Limitation of DB Contractor’s Liability Sample Clauses

Limitation of DB Contractor’s Liability. Notwithstanding any other provision of the CMA Documents, to the extent permitted by applicable Law, TxDOT will not seek indemnification and defense under Section 15 or to recover damages from DB Contractor relating to this CMA (whether arising in contract, negligence or other tort, or any other theory of law) in excess of the sum of (a) all those costs reasonably incurred by TxDOT or any Person acting on TxDOT’s behalf in completing or correcting the Maintenance Services or having the Maintenance Services completed or corrected by another Person, including the cost of the work required or arising under the Warranties, (b) an amount equal to $100,000,000 (which amount shall specifically include any Liquidated Damages paid pursuant to this Section 12), (c) any amounts paid by or on behalf of DB Contractor that are covered by insurance proceeds, and (d) all Losses incurred by any Indemnified Party relating to or arising out of any illegal activities, fraud, criminal conduct, recklessness, bad faith, gross negligence or intentional misconduct on the part of any DB Contractor-Related Entity.
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Limitation of DB Contractor’s Liability. Notwithstanding any other provision of the DBA Documents, to the extent permitted by applicable Law, TxDOT will not seek indemnification and defense under Section 18 or to recover damages from DB Contractor resulting from breach of this DBA (whether arising in contract, negligence or other tort, or any other theory of law) in excess of the sum of: (a) all those costs reasonably incurred by TxDOT or any Person acting on TxDOT’s behalf in completing or correcting the Work or having the Work completed or corrected by another Person, including the cost of the work required or arising under the Warranties; (b) an amount equal to $10,000,000 (which amount shall specifically include any Liquidated Damages or Lane Rental Fees paid pursuant to this Section 17);
Sample 1

Related to Limitation of DB Contractor’s Liability

  • Contractor’s Liability If the Contractor fails to comply with any applicable laws, rules, or regulations, and that failure results in a site or worker contamination, the Contractor will be held solely responsible for all costs involved in any required corrective actions, and shall defend, indemnify, and hold harmless the District, pursuant to the indemnification provisions of the Contract, for all damages and other claims arising therefrom. If lead disturbance is anticipated in the Work, only persons with appropriate accreditation, registrations, licenses, and training shall conduct this Work. It shall be the responsibility of the Contractor to properly dispose of any and all waste products, including, but not limited to, paint chips, any collected residue, or any other visual material that may occur from the prepping of any painted surface. It will be the responsibility of the Contractor to provide the proper disposal of any hazardous waste by a certified hazardous waste hauler. This company shall be registered with the Department of Transportation (DOT) and shall be able to issue a current manifest number upon transporting any hazardous material from any school site within the District. The Contractor shall provide the District with any sample results prior to beginning Work, during the Work, and after the completion of the Work. The District may request to examine, prior to the commencement of the Work, the lead training records of each employee of the Contractor. I acknowledge and certify under penalty of perjury, that:

  • Civil Liability 47.01 If any civil action is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of their assigned duties, (a “workplace claim”) then:

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Employer’s Liability It is expressly agreed and understood that the Employer does not accept, nor is the Employer to be charged hereby with, any responsibility in any manner connected with the determination of liability to any employee claiming under any of the benefits extended by the Health and Welfare Fund. The Employer's liability shall be limited to the contributions indicated under Section 2 above.

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