Mutual Liability. Parties shall, to the extent allowed by law, each be individually liable for any and all claims, losses, causes of action, judgments, damages, and expenses to the extent directly caused by their officers, agents, or employees.
Mutual Liability. Each Party is liable for damage caused to other Party and third parties in accordance with the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2017, item 459 with further amendments) and the provisions of these ToU. In the event of a damage caused by our willful misconduct, we are liable for any damages incurred by you. We are liable solely for actual damages (damnum emergens), and we are not liable for any lost profits. Our liability for Subscriber’s actual damages is limited to Subscriber’s average monthly fee for the Services (or equivalent in local currency) Our liability towards Subscribers is restricted to actual damages incurred in relation to our Services and we are not liable for damages related either to Azure Active Directory, any Third Party Applications, any other software listed in Section 7.2 and 9.7 or any damages caused by Resellers. We are not liable at all for damages resulting from:
Mutual Liability. Parties shall, to the extent allowed by law, each be individually liable for any and all claims, losses, causes of action, judgements, damages, and expenses to the extent directly caused by their officers, agents, or employees.
Mutual Liability. USEC and TVA each agree to indemnify the other against and save the other harmless from any and all claims by or liability to any other person arising out of the negligence of the indemnifying Party or its agents or contractors.
Mutual Liability. Each party agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. Each party agrees to maintain reasonable coverage for such liabilities either through commercial insurance or a reasonable self-insurance mechanism, and the nature of such insurance coverage or self-insurance mechanism will be reasonably provided to the other party upon request.
Mutual Liability. 1. The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.
Mutual Liability. To the extent permitted pursuant to each party’s governing law, parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
Mutual Liability cap If a Claim or Liability arises that is not covered by clause 13.1 or 13.2, and other than the liability to pay Charges (including under clauses 12.8 and 16.3), a party’s maximum aggregate Liability to the other party for all Claims arising in or made during a Contract Year relating to this agreement however arising (including under this agreement, in tort (including negligence), or for breach of any statutory duty) but excluding Liability caused by fraudulent or Wilful Misconduct is limited to the lesser of $2 million per Contract Year and the amount of the TOP Charges payable for that Contract Year.
Mutual Liability. Each party agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. The parties understand that each is covered with respect to third party tort liability by the State of Idaho, Department of Administration, Risk Management Program utilizing the Retained Risk Account. This is a plan of liability coverage provided by and subject to provisions of the Idaho Tort Claims Act, and the Department of Administration, Risk Management statutes.
Mutual Liability cap Other than the liability to pay Charges (including under clauses 12.7 and 16.3), a party’s maximum aggregate Liability to the other party for all Claims arising in or made during a Contract Year relating to this agreement however arising (including under this agreement, in tort (including negligence), or for breach of any statutory duty) is limited to the amount of the TOP Charges payable for that Contract Year.
