Mutual Liability and Indemnification Clause Samples
Mutual Liability and Indemnification. 8.1 CTRA and Customer's directors, officers, employees, contractors or agents shall not be liable to each other, each others clients, employees, representatives or any other user of the Service or any other person or entity for:
8.1.1 any mistakes, omissions, errors, delays or defect in transmissions, or failure to transmit, or interruptions of Service;
8.1.2 any damages including direct, indirect, special consequential, exemplary or punitive damages, including, -------- -------- Initials Initials without limitation, any interruption of business, any loss of data, goodwill, profits, earnings and business opportunities or other losses, resulting directly or indirectly out of or in connection with this agreement or the provision of or failure to provide the Service or other use of CTRA's communications services, facilities, equipment or systems, or the use of same by others, even if CTRA has been advised in advance of the possibility thereof;
8.1.3 any acts or omissions of any connecting, underlying or local exchange telecommunications carrier whose facilities, equipment or systems are used in providing inter-connection for or termination of, the Service;
8.1.4 claims for libel, defamation, slander, harassment, invasion of privacy, illegal or improper use of telecommunications services or facilities, infringement of copyright or unauthorized use of or infringement of trade-▇▇▇▇ or trade-name or infringement of other intellectual property rights, arising out of the material data or information transmitted or received over CTRA's underlying carriers' services, facilities, equipment or systems; claims for patent infringement arising from combining or connecting Customer provided facilities, equipment or systems with CTRA's underlying carriers' services facilities, equipment or systems;
8.1.5 claims by those to whom Customer may provide telecommunications or other services;
8.1.6 all other claims arising out of any act or omission of Customer or any person utilizing Customer's telephone numbers, access lines, access codes, authorization codes, calling cards or other means to access CTRA's underlying carriers' network with or without the consent of Customer in connection with any services, facilities, equipment or systems, whether provided by CTRA or by Customer;
8.1.7 any defacement of or damage to, the premises of Customer resulting from the attachment of any equipment, apparata or associated wiring or instruments supplied by CTRA on such -------- -------- Init...
Mutual Liability and Indemnification. A. EXCEPT FOR ANY CLAIMS, RIGHTS OF RECOVERY AND CAUSES OF ACTION THAT LANDLORD HAS RELEASED, TENANT SHALL HOLD LANDLORD HARMLESS FROM AND DEFEND LANDLORD AGAINST ANY AND ALL CLAIMS OR LIABILITY FOR ANY INJURY OR DAMAGE (I) TO ANY PERSON OR PROPERTY WHATSOEVER OCCURRING IN, ON OR ABOUT THE PREMISES OR ANY PART THEREOF, THE PROJECT AND/OR COMMON AREAS, THE USE OF WHICH TENANT MAY HAVE IN ACCORDANCE WITH THIS LEASE, IF, AND ONLY TO THE EXTENT, SUCH INJURY OR DAMAGE SHALL BE CAUSED BY THE ACT, NEGLECT, FAULT OR OMISSION OF ANY DUTY BY TENANT, ITS AGENTS, SERVANTS, EMPLOYEES OR INVITEES; (II) ARISING FROM THE CONDUCT OR MANAGEMENT OF ANY WORK DONE BY THE TENANT IN OR ABOUT THE PREMISES; (III) ARISING FROM TRANSACTIONS OF THE TENANT; AND (IV) ALL REASONABLE AND ACTUAL COSTS, COUNSEL FEES, EXPENSES AND LIABILITIES INCURRED IN CONNECTION WITH ANY SUCH CLAIM OR ACTION OR PROCEEDING BROUGHT THEREON. The provisions of this Paragraph 11A shall survive the expiration or termination of this Lease. Landlord shall not be liable in any event for personal injury or loss of or to Tenant’s property caused by fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruption of utilities, Molds, or other occurrences, unless otherwise provided in this Lease. Landlord strongly recommends that Tenant secure Tenant’s own insurance in excess of the amounts required elsewhere in this Lease to protect against the above occurrences if Tenant desires additional coverage for such risks. Tenant shall give prompt notice to Landlord of any significant accidents involving injury to persons or property. Furthermore, Landlord shall not be responsible for lost or stolen personal property, equipment, money or jewelry from the Premises or from the public areas of the Building or the Project, regardless of whether such loss occurs when the area is locked against entry. Landlord shall not be liable to Tenant or Tenant’s employees, customers or invitees for any damages or losses to persons or property caused by any lessees in the Building or the Project, or for any damages or losses caused by theft, burglary, assault, __ndalism or other crimes. Landlord strongly recommends that Tenant provide its own security systems and services and secure Tenant’s own insurance in excess of the amounts required elsewhere in this Lease to protect against the above occurrences if Tenant desires additional protection or coverage for such risks. Tenant shall give Landlord prompt notice ...