Liability of Service Provider. If the Trust (i) finds that the NWH or any of its Personnel has committed serious misconduct or ethical wrong or has been charged with having committed a criminal action and negligence, deficiency of service, or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the Service Provider shall be held liable and are answerable to Courts, Forums upon their own responsibility.
Liability of Service Provider. To the extent permitted by Law, the Service Provider’s liability to the Shipper in connection with this document, the operation of the VicHub or the provision of Services to the Shipper, whether under common law, tort, equity statute or otherwise, is limited to any Direct Loss suffered or incurred by the Shipper as a direct result of the Service Provider’s breach of this document.
Liability of Service Provider. 19.1 The Service Provider shall be liable for and shall indemnify the Council against any expense, liability, loss, claim or proceedings arising under any statute or at common law in respect of personal injury to or death of any person arising out of or in the course of or caused by the performance of the Services, except to the extent that the same is due to any act or neglect of the Council or of any person for whom the Council is responsible.
19.2 The Service Provider shall be liable for and shall indemnify the Council against any expense, liability, loss, claim or proceedings in respect of any loss of or injury or damage to any property, real or personal, in so far as such loss, injury or damage arises out of or in the course of or by reason of the performance of the Services, and to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Service Provider, its employees or agents, or of any person employed or engaged by the Service Provider upon or in connection with the performance of the Services or any part, its employees or agents.
19.3 The Service Provider warrants that it has fully satisfied itself as to the scope and nature of the Services and of its obligations under the Contract and has made all necessary appropriate searches, enquiries and inspections.
Liability of Service Provider. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 157.1 (Service Provider's warranties and Undertakings) shall be in addition to and without prejudice to any other present or future liability of the Service Provider 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 Service Provider 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 Service Contract. Without prejudice to Clause 147 (Aggregate Liability), the Service Provider 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 Service 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 Service Contract. If the Design Build Finance and Maintain Agreement is terminated because of a Project Co default then the Service Provider shall indemnify and keep indemnified the Authority against all Direct Losses relating to any contractual claims made by Retained Employees as a consequence of their redundancy resulting from the early termination of the Design Build Finance and Maintain Agreement and/or the Service Contract. The Authority will use reasonable endeavours to mitigate such Direct Losses.]
Liability of Service Provider. In particular, the Service Provider shall never be liable for damage that is not attributable to it. The Service Provider shall only be liable for damage resulting from its proven fault or that of its employees and/or its subcontractors. The Service Provider shall stipulate all statutory and contractual rights that it may invoke to defend its own liability, also for the benefit of all those including both subordinates and non- subordinates - who are involved in the performance of the Agreement and for whom it is liable by law.
Liability of Service Provider. 10.1 The Service Provider shall indemnify and keep the Council indemnified against the injury to or death of any person or persons and loss of or damage to any property including property of the Council and against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, which for the avoidance of doubt includes any claim based on the Human Rights Xxx 0000, except and to the extent that it may arise out of the act, default, or negligence of the Council, its employees or agents not being the Service Provider or employed by the Service Provider.
Liability of Service Provider. Service Provider, its directors, officers, employees and agents will not be responsible for any liabilities suffered or incurred by Service Recipients or any Shareholder of Service Recipients arising out of or in the course of the discharge of its duties as Service Provider except where Service Provider (or any person for whom Service Provider is vicariously liable) has committed (i) Gross Negligence but provided that in no such event is Service Provider liable for any claim arising out of any Reporting Parent’s public disclosures or for its lost profits or other consequential damages, or (ii) Wilful Misconduct in which case Service Provider will be liable for any claim arising out of any Reporting Parent’s public disclosures or for its lost profits or other consequential damages.
Liability of Service Provider. 13.1 The Goods are at the risk of the Customer. Neither the Service Provider nor any Subcontractor nor any other person who undertakes the Services will, under any circumstances, (except where any legislation otherwise requires) be under any liability whatsoever (whether in contract, tort, bailment or otherwise) for any:
(a) loss of the Goods;
(b) Damage to the Goods; or
(c) misdelivery or nondelivery of the Goods, whether in the course of Services or otherwise, unless the Customer proves that such loss, Damage, misdelivery or nondelivery was caused by the negligence or wilful default of the Service Provider.
13.2 Any liability of the Service Provider under clause 13.1 will be reduced proportionately to represent the extent to which the Customer’s (or any other person’s) negligent or wrongful act or omission caused the loss, Damage, misdelivery or nondelivery of the Goods.
Liability of Service Provider. If the Trust (i) finds that the NWH or any of its Personnel has committed serious misconduct or ethical wrong or has been charged with having committed a criminal action and negligence, deficiency of service, or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the Service Provider shall be held liable and are answerable to Courts, Forums upon their own responsibility. If required under SCC, the Service Provider shall ensure that at all times during the Service Provider’s performance of the Services, a coordinator(s), acceptable to the Trust, shall be coordinating the performance of such Services.
Liability of Service Provider. Service Provider shall be liable for the compliance with its tasks set forth in this Agreement and for the acts and omission of the Research Staff. Should Service Provider, or any of its Research Staff not fulfil any of its tasks stipulated in this agreement, Study Protocol, other Study related written Instructions, Regulatory Approval and Ethics Committee
7.1 Odpovědnost poskytovatele služeb: Poskytovatel služeb je odpovědný za dodržování svých úkolů stanovených v této smlouvě i za jednání či opomenutí výzkumných pracovníků. Pokud poskytovatel služeb nebo někdo z jeho výzkumných pracovníků nesplní jakýkoli ze svých úkolů stanovených v této smlouvě, v protokolu klinického opinion, and/or local, international regulatory requirements and relevant Applicable Laws, it shall be deemed as fundamental breach of contract. As consequence of such fundamental breach Sponsor may terminate this agreement according to Section 18.2 of this Agreement. In this case Service Provider will have no claim for remuneration for rendered services under this Agreement. hodnocení nebo jiných písemných instrukcích vztahujících se ke klinickému hodnocení, ve schválení orgánu dohledu a ve stanovisku etické komise, případně v místních či mezinárodních regulačních požadavcích a platných právních předpisech, bude to považováno za zásadní porušení smlouvy. Jako důsledek tohoto zásadního porušení může zadavatel tuto smlouvu podle odstavce 18.2 ukončit. V tomto případě nemusí mít poskytovatel služeb nárok na odměnu za poskytnuté služby na základě této smlouvy.
