Common use of Liability of the Consultant Clause in Contracts

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 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 Authority‟s property, shall not be liable to the Authority: 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 Clause6.1.2 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 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 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 Authority‟s DIT’s property, shall not be liable to the AuthorityDIT: i. (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 Clause6.1.2 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 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 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 negligence or willful wilful 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 Authority‟s Authority’s property, shall not be liable to the Authority: 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 Clause6.1.2 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 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 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 negligence or willful wilful 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 Authority‟s Authority’s property, shall not be liable to the Authority: i. (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 Clause6.1.2 Clause 6.1 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 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.