITY OF DEVELOPER. DEVELOPER shall save and hold the BOARD harmless and free from any suit or cause of action, claim or demand, which may be brought or made against the DEVELOPER or its successor in interest or its purchaser by any third party arising from the performance or nonperformance of the construction of the subdivision improvements as provided herein or any and all other conditions of this Agreement. In the event the BOARD is required to institute legal action to compel performance of this Agreement, or to defend any suit or claim, or liability resulting from or arising out of this Agreement, DEVELOPER shall pay to the BOARD all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by the BOARD in connection therewith.
LIABILITY OF DEVELOPER. DEVELOPER shall save and hold the BOARD harmless and free from any suit or cause of action, claim or demand, which may be brought or made against the DEVELOPER or its successor in interest or its purchaser by any third party arising from the performance or nonperformance of the construction of the subdivision improvements as provided herein or any and all other conditions of this Agreement. DEVELOPER shall furthermore continue to be liable to the BOARD for the performance of all terms and conditions of this Agreement regardless of the DEVELOPER's failure to continue work under this Agreement or assignment of its rights to do such work and regardless In the event the BOARD is required to institute legal action to compel performance of this Agreement, or to defend any suit or claim, or liability resulting from or arising out of this Agreement, DEVELOPER shall pay to the BOARD all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by the BOARD in connection therewith.
LIABILITY OF DEVELOPER. (i) Developer shall defend, indemnify and hold DU Ad Platform (including XXXX’x officers, directors, employees, corporate Developers, subsidiaries, agents, and subcontractors) harmless from any and all liabilities, claims and losses of any kind or nature (including but not limited to reasonable attorney’s fees and costs) arising from or in connection with any breach of any of Developer’s obligations and/or representations of this Agreement by Developer, Developer’s officers, directors, employees, corporate Developers, subsidiaries, agents, commercial partners and/or subcontractors.
(ii) DU Ad Platform shall promptly notify Developer of any such claim or action, and DU Ad Platform shall be entitled, at its own expense, and upon reasonable notice to Developer, to participate in the defense of such claim or action.
(iii) Participation in the defense shall not waive or reduce any of Developer’s obligations to indemnify or hold DU Ad Platform harmless. Developer shall indemnify for any reasonable attorneys' fees or other costs incurred by DU Ad Platform in investigating or enforcing this Section 10.
LIABILITY OF DEVELOPER. 17.15.1 The Developer shall remain responsible for all the defects for which the Developer is held accountable during the entire Defects Liability Period.
LIABILITY OF DEVELOPER. 1The DEVELOPER shall remain responsible for all the defects for which the DEVELOPER is held accountable during the entire Defects Liability Period.
LIABILITY OF DEVELOPER. If as a result of the delays mentioned above the Vendor/Developer is unable to complete the aforesaid flat to be sold or hand over possession thereof to the PURCHASER, in that event the only responsibility and liability of the Vendor/Developer shall be to repay to the PURCHASER and/or to the other several persons who have purchased the flat and any other portions of the said property, the total amount/s (attributable to the said flat) that may be received by the Vendor/Developer at the time and in the manner as may be received by the Vendor/Developer pursuant to such legislations, order or statutory rule and the same as aforesaid, and neither party to this Agreement shall have any right and/or claim against the other under or in relation to this Agreement, or otherwise howsoever.
LIABILITY OF DEVELOPER. The Developer's liability to ESCo howsoever arising out of or in connection with this Agreement (including under the Leases and whether in contract, negligence or otherwise) shall: in respect of any Losses recoverable by it under any of the insurances required pursuant to Clause 23 (Insurance), be the amount recovered by the Developer under such insurances or that would have been recoverable but for the breach by the Developer of its obligations under Clause 23 (Insurance); [Drafting Note: Parties to consider according to the particular circumstances. Parties to consider what losses they would want to claim for and which of these would be recoverable under insurance policies.] in the case of Loss of or damage to physical property, not exceed [ ] ([ ] pounds Sterling) per incident or series of related incidents; or in the case of all other Losses, not exceed in aggregate [ ] ([ ] pounds Xxxxxxxx) (together, the "Developer Cap on Liability"). The Developer may at any time request an increase in the Developer Cap on Liability by giving written Notice to ESCo of such increase sought, provided that the Developer Cap on Liability shall only be increased with ESCo’s consent (not to be unreasonably withheld or delayed).
LIABILITY OF DEVELOPER. Notwithstanding anything to the contrary in this Agreement, Developer’s maximum total responsibility for any claim by Owner of any kind or character arising out of or related to this Agreement shall be limited to the maximum amount of the Development Fee, Three Million Dollars ($3,000,000) unless such liability is a result of Developer’s fraud, gross negligence or willful misconduct.
