Liability of the Consultant. 3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable Laws and the provisions hereof.
Liability of the Consultant. 1. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the University that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney's fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the State University Construction Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractors or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the State University Construction Fund, its agents, officers, and employees, or third parties arising out of or resulting from this Agreement, the performance of the services, or the work.
Liability of the Consultant. 24.1 Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability under this Contract shall be as determined under the Applicable Law.
Liability of the Consultant. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the Fund that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents, and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney’s fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractor or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the Fund, its agents, officers, and employees, or third parties arising out of or resulting from the Agreement, the performance of the services, or the work. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the Fund, its agents, officers and employees for breach of contract not related to professional services. The Consultant represents it and its subconsultants, subcontractors, agents, employees and officers shall possess the license, experience, knowledge and character necessary to qualify them individually for the particular duties they perform in connection with the Project. For the purpose of this Agreement, the terms “inspection” and/or “administration” shall not be interpreted as the Consultant’s guarantee of any contractor’s workmanship or that such contractors will not breach their construction contract. Prior to the commencement of the work to be performed by the Consultant, the Consultant shall submit to the Fund, certificates of i...
Liability of the Consultant. The Consultant shall be responsible for, and shall indemnify the Client from and against any and all claims, losses and damages incurred by the Consultant during or in connection with the Services, caused by intentional or negligent act of the Consultant.
Liability of the Consultant. The Consultant shall be liable to the Client for any breach of the obligations of the Consultant under this Agreement. However, the Consultant's liability to compensate the Client in respect of any damage or loss shall be limited to the total amount of his remuneration under this Agreement, provided that the liability of the Consultant shall not be subject to such limit in the event of damage or loss suffered by the Client as a result of gross negligence or wilful default in the performance of his obligations by the Consultant or his personnel.
Liability of the Consultant. 8.1 Subject to the other sub-clauses of this clause 8, the Consultant's liability shall be limited to the extent of any loss, damages, injury, expenses, costs (including legal costs) that are directly caused by the failure of the Consultant or any sub-consultant or sub-contractor to carry out the Consultant‟s Duties in accordance with Clause 1. If the Client becomes aware of circumstances which might give rise to a claim against the Consultant, it is a condition precedent to the liability of the Consultant that the Client shall give notice of such circumstances to the Consultant within thirty (30) days of the Client becoming aware of them.
Liability of the Consultant. 11.1 The Consultant shall be responsible for any negligent faults in the Services, provided that such faults do not arise from inaccurate or defective information furnished by the Client, its agents, directors, officers, employees or servants. The Consultant shall, at its own expense, re-perform the Services to the extent necessary to remedy such faults provided that the Client shall have given written notice of those faults to the Consultant within a period of six (6) months from completion of Services. Performance of the Consultant's obligations under this Clause 11.1 shall represent full satisfaction of the Consultant's liability for any such faults.
Liability of the Consultant. 7.1 Unless the contrary is stated, no provision of this Deed is intended to exclude any obligation or liability of the Consultant which would otherwise be implied whether by statute, the law of contract, tort, equity or otherwise.
Liability of the Consultant. In furnishing the Company with advice and other services as herein provided, neither the Consultant nor any officer, director or agent thereof shall be liable to the Company or its creditors for errors of judgment or for anything, except for the Consultant's gross negligence or intentional or willful misconduct in the performance of its duties under this Agreement.
