LIABILITY OF THE COUNCIL. Other than as provided in this Agreement, Judicial Council’s obligations under this Agreement are limited to the payment of the Fee provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event will Judicial Council be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the Services performed in connection with this Agreement. Judicial Council shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Criteria Architect, or by its employees, even if the equipment was furnished or loaned to Criteria Architect by Judicial Council. The Criteria Architect hereby waives any and all claim(s) for recovery from the Judicial Council under this Agreement, which loss or damage is covered, whether paid or unpaid, by valid and collectible insurance policies or programs of self-insurance. Criteria Architect agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverage by reason of this waiver. This waiver extends to claims paid, or expenses incurred, by Criteria Architect’s insurance company on behalf of the Judicial Council. Neither the Judicial Council, nor any other officer or employee of the Judicial Council will be personally responsible for liabilities arising under the Agreement.
LIABILITY OF THE COUNCIL. 50.1 The Trust shall not be liable to indemnify the Council, its officers, servants, employees or agents against any demands, liability, damages, losses, costs, claims or proceedings whatsoever suffered or incurred by the Council, its officers, servants, employees or agents howsoever arising except for any loss directly arising from proven negligence on the part of the Trust, its servants or agents. Damages arising from such proven negligence shall be limited to direct and unavoidable losses and the Council shall take all reasonable steps to mitigate such losses.
LIABILITY OF THE COUNCIL. 13.1 The Council accepts full responsibility for and shall indemnify and defend and hold harmless MHA from and against all costs (including legal costs), charges, expenses, damages and proceedings incurred or suffered by MHA or for which MHA may become liable, arising from or in connection with any negligence of or breach of this Agreement by the Council or any of its employees or agents including, but without limitation:
13.1.1 any failure by the Council to comply with any applicable laws and regulations, including but not limited to the Health and Safety at Work etc Xxx 0000, relating to the provision of the Services;
13.1.2 all claims whatsoever and howsoever arising which may at any time be made and which arise out of any injury, death, sickness or ill health caused to or suffered by MHA's employees, licensees, tenants, residents or customers;
13.1.3 all third party claims arising out of the performance of the Services;
13.1.4 all loss or damage caused to any land, building or chattel in the ownership, occupation, or possession of or partial ownership, occupation or possession of MHA by the Council; or
13.1.5 any other loss or damage or whatever kind incurred or suffered by MHA.
LIABILITY OF THE COUNCIL. 19.1 Nothing in this Agreement excludes or limits the liability of the Council for death or personal injury caused by the Council’s negligence or fraudulent misrepresentation.
19.2 Subject to clause 19.1, the Council shall not be liable to the Operator for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
LIABILITY OF THE COUNCIL. 27.1 The Councilshall be responsible for and accept and promptlydischarge its liabilityin connectionwith all and any claims, costs, demands, actions or any other liabilities relating to the Services (and whether the same arose before or after the 5010364.7[JXB/E104/1] 15/12/2005 Commencement Date) resulting from any act, default, transaction or circumstance of the Council its employees or agents occurring on or before the Commencement Date and shall indemnify the Trust fully at all times from and against all actions, proceedings, costs, claims, demands or liabilities arising in connection therewith save where the same shall have arisen in whole or in part as a result of any act or omission of the Trust.
LIABILITY OF THE COUNCIL. Subject to the limitations set out below the Council shall be liable for and shall indemnify the Trust, its officers, employees, agents or Subcontractors against all and any claims, costs, demands, actions or any other liabilities relating to the Services (and whether the same arose before or after the Commencement Date) resulting from any act, default, omission, breach, transaction or circumstance of the Council its employees or agents occurring on or before the Commencement Date and shall indemnify the Trust fully at all times from and against all actions, proceedings, costs, claims, demands or liabilities arising in connection therewith save where the same shall have arisen in whole or in part as a result of any act or omission of the Trust provided always that nothing herein contained shall be deemed to render the Council liable for or in respect of or to indemnify the Trust against any compensation or damage to persons or property resulting from any act of neglect or breach of statutory duty done or committed by the Trust its agents servants or other contractors not being employed by the Council (or for or in respect of any claims demands proceedings damages costs charges and expenses in respect thereof or in relation thereto).
