Common use of Liability Provisions Clause in Contracts

Liability Provisions. A. ASA shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless Delta, its directors, officers, employees, and agents from and against any and all claims, demands, damages, liabilities, actions, causes of actions, losses, costs, and expenses of any nature whatsoever (including investigation and witness costs and expenses and attorneys' fees and expenses) in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, or non- performance of any and all services to be undertaken by ASA pursuant to this Agreement, the loss, theft, use, or issuance of Traffic Documents, or the operation, non-operation, or improper operation of ASA's aircraft, equipment, or facilities at any location, excluding only claims, demands, damages, liabilities, actions, causes of action, losses, costs, and expenses resulting from the gross negligence or willful misconduct of Delta, its directors, officers, agents, or employees. ASA will do all things necessary to cause and assure, and will cause and assure, that ASA will at all times be and remain in custody and control of any aircraft, equipment, and facilities of ASA, and Delta, its directors, officers, employees, and agents shall not, for any reason, be deemed to be in the custody or control, or a bailee, of ASA's aircraft, equipment, or facilities. B. Delta shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless ASA, its directors, officers, employees, and agents from and against any and all claims, demands, damages, liabilities, actions, causes of actions, losses, costs, and expenses of any nature whatsoever (including investigation and witness costs and expenses and attorneys' fees and expenses) in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, or non-performance of any and all services to be undertaken by Delta pursuant to this Agreement, or the operation, non-operation, or improper operation of Delta's aircraft, equipment, or facilities at any location, excluding only claims, demands, damages, liabilities, actions, causes of action, losses, costs, and expenses resulting from the gross negligence or willful misconduct of ASA, its directors, officers, agents, or employees. Delta will do all things necessary to cause and assure, and will cause and assure, that Delta will at all times be and remain in custody and control of any aircraft, equipment, and facilities of Delta, and ASA, its directors, officers, employees, and agents shall not, for any reason, be deemed to be in the custody or control, or a bailee, of Delta's aircraft, equipment, or facilities. C. ASA and Delta agree to comply with all rules, regulations, directives, and similar instructions of appropriate governmental, judicial, and administrative entities, including but not limited to airport authorities, the Federal Aviation Administration, and the Civil Aeronautics Board (and its successor agencies). D. OTHER THAN ANY WARRANTIES SPECIFICALLY CONTAINED IN THIS AGREEMENT, DELTA DISCLAIMS AND ASA HEREBY WAIVES ANY WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE RELATING TO ANY EQUIPMENT, DATA, INFORMATION, OR SERVICES FURNISHED HEREUNDER. ASA AGREES THAT DELTA IS NOT LIABLE TO ASA OR ANY OTHER PERSONS FOR CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES UNDER ANY CIRCUMSTANCES IN CONNECTION WITH MATTERS ARISING OUT OF THIS AGREEMENT.

Liability Provisions. A. ASA Republic and RJET, jointly and severally, shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless DeltaDelta and its affiliates, its and each of their respective directors, officers, employees, employees and agents (each, a “Delta Indemnitee”) from and against any and all claims, demands, damages, liabilities, suits, judgments, actions, causes of actionsaction, losses, costs, costs and expenses of any kind, character or nature whatsoever (in each case whether groundless or otherwise), including investigation and witness reasonable attorneys' fees, costs and expenses in connection therewith and attorneys' fees expenses of investigation and expenses) litigation thereof, which may be suffered by, accrued against, charged to, or recoverable from any Delta Indemnitee in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, or non- performance nonperformance of any and all services obligations to be undertaken by ASA Operator pursuant to this Agreement, the loss, theft, use, misuse or issuance misappropriation of Traffic Documents, or the operation, non-operation, or improper operation of ASAOperator's aircraft, equipment, equipment or facilities at any location, excluding only claims, demands, damages, liabilities, suits, judgments, actions, causes of action, losses, costs, costs and expenses resulting from the gross negligence or willful misconduct of Delta, its affiliates, and their respective directors, officers, agents, agents or employees. ASA Operator will do all things necessary to cause and assure, and will cause and assure, that ASA Operator will at all times be and remain in custody and control of any all aircraft, equipment, and facilities of ASAOperator, and Delta, its directors, officers, employees, and agents shall notno Delta Indemnitee shall, for any reason, be deemed to be in the custody or control, or a bailee, of ASAOperator's aircraft, equipment, equipment or facilities. B. Delta shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless ASAeach of RJET and Republic and any direct or indirect subsidiary of RJET or Republic, its and each of their respective directors, officers, employees, and agents (each, an “Operator Indemnitee”) from and against any and all claims, demands, damages, liabilities, suits, judgments, actions, causes of actionsaction, losses, costs, costs and expenses of any kind, character or nature whatsoever (whatsoever, including investigation and witness reasonable attorneys' fees, costs and expenses in connection therewith and attorneys' fees expenses of investigation and expenses) litigation thereof, which may be suffered by, accrued against, charged to, or recoverable from any Operator Indemnitee in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, performance or non-performance nonperformance of any and all services obligations to be undertaken by Delta pursuant to this Agreement, or the operation, non-operation, operation or improper operation of Delta's aircraft, equipment, equipment or facilities at any location, excluding only claims, demands, damages, liabilities, suits, judgments, actions, causes of action, losses, costs, costs and expenses resulting from the gross negligence or willful misconduct of ASARJET and Operator, its their affiliates, and their respective directors, officers, agents, agents or employees. Delta will do all things necessary to cause and assure, and will cause and assure, that Delta will at all times be and remain in custody and control of any aircraft, equipment, equipment and facilities of Delta, and ASA, its directors, officers, employees, and agents shall notno Operator Indemnitee shall, for any reason, be deemed to be in the custody or control, or a bailee, of Delta's aircraft, equipment, equipment or facilities. C. ASA Operator and Delta agree to comply with all rules, regulations, directives, directives and similar instructions of appropriate governmental, judicial, judicial and administrative entitiesentities including, including but not limited to to, airport authorities, the Federal Aviation Administration, Administration and the Civil Aeronautics Board Department of Transportation (and its any successor agencies). D. OTHER THAN ANY WARRANTIES SPECIFICALLY CONTAINED IN THIS AGREEMENT, DELTA EACH PARTY DISCLAIMS AND ASA THE OTHER PARTY HEREBY WAIVES ANY WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITH RESPECT TO THIS AGREEMENT OR ITS PERFORMANCE OF ITS OBLIGATIONS HEREUNDER INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE RELATING TO ANY EQUIPMENT, DATA, INFORMATION, INFORMATION OR SERVICES FURNISHED HEREUNDER. ASA EACH PARTY AGREES THAT DELTA THE OTHER PARTY IS NOT LIABLE TO ASA IT OR ANY OTHER PERSONS FOR CONSEQUENTIAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES IN CONNECTION WITH MATTERS ARISING OUT OF THIS AGREEMENTCIRCUMSTANCES.

Liability Provisions. A. ASA shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless Delta, its directors, officers, employees, and agents from and against any and all claims, demands, damages, liabilities, actions, causes of actions, losses, costs, and expenses of or any nature whatsoever (including investigation and witness costs and expenses and attorneys' fees and expenses) in expenses)in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, or non- non-performance of any and all services to be undertaken by ASA pursuant to this Agreement, the loss, theft, use, or issuance of Traffic Documents, or the operation, non-operation, or improper operation of ASA's aircraft, equipment, or facilities at any location, excluding only claims, demands, damages, liabilities, actions, causes of action, losses, costs, and expenses resulting from the gross negligence or willful misconduct of Delta, its directors, officers, agents, or employees. ASA will do all things necessary to cause and assure, and will cause and assure, that ASA will at all times be and remain in custody and control of any aircraft, equipment, and facilities of ASA, and Delta, its directors, officers, employees, and agents shall not, not for any reason, be deemed to be in the custody or control, or a bailee, of ASA's aircraft, equipment, or facilities. B. Delta shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless ASA, its directors, officers, employees, and agents from and against any and all claims, demands, damages, liabilities, actions, causes of actions, losses, costs, and expenses of or any nature whatsoever (including investigation and witness costs and expenses and attorneys' fees and expenses) in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, or non-non performance of any and all services to be undertaken by Delta pursuant to this Agreement, or the operation, non-operation, or improper operation of Delta's aircraft, equipment, or facilities at any location, excluding only claims, demands, damages, liabilities, actions, causes of action, losses, costs, and expenses resulting from the gross negligence or willful misconduct of ASA, its directors, officers, agents, or employees. Delta will do all things necessary to cause and assure, and will cause and assure, that Delta will at all times be and remain in custody and control of any aircraft, equipment, and facilities of Delta, and ASA, its directors, officers, employees, and agents shall not, for any reason, be deemed to be in the custody or control, or a bailee, of Delta's aircraft, equipment, or facilities. C. ASA and Delta agree to comply with all rules, regulations, directives, and similar instructions of appropriate governmental, judicial, and administrative entities, including but not limited to airport authorities, the Federal Aviation Administration, and the Civil Aeronautics Board (and its successor agencies). D. OTHER THAN ANY WARRANTIES SPECIFICALLY CONTAINED IN THIS AGREEMENT, DELTA DISCLAIMS AND ASA HEREBY WAIVES ANY WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE RELATING TO ANY EQUIPMENT, DATA, DATA INFORMATION, OR SERVICES FURNISHED HEREUNDER. ASA AGREES THAT DELTA IS NOT LIABLE TO ASA OR ANY OTHER PERSONS FOR CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES UNDER ANY CIRCUMSTANCES IN CONNECTION WITH MATTERS ARISING OUT OF THIS AGREEMENT.

