LIABILITY PROVISION a) Governmental Parties
(1) The Federal Agencies (excluding the U.S. Forest Service), Host University, and Partner Institutions which are governmental parties, each accept responsibility for any property damage, injury, or death caused by the acts or omissions of their respective employees, acting within the scope of their employment, to the fullest extent permitted by their respective applicable laws, including laws concerning self-insurance.
(2) To the extent work by governmental parties is to be performed through sub-contract by non-governmental entities or persons, the governmental party sub-contracting work will require that subcontracted entity or person to meet provisions (1), (2), and (3) for non-governmental parties stated below.
(3) This provision is applicable to the U.S. Forest Service acting by and through the Forest Service, USDA does hereby recognize potential liability for payment of claims for injury or loss of property of personal injury or death caused by the Government, or any officer, agent or employee thereof, while acting within the scope of his/her office of employment under circumstances when the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred (28 U.S.C. §§1346 (b), 2672 et seq.).
LIABILITY PROVISION. The liability provision for the Service Provider to compensate for any proven damages is limited to the agreement value.
LIABILITY PROVISION. Governmental Parties Non-governmental Parties
(a) Have public and employee liability insurance from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000) per person for any one claim, and an aggregate limitation of three million dollars ($3,000,000) for any number of claims arising from any one incident. In subsequent modifications, the parties may negotiate different levels of liability coverage, as appropriate. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk; and
(b) Pay the United States the full value for all damages to the lands or other property of the United States caused by such person or organization, its representatives, or employees; and
(c) Indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising out of, or from, any omission or activity of such person or organization, its representatives, or employees. Non-governmental Partner Institutions shall provide the Federal Agencies confirmation of such insurance coverage, prior to beginning specific work authorized herein and specified in subsequent modifications.
LIABILITY PROVISION. In consideration of the training, experience and educational benefits that will accrue to me as a study abroad student, I agree to release Willamette University, or its Board of Trustees or any of the members thereof, or any officer, agent, representative, or employee of the University or Board of Trustees from any and all responsibility for occurrences beyond the University's reasonable control. I further agree to indemnify and hold harmless Willamette University, or its Board of Trustees or any of the members thereof, or any officer, agent, representative, or employee of the University or Board of Trustees against claims and for all costs and reasonable attorney's fees arising out of or in any way connected with the following:
1) Any and all claims for any injury, loss, damage, accident, delay, irregularity or expense to the student beyond the University's reasonable control during the student's participation in this program or during any continuation or extension thereof
2) Any intentional or unintentional injury caused in whole or in part by the participant, whether alone or together with or in association with others, to any person or persons
3) Any intentional or unintentional damage or injury to property, caused in whole or in part by the participant, whether alone or together with or in association with others
4) Any financial or other obligations incurred by the participant during the duration of the program, including without limitation obligations or liabilities incurred by the participant in any country in which the program is conducted.
LIABILITY PROVISION. Governmental Parties
LIABILITY PROVISION. The above exclusion of liability does not apply to liability for damages due to injury to life, limb or health. The provisions of the German Product Liability Act (Produkthaftungsgesetz) are also not affected by the exclusion of liability.
LIABILITY PROVISION a) Navajo Nation
(1) Nothing in this agreement shall constitute a waiver of sovereign immunity of the Navajo Nation.
(2) The Navajo Nation’s obligations under this agreement are subject to available appropriations.
LIABILITY PROVISION. 4.1 Each party shall be responsible for the actions committed by that party and its agents. No party assumes any liability for any actions committed by any other party. However, each party to this Agreement agrees to cooperate fully with the other party in the defense of claims, pursuant to these provisions. The cooperation will include, but is not limited to, the following:
1) Immediate notification to the other party of an accident or incident resulting in personal injury, damage or having the potential for liability;
2) Immediate notification to the other party of any claim made against it alleging liability;
3) Permit a party of the Agreement to conduct a parallel independent investigation of any incident, and/or
4) Make personnel and records available for purposes of the investigation or defense of any claim and/or legal proceeding to the extent permitted by law.
LIABILITY PROVISION. Defect free construction does not exist. Latent (present but hidden) defects exist on all properties. Therefore, the written report is not a substitute for any transferor's or agent's disclosure that may be required by law, or a substitute for Client's independent duty to reasonably evaluate the property prior to the close of the transaction. This Inspection Agreement, the real estate inspections, and the written report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. Nor can you infer or understand them to be a guarantee or warranty of the adequacy, performance or condition of any structure, system or any other item inspected or omitted from inspection. Client has contracted with HomeTraxx® for its inspector’s professional best efforts under imposed and expressed limitations described in this contract, and Client hereby holds Company and its agents and employees harmless from all liability and responsibility for the cost of repairing or replacing any unreported defect or deficiency and for any consequential damage, property damage or personal injury of any nature. The negotiated settlement of Company shall be limited to $500.00 or twice the fee paid by the Client (whichever is greater) as an expressed condition of Company’s and inspector’s performing the inspection for Client. Client also understands and agrees that he/she/they are free to consult with another professional if you do not agree with this provision.
LIABILITY PROVISION. Governmental Parties Navajo Nation
(a) Nothing in this agreement shall constitute a waiver of sovereign immunity of the Navajo Nation.
(b) The Navajo Nation’s obligations under this agreement are subject to available appropriations. Work provided by non-governmental entities or persons, will require that entity or person to:
(a) Have public and employee liability insurance from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000) per person for any one claim, and an aggregate limitation of three million dollars ($3,000,000) for any number of claims arising from any one incident. In subsequent modifications, the parties may negotiate different levels of liability coverage, as appropriate. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk; and
(b) Pay the United States the full value for all damages to the lands or other property of the United States caused by such person or organization, its representatives, or employees; and
(c) Indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising out of, or from, any omission or activity of such person or organization, its representatives, or employees. Non-governmental Partner Institutions shall provide the Federal Agencies confirmation of such insurance coverage, prior to beginning specific work authorized herein and specified in subsequent modifications.
