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.
Liability of Service Provider. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 2.1 (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 12 (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. [Retained Employee Indemnity 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. 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. 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. 23 General indemnity Third Party Claims Exclusion Conduct of litigation Please fix this. 24 13 Insurance 25 Insurances to be effected and maintained Approval of the terms and conditions of insurance Common terms Subcontractor insurance Access to policies Consequences of non-compliance Service Provider’s further obligations Notices of potential Claims 26 26 26 27 27 14 Security 27 Provision Purpose of Security Set-off and recourse to Security No injunction or beneficial interest Replacement of Security Release of Security on expiry or termination Failure to provide Security 28 29 29 15 Record keeping 29 Records to be maintained Form and Inspection of records Auditing 30 16 Information Security 31 Service Provider’s representations and warranties Western Power’s representations and warranties 17 Representations and warranties 32 18 Force Majeure 33 Force majeure relief Affected Person’s obligations In case of breach Limits of Force Majeure 34 34 19 Disconnection 34 Right to Disconnect Reconnection Costs Interaction with other rights Effect on Availability 34 35 35 20 Default and termination 35 Notice of default Extension of cure period Failure to cure Immediate rights of termination Time of termination 36 36 21 Cure of Service Provider breaches by Western Power 36 Right to cure Obligation to co-operate End of remedy Costs and liability 36 37 37 37 22 Termination for Convenience 37 23 Preservation of Rights 38 24 Disputes 38 Party may give notice of Dispute and require representatives’ meeting Party may require CEO Meeting Method of meetings Party may commence court proceedings Obligations must be performed 38 38 38 38 39 25 Independent Expert Dispute Resolution 39 Application Resolution Institute Rules Reference to Independent Expert Qualifications of Independent Expert Presentation of evidence Role of Independent Expert Determination Legal Assistance Costs Replacement of Independent Expert 39 39 39 39 40 40 40 40 40 41 26 Disputes Generally 41 Obligations and rights not affected Urgent relief 41 27 Corporate restructuring of Western Power 41 Transfer of Contract Consequent Upon Restructuring Service Provider’s consent not required 41 42 28 Assignment and Novation 42 Requirement for Consent Costs Ownership of the Facility 42 42 42 29 Confidentiality 43 Confidential information When information is not confidential Prohibited disclosure Permitted disclosure 43 43 Third party disclosure No unauthorised copying Secure storage Return of materials Remedies Surviva...
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:
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. Coordinator(s): 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
