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.
2. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the State University Construction Fund, its agents, officers and employees for breach of contract not related to professional services.
3. 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.
4. Prior to the commencem...
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. 3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable Laws and the provisions hereof.
3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to DIT for any direct loss or damage accrued or likely to accrue due to deficiency in Services rendered by it.
3.4.3 The Parties hereto agree that in case of negligence or willful misconduct on the part of the Consultant or on the part of any person or firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused to the DIT’s property, shall not be liable to the DIT:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds (a) the Agreement Value set forth in Clause 6.1.2 of this Agreement, or (b) the proceeds the Consultant may be entitled to receive from any insurance maintained by the Consultant to cover such a liability, whichever of (a) or (b) is higher.
3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, however, to a limit equal to 3 (three) times the Agreement Value.
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. The Consultant shall not be liable to the Corporation or any shareholder thereof for any loss or damage suffered by the Corporation or any shareholder thereof, as the case may be, which arises out of any action or inaction of the Consultant if such course of conduct did not constitute bad faith, gross negligence, wilful misconduct, wilful neglect, default or a material failure to comply with applicable laws, regulations or restrictions and the provisions set forth in this Agreement, and if the Consultant, in good faith, determined that such course of conduct was in the best interests of the Corporation. The Corporation acknowledges and agrees that the Consultant shall not be responsible for any loss of opportunity whereby the value of any of the property or assets of the Corporation, including its holdings in Sprott Resource Lending Partnership, could have been increased nor shall it be responsible for any decline in value of the property or assets of the Corporation, including its holdings in Sprott Resource Lending Partnership, unless such decline is the result of the Consultant’s bad faith, gross negligence, wilful misconduct, wilful neglect, default or a material failure to comply with applicable laws, regulations or restrictions and the provisions set forth in this Agreement or wilful failure to comply with express directions given by resolution of either the Board (or a committee thereof) or the shareholders of the Corporation. The Consultant may rely and act upon any statement, report or opinion prepared by or any advice received from auditors, solicitors, notaries or other professional advisors of the Corporation and shall not be responsible or held liable for any loss or damage resulting from relying or acting thereon, if the advice was within the area of professional competence of the person from whom it was received and the Consultant acted reasonably in relying thereon. The Consultant hereby acknowledges and agrees that the obligations of the Corporation hereunder are not personally binding upon the shareholders of the Corporation, or the agents of the Corporation, and that the Consultant shall not resort to or seek redress, recourse or satisfaction from the private property of any of the foregoing, whether the liability be based on contract, tort or otherwise. The Consultant agrees that only the Corporation and property held by the Corporation shall be bound by and subject to the obligations and liabilities arising out of this Agreement.
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. 3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable Laws and the provisions hereof.
3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to the Authority for any direct loss or damage accrued or likely to accrue due to deficiency in Services rendered by it.
3.4.3 The Parties hereto agree that in case of delay, error, variation, negligence or willful misconduct on the part of the Consultant or Key Personnel or on the part of any person or firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused to the Authority’s property, shall be liable to the Authority not exceeding an amount equal to 1% (one percent) of the total value of the Contract per week, subject to a maximum of 10% (ten percent) of the total value of the C ontract. AERA will take into consideration the reasons for delay, error or variation, if any, while imposing liquidated damages on the selected applicant. However, in the event of delay caused due to reasons beyond the control of the Consultant, AERA may, in its sole discretion, consider granting of appropriate extension of time, without imposition of Liquidate Damages/ Compensation for Delay.
3.4.4 In addition to the above Clause 3.3.3, the Consultant may be censured and/ or debarred for deficiencies on its part in completion of the consultancy assignment.
Liability of the Consultant. 9.1 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 subconsultant, sub-contractor or agent 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 with sixty (30) days of the Client becoming aware of them.
9.2 The Consultant’s liability under this Agreement shall end six (6) years from the date when the Services were completed.
9.3 The aggregate Limit of Liability arising directly or indirectly from the Services and this Agreement whether under contract, tort or any other legal basis is 10 times the contract value.
9.4 The Consultant shall not be liable for any damage to services and structures that are not notified to the Consultant in accordance with clause 2.1 or are not located as shown on any plans which are supplied to the Consultant by the Client or any third party and which the Consultant would be reasonably entitled to rely upon in providing the Services.
9.5 Neither Party shall be liable to the other for any loss of profit, loss of revenue, business interruption, or any indirect or consequential losses incurred by the other Party, whether caused by negligence, breach of duty (statutory or otherwise), breach of contract or otherwise and whether or not such losses were foreseeable at the time of entering this Agreement.
9.6 Nothing herein shall exclude or limit the either Party’s liability to the other in respect of any fraudulent misrepresentation made by it, or in respect of death or personal injury caused by its negligent errors, acts or omissions.
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.
11.2 The Client agrees that any claim including costs, legal expenses, defence and investigation costs which he has or hereafter may have against the Consultant in respect of the Services, howsoever arising, whether in contract or in tort including negligence and strict liability, shall be limited to the lesser amount of the fees stated in the Agreement or the actual payments for Services the Consultant has received from the Client. The Consultant shall not be liable for any indirect or consequential losses and damages arising from the provision of the Services, including, without limitation, any delays or loss of use, or loss of profits or products or to third parties.
11.3 The Client shall indemnify, defend and hold harmless the Consultant from and against any and all claims, damages, expenses, costs or other sums payable (including those asserted by third parties and including legal fees and expenses incurred as the result thereof) directly or indirectly related to the Services to the extent that such claims, damages, expenses, costs and other sums payable exceed in aggregate the Consultant's maximum liability as described in Clause 11.2.
11.4 For the purposes of the limitation of liability provisions contained in this Agreement, the Client expressly agrees that it has entered into the Agreement with the Consultants, both on its own behalf and as an agent of its employees and principals. The Client expressly agrees that the Consultant’s employees and principals shall have no personal liability to the Client in respect of a claim, whether in contract, tort and/or any other cause of action in law. Accordingly, the Client expressly agrees that it will bring no proceedings and take no action in any court of law against any of the Consultant’s employees or principals in their personal capacity
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.
3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to
3.4.3 The Parties hereto agree that in case of negligence or willful misconduct on the part of the Consultant or on the part of any person or firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused to the <<State Designated Agency>>’s property, shall not be liable to the
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds (a) the Agreement Value set forth in Clause 6.1.2 of this Agreement, or (b) the proceeds the Consultant may be entitled to receive from any insurance maintained by the Consultant to cover such a liability, whichever of (a) or (b) is higher.
3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, however, to a limit equal to 3 (three) times the Agreement Value.
