Liability to Third Party Sample Clauses

Liability to Third Party. 9.1 Neither party shall perform the Project or any activities under this MOU that cause or may cause loss or damages to the third party or infringement of third party’s Intellectual Property rights and any other rights. Failure to perform, such party shall be liable, at its own cost, for the damage incurred. 9.2 In the event that either party receives any written notice or claim that the performance under this MOU infringes the Intellectual Property Rights or any other rights of the third party, then that Party shall notify the other party promptly in writing. The infringing party shall be responsible for any damages, fees, attorney’s fees and any other expenses at its own cost.
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Liability to Third Party. If a HSM Product causes injury to person or property and such injury results from design or manufacture of the HSM Product, IMI shall assume the responsibility for such injury, unless BCI has manufactured the defective HSM Product pursuant to Section 6.1 hereof, in which case BCI shall be responsible for such injury. IMI will purchase and maintain product liability insurance sufficient to cover potential compensation for injuries to life, health or damage to the property of a third party in the minimum amount of $5,000,000 per incident. IMI will provide BCI with a certificate of insurance evidencing such coverage and naming BCI as additional insured party as its interest may appear. If injury to person or property results from the intentional or negligent acts or omissions of BCI or its employees, contractors, agents or representatives, BCI shall assume the responsibility for such injury. BCI will purchase and maintain appropriate liability insurance relating to its activities in product support, servicing, training, installation, maintenance, sales and other services, sufficient to cover potential compensation for injuries to life, health or damage to the property of a third party. BCI will provide IMI with a certificate of insurance evidencing such coverage and naming IMI as additional insured party as its interest may appear.
Sample 1
Liability to Third Party. All liabilities to third parties (including KMRL) arising out of loss, damage, death or bodily injury (including bodily injury arising out of the consumption of food & beverages etc, sold by the licensee within the premises of KMRL), for an amount not less than INR 2 lakhs per event. (i) For any claim falling under the liability policies taken by KMRL, the Licensee should extend full cooperation in providing required documents /information related to the claim, to the KMRL's Insurer. (ii) The Licensee shall comply with the conditions stipulated each of the insurance policies. The Licensee shall not make or cause to make any material alteration to the terms of any insurance without the Prior approval of KMRL. If the insurer makes (or purports to make) any such alterations, the Licensee shall notify KMRL immediately. (iii) If the Licensee fails to effect and keep in force any of the insurances required under this Agreement, or fails to vide satisfactory evidence, policies and receipts in accordance with the requirement, KMRL may, without prejudice to any other right or remedy, effect insurance for the coverage relevant to such default and pay the premiums due. In such case, the premium paid by KMRL plus administrative charge shall be recoverable from the Licensee by KMRL, and may be deducted by KMRL from any amount due or to become due, to the Licensee or recover the same as debt due from the Licensee. The Licensee shall not dispute the amount of premium paid by KMRL or the overhead charges thereon.
Sample 1
Liability to Third Party. 15.1 The Lessee shall be liable to the Lessor and to any third party for all damage of any kind or type whatsoever, which may be caused to any person or property, including, but without derogating from the generality of the aforesaid, visitors on the Premises, the employees of the Lessee and any other person who may be on the Premises, stemming from the condition of the Premises and/or the equipment installed on them and/or the work, business or act or omission which may occur on the Premises and/or the conduct of the Lessee and/or its employees and/or invitees and/or suppliers and/or service providers who are on the Premises or in their surrounds, in the Lessee’s service and/or with the Lessee’s permission and/or by any other person or entity, whether on the Premises with permission or otherwise, whether randomly or otherwise. 15.2 Without derogating from the provisions of clause 15.1 above, the Lessee undertakes to take all steps to cancel any demand and/or suit that may be filed against the Lessor for any damage as set out in clause 15.1 above, and to indemnify the Lessor for the sum of all moneys that the Lessor may be required to pay by virtue of such demand and/or suit as aforesaid, and for all of the other results thereof, immediately upon the Lessor’s first demand for such. 15.3 The provisions of this clause constitute a fundamental condition of the Contract and breach thereof or of any part thereof shall constitute a fundamental breach of the Contract.
Sample 1
Liability to Third Party. If a Micro21 system causes injury to person or property and such injury results from design or manufacture of the Micro21 system, IMI shall assume the responsibility for such injury. IMI will purchase and maintain product liability insurance sufficient to cover potential compensation for injuries to life, health or damage to the property of a third party in the minimum amount of $5,000,000. IMI will provide Coulter with a certificate of insurance evidencing such coverage and xxxxxx Coulter as additional insured party as its interest may appear. If ixxxxx xo person or property results from the intentional or negligent acts or omissions of Coulter or its employees, contractors, agents or representatives, Coxxxxx xhall assume the responsibility for such injury. Coulter wilx xxxxxase and maintain appropriate liability insurance rxxxxxxx to its activities in product support, servicing, training, installation, maintenance, sales and other services, sufficient to cover potential compensation for injuries for life, health or damage to the property of a third party. Coulter will provide IMI with a certificate of insurance evidencing xxxx xxverage and naming IMI as additional insured party as its interest may appear. PRODUCT QUALITY ASSURANCE
Sample 1

Related to Liability to Third Party

  • Liability to Third Parties The Member shall not be liable for the debts, obligations or liabilities of the Company, including under a judgment, decree or order of a court.

