Common use of Limit of University's Liability Clause in Contracts

Limit of University's Liability. Notwithstanding anything to the contrary contained in this Agreement or in any other Agreement or writing between the Parties related hereto, nothing shall be deemed to constitute a waiver by University of any privilege, protection, or immunity otherwise afforded it under the Idaho Constitution, Idaho Tort Claims Act, or any other applicable law or a waiver of its sovereign immunity, which is hereby expressly retained. Specifically, the University’s liability is at all times subject to the limits of liability contained in the Idaho Tort Claims Act, Idaho Code Sections 6-901 through 6-929, inclusive (the “Idaho Tort Claims Act”). Any obligation on behalf of the University to provide indemnification or hold harmless any other party is at all times subject to the maximum extent permitted by Idaho law, including Idaho Code Section 59-1016, and the limitations of liability contained in the Idaho Tort Claims Act. Furthermore, the University shall at no time be liable for more than the pro rata share of the total damages awarded in favor of a claimant that is directly attributable to the negligent or otherwise wrongful acts or omissions of the University or its employees.

Appears in 2 contracts

Samples: Standard Contract Terms and Conditions, Standard Contract Terms and Conditions

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Limit of University's Liability. Notwithstanding anything to the contrary contained in this Agreement or in any other Agreement or writing between the Parties parties related hereto, nothing shall be deemed to constitute a waiver by University of any privilege, protection, or immunity otherwise afforded it under the Idaho Constitution, Idaho Tort Claims Act, or any other applicable law or a waiver of its sovereign immunity, which is hereby expressly retained. Specifically, the University’s liability is at all times subject to the limits of liability contained in the Idaho Tort Claims Act, Idaho Code Sections 6-901 through 6-929, inclusive (the “Idaho Tort Claims Act”). Any obligation on behalf of the University to provide indemnification or hold harmless any other party is at all times subject to the maximum extent permitted by Idaho law, including Idaho Code Section 59-1016, and the limitations of liability contained in the Idaho Tort Claims Act. Furthermore, the University shall at no time be liable for more than the pro rata share of the total damages awarded in favor of a claimant that is directly attributable to the negligent or otherwise wrongful acts or omissions of the University or its employees.

Appears in 2 contracts

Samples: Standard Contract Terms and Conditions, Standard Contract Terms and Conditions

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Limit of University's Liability. Notwithstanding anything to the contrary contained in this Agreement or in any other Agreement or writing between the Parties parties related hereto, nothing shall be deemed to constitute a waiver by University of any privilege, protection, or immunity otherwise afforded it under the Idaho Constitution, Idaho Tort Claims Act, or any other applicable law or a waiver of its sovereign immunity, which is hereby expressly retained. Specifically, the University’s liability is at all times subject to the limits of liability contained in the Idaho Tort Claims Act, Idaho Code Sections 6-6- 901 through 6-929, inclusive (the “Idaho Tort Claims Act”). Any obligation on behalf of the University to provide indemnification or hold harmless any other party is at all times subject to the maximum extent permitted by Idaho law, including Idaho Code Section 59-1016, and the limitations of liability contained in the Idaho Tort Claims Act. Furthermore, the University shall at no time be liable for more than the pro rata share of the total damages awarded in favor of a claimant that is directly attributable to the negligent or otherwise wrongful acts or omissions of the University or its employees.

Appears in 1 contract

Samples: Standard Contract Terms and Conditions

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