LIABILITY OF ENGINEER Sample Clauses

LIABILITY OF ENGINEER. Except as specifically provided herein, the ENGINEER’s sole liability to the AUTHORITY (whether the claims by the AUTHORITY are alleged to have arisen from the negligence of the ENGINEER, its subcontractors, agents or employees, breach of warranty, breach of contract, strict liability and/or any other cause) shall be for direct damages and, without modifying the meaning of direct damages, for damages to real and personal property resulting from the ordinary negligence of the ENGINEER, its subcontractors, agents or employees or breach of contract, not to exceed a total amount for all claims by the AUTHORITY against the ENGINEER of Two Million Dollars ($2,000,000); provided however, that nothing contained herein shall limit or restrict the ENGINEER’s liability for intentionally wrongful, fraudulent or grossly negligent conduct. Where reperformance of Services will fully remedy any errors or omissions of the ENGINEER, the ENGINEER may reperform such Services at its own expense in a timely fashion, provided that any reperformance shall be commenced within fifteen (15) days of learning of such errors or omissions and shall be completed within reasonable period of time not exceeding thirty
Sample 1
AutoNDA by SimpleDocs
LIABILITY OF ENGINEER. Engineer shall indemnify, defend, save and hold harmless City (and state and federal governments on State or Federal projects), its officers, agents, directors, and employees from any loss, claim, action, liability, damage, or expense, including legal fees and costs of defending actions or suits, to the extent caused or alleged to be caused, in whole or in part, or arising out of Engineer’s negligent or willful activities, omission, performance and/or fault of Engineer, its employees, representatives, or subconsultants in connection with this Contract or the work to be performed hereunder. Nothing herewith shall be construed to require indemnification of City (or, where applicable, state or federal governments) attributable to its own negligence, or for acts outside the control of Engineer or the control of anyone acting on Engineer’s behalf in connection with, or incidental to, this Contract. .
Sample 1

Related to LIABILITY OF ENGINEER

  • Liability of the Parties 5.1. The Parties shall be liable for non performance or improper performance of their obligations under this Agreement in accordance with the legislation of the Russian Federation.

  • LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms, associations, or corporations for the acts, omissions, liabilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its servants, agents or independent contractors.

  • Responsibility of Each Party 5.22.1 Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of all employees assisting in the performance of such obligations. Each Party will be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such matters. Each Party will be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting there from or otherwise generated in connection with its or its contractors' or agents' activities at the Work Locations. Subject to the limitations on liability and except as otherwise provided in this Agreement, each Party shall be responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in connection with its activities, legal status and property, real or personal, and

  • Engineer's Liability Acceptance of the final plans by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the designs, working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any defect in the designs, working drawings, specifications, or other documents prepared by said Engineer, its employees, subcontractor, agents and consultants.

  • Liability of City CITY’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 3.3.1, “PAYMENT,” OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY 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 Parties Without waiving any defenses including governmental immunity, each Party to this XXX agrees to be responsible for its own acts of negligence, which may arise in connection with any and all claims for damages, costs and expenses to person or persons and property that may arise out of or be occasioned by this XXX or any of its activities or from any act or omission of any employee or invitee of the Parties. The provisions in this paragraph are solely for the benefit of the Parties hereto and are not intended to create or grant any rights, contractually or otherwise to any third party.

  • Liability of Indemnitees (a) Notwithstanding anything to the contrary set forth in this Agreement, no Indemnitee shall be liable for monetary damages to the Partnership, the Limited Partners, or any other Persons who have acquired interests in the Partnership Interests, for losses sustained or liabilities incurred as a result of any act or omission of an Indemnitee unless there has been a final and non-appealable judgment entered by a court of competent jurisdiction determining that, in respect of the matter in question, the Indemnitee acted in bad faith or engaged in fraud, willful misconduct or, in the case of a criminal matter, acted with knowledge that the Indemnitee’s conduct was criminal.

  • Responsibility of the Contractor The Contractor shall be responsible for the quality, technical accuracy, and the coordination of all deliverables and other services furnished by the Contractor under this Contract. The Contractor shall, without additional compensation, correct, or revise any errors or deficiencies in the Work which are discovered within a twelve-month period of final completion of Work.

  • Liability for Use of Equipment City shall not be liable for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or any of its subcontractors, or by any of their employees, even though such equipment is furnished, rented or loaned by City.

  • Responsibility of the Parties 9.1. In the event of non-performance or improper performance of their obligations under this contract, the Parties shall be liable in accordance with the legislation of the Russian Federation.

Time is Money Join Law Insider Premium to draft better contracts faster.