  • No Liability to Third Parties No person who is or has been a Trustee, officer, or employee of the Trust shall be subject to any personal liability whatsoever to any Person, other than the Trust or its Shareholders, in connection with the affairs of the Trust; and all Persons shall look solely to the Trust Property or Property of a Series for satisfaction of claims of any nature arising in connection with the affairs of the Trust or such Series. Every note, bond, contract, instrument, certificate, Share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his capacity as Trustees or Trustee and neither such Trustees or Trustee nor the Shareholders shall be personally liable thereon. All Persons extending credit to, contracting with or having any claim against the Trust or a Series shall look only to the assets of the Trust Property or the Trust Property of such Series for payment under such credit, contract or claim; and neither the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor.

  • Sale to Third Party If the Company, after receiving the Sale Notice, fails to exercise its option as provided in Section 3.2, or if it declines to exercise the same, the Participant shall be entitled to transfer the Vested Shares to the third party on the terms contained in the Offer, and shall be entitled to have his Vested Shares transferred on the books of the Company, but only if the third party purchaser agrees to be bound by the terms of this Agreement applicable to Vested Shares. If the Participant fails to close the transfer of his Vested Shares within sixty (60) days after the option of the Company has expired or been waived, the restrictions contained in this Article III shall again apply and must be met prior to effecting any transfer of Vested Shares. Any transfer of Vested Shares by the Participant to any unaffiliated third party shall comply with all applicable securities laws, and the Company may refuse to transfer any Vested Shares unless it receives such assurance and opinions from legal counsel acceptable to the Company that any such transfer is in compliance with all applicable securities laws.

  • No Obligation to Third Parties The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

  • Disclosure to Third Parties The Company shall have the right to disclose to third parties, in whatever manner the Company may determine, the fact that this Agreement has been executed, the names of the parties to this Agreement and the terms hereof.

  • Notice to Third Parties Licensee shall give written notice, prior to the first sale of Licensed Product, to any Third Party to which it sells Licensed Product of the restrictions contained in this Section 5, and Licensee shall use its best endeavors, without prejudice to any other provision of this Agreement, to ensure that such Third Parties will undertake to abide by the restrictions contained in this Section 5 and will assist the MPP and Pfizer in securing compliance with this Section 5 and the restrictions which it contemplates.

  • Non-Third Party Claims Upon discovery of any claim for which Buyer has an indemnification obligation under the terms of Section 12.1 which does not involve a claim by a third party against the Indemnitee, the Indemnitee shall give prompt notice to Buyer of such claim and, in any case, shall give Buyer such notice within 30 days of such discovery. A failure by Indemnitee to timely give the foregoing notice to Buyer shall not excuse Buyer from any indemnification liability except to the extent that Buyer is materially and adversely prejudiced by such failure.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • Indemnification for Third Party Claims ‌ (a) Seller shall defend, indemnify and hold harmless Buyer, its shareholders and Affiliates, and their respective directors, officers, employees and agents, from and against all third party Claims and Liabilities for injury, including death, and property damage caused by, arising out of, or in connection with the performance by any Project Party of the Transaction Documents to the extent any of such Claims or Liabilities were caused by the negligence, gross negligence or willful misconduct of Seller, the Contractor, any Subcontractor, and its respective employees or agents. (b) Buyer shall defend, indemnify and hold harmless Seller and its managers, officers, employees and agents, from and against all third party Claims and Liabilities for injury, including death, and property damage caused by, arising out of, or in connection with the performance of the Transaction Documents to the extent any of such Claims or Liabilities were caused by the negligence, gross negligence or willful misconduct of Buyer, its employees or agents. (c) Either Party seeking indemnification under this Agreement (the “Indemnified Party”) shall give notice to the Party required to provide indemnification hereunder (the “Indemnifying Party”) promptly after the Indemnified Party has actual knowledge of any Claim as to which indemnity may be sought hereunder, and the Indemnified Party shall permit the Indemnifying Party (at the expense of the Indemnifying Party) to assume the defense of any Claim or litigation resulting therefrom; provided that: (i) counsel for the Indemnifying Party who shall conduct the defense of such Claim or litigation shall be reasonably satisfactory to the Indemnified Party; (ii) the Indemnified Party may participate in such defense at its own expense, except the Indemnifying Party shall reimburse the Indemnified Party for its participation in such defense to the extent that the Indemnifying Party requests the Indemnified Party to participate in its own defense; and (iii) the omission by the Indemnified Party to give notice as provided herein shall not relieve the Indemnifying Party of its indemnification obligations hereunder except to the extent that such omission results in a failure of actual notice to the Indemnifying Party and Indemnifying Party is damaged as a result of such failure to give notice. Notwithstanding the foregoing, the Indemnifying Party may not settle any Claim related to the indemnity being provided hereunder without the consent of the Indemnified Party, such consent not to be unreasonably withheld. (d) With regard to any Claim or Liability which is the result of the joint or concurrent fault or negligence of Seller and Buyer, the Parties agree to jointly defend any Claim with respect thereto that is based on such joint or concurrent fault or negligence of Buyer and Seller. Any Claim of contribution or indemnification between Buyer and Seller relating to such Claims shall be resolved on the basis of the percentage of fault or negligence and the Parties agree to reserve the determination of such percentage until after resolution of such Claim. Such pro rata share shall be based upon a final judicial determination of the Parties’ comparative fault or negligence or, in the absence of such determination, by mutual agreement. (e) Nothing in this Section 26.1 is intended to allow any Indemnified Party to be indemnified from and against any third party Claims and Liabilities caused by, arising out of, or in connection with the performance of this Agreement to the extent any of such Claims or Liabilities were caused by, arose out of, or were in any way incidental to or in connection with its own negligence or intentional misconduct.

  • Your liability to us (alleged) illegal use, etc (a) This clause applies where: (i) your Service is actually or allegedly used in a way that breaches any law or infringes the rights of any third party; and (ii) we suffer loss or reasonably incur expense as a result. (b) You must make good our loss and reimburse our expenses on request.

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