Liability Provisions. A. ASA Comair shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless Delta, its directors, officers, employees, employees and agents from and against any and all claims, demands, damages, liabilities, suits, judgments, actions, causes of actionsaction, losses, costs, costs and expenses of any kind, character or nature whatsoever (in each case whether groundless or otherwise), including investigation and witness attorneys' fees, costs and expenses in connection therewith and attorneys' fees expenses of investigation and expenses) litigation thereof, which may be suffered by, accrued against, charged to, or recoverable from Delta or its directors, officers, employees or agents in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, or non- performance nonperformance of any and all services obligations to be undertaken by ASA Comair pursuant to this Agreement, the loss, theft, use, misuse or issuance misappropriation of Traffic Documents, or the operation, non-operation, or improper operation of ASAComair's aircraft, equipment, equipment or facilities at any location, excluding only claims, demands, damages, liabilities, suits, judgments, actions, causes of action, losses, costs, costs and expenses resulting from the gross negligence or willful misconduct of Delta, its directors, officers, agents, agents or employees. ASA Comair will do all things necessary to cause and assure, and will cause and assure, that ASA Comair will at all times be and remain in custody and control of any all aircraft, equipment, and facilities of ASAComair, and Delta, its directors, officers, employees, employees and agents shall not, for any reason, be deemed to be in the custody or control, or a bailee, of ASAComair's aircraft, equipment, equipment or facilities. B. Delta shall be liable for and hereby agrees fully to defend, release, discharge, indemnify, and hold harmless ASAComair, its directors, officers, employees, and agents from and against any and all claims, demands, damages, liabilities, suits, judgments, actions, causes of actionsaction, losses, costs, costs and expenses of any kind, character or nature whatsoever (whatsoever, including investigation and witness attorneys' fees, costs and expenses in connection therewith and attorneys' fees expenses of investigation and expenses) litigation thereof, which may be suffered by, accrued against, charged to, or recoverable from Comair or its directors, officers, employees or agents in any manner arising out of, connected with, or attributable to this Agreement, the performance, improper performance, performance or non-performance nonperformance of any and all services obligations to be undertaken by Delta pursuant to this Agreement, or the operation, non-operation, operation or improper operation of Delta's aircraft, equipment, equipment or facilities at any location, excluding in each case to the extent, but only claimsto the extent, demands, damages, liabilities, actions, causes of action, losses, costs, and expenses resulting from the caused by Delta's gross negligence or willful misconduct of ASA, its directors, officers, agents, or employeesmisconduct. Delta will do all things necessary to cause and assure, and will cause and assure, that Delta will at all times be and remain in custody and control of any aircraft, equipment, equipment and facilities of Delta, and ASAComair, its directors, officers, employees, employees and agents shall not, for any reason, be deemed to be in the custody or control, or a bailee, of Delta's aircraft, equipment, equipment or facilities. C. ASA Comair and Delta agree to comply with all rules, regulations, directives, directives and similar instructions of appropriate governmental, judicial, judicial and administrative entitiesentities including, including but not limited to to, airport authorities, the Federal Aviation Administration, Administration and the Civil Aeronautics Board Department of Transportation (and its any successor agencies). D. OTHER THAN ANY WARRANTIES SPECIFICALLY CONTAINED IN THIS AGREEMENT, DELTA DISCLAIMS AND ASA COMAIR HEREBY WAIVES ANY WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITH RESPECT TO THIS AGREEMENT OR DELTA'S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE RELATING TO ANY EQUIPMENT, DATA, INFORMATION, INFORMATION OR SERVICES FURNISHED HEREUNDER. ASA COMAIR AGREES THAT DELTA IS NOT LIABLE TO ASA COMAIR OR ANY OTHER PERSONS FOR CONSEQUENTIAL, PUNITIVE, PUNITIVE OR SPECIAL DAMAGES UNDER ANY CIRCUMSTANCES IN CONNECTION WITH MATTERS ARISING OUT OF THIS AGREEMENTCIRCUMSTANCES.