LIMITATION OF CONTRACTOR LIABILITY Sample Clauses

LIMITATION OF CONTRACTOR LIABILITY. In accordance with Public Contract Code Section 7105, Contractor shall not be liable for damage to the Work in excess of five percent (5%) of the Contract Price caused by an earthquake in excess of 3.5 on the Xxxxxxx Scale or a tidal wave, provided that the Work damaged was built in accordance with accepted and applicable building standards, the drawings and specifications, and all other Contract Documents.
Sample 1Sample 2Sample 3See All (101)
AutoNDA by SimpleDocs
LIMITATION OF CONTRACTOR LIABILITY. Contractor liability for damages to the property of Authority with respect to any damage from a peril which is insured by the Fund shall be limited to the amount the State funded deductible, reserve, or retained limits under the Fund but in any event not more than $2,000,000.00. This limitation does not apply if such liability arises out of (a) the intentional or willful, wanton or grossly negligent conduct of Contractor; (b) Contractor failure to vacate the Concession Facilities when required by this Agreement, or (c) the use, storage, handling or transportation or disposal by Contractor of any material regulated to its use, storage, handling, transportation or disposal by any government. The limitation of Contractor liability shall not benefit any other person.
Sample 1
LIMITATION OF CONTRACTOR LIABILITY. The Province agrees that the Contractor’s total and aggregate liability (excluding always any liability for Statutory Compensation Claims or Administrative Compensation Payments) to the Province in each calendar year during the Term and any Transition Period for all financial obligations of the Contractor to the Province pursuant to: (a) Section 11.04 (Infringement Claims by Province); (b) Section 19.10 (Indemnity of Contractor); and (c) Sections 21.03 (Province Indemnity for Direct Default Costs ) and 21.05 (Province Indemnity for Third Party Claims);
Sample 1
LIMITATION OF CONTRACTOR LIABILITY. The maximum liability of the Contractor under this Agreement shall be one times the Contract Value (Contract Value is defined as the aggregate total compensation pertaining to the Project to be paid by the State to the Contractor under the entire term of the Agreement, including all renewals and extensions); provided, however that the foregoing limitation shall not apply to: 13.1.1 Intentional torts, criminal acts, fraudulent conduct, intentional or willful misconduct, or gross negligence of Contractor, its officers, directors, employees, agents, subsidiaries, affiliates, contractors or subcontractors. 13.1.2 Claims related to death, bodily injury, or damage to real or personal property. 13.1.3 Any contractual obligations of the Contractor pertaining to indemnification, intellectual property, liquidated damages, compliance with applicable laws, or confidential information. 13.1.4 Claims arising under provisions of the Agreement calling for indemnification of the State for Third-Party claims against the State for bodily injury to persons or for damage to real or tangible personal property caused by the negligence or willful conduct of Contractor, its officers, directors, employees, agents, subsidiaries, affiliates, contractors or subcontractors. 13.1.5 In no event shall Contractor’s liability for acts covered by 13.1.1 – 13.1.4 exceed three times (3x) the contract value.
Sample 1

Related to LIMITATION OF CONTRACTOR LIABILITY

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Limitation of County’s Liability Anything herein to the contrary notwithstanding, any financial obligation the County may incur hereunder, including for the payment of money, shall not be deemed to constitute a pecuniary liability or a debt or general obligation of the County; provided, however, that nothing herein shall prevent the Company from enforcing its rights hereunder by suit for mandamus or specific performance.

  • Limitation on Guarantor Liability Each Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of such Guarantor will be limited to the maximum amount that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 10, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!