Common use of No Metrolinx Liability Clause in Contracts

No Metrolinx Liability. Where Metrolinx has entered into a Master Agreement, each Purchaser acknowledges and agrees that Metrolinx shall not be liable or responsible to any other Party to this Agreement, any Purchaser, the Supplier and/or any third party for any matter arising under such Master Agreement, the Procurement process or the provision of the Goods and/or Services, except to the extent to which such matter relates to the negligence or wilful misconduct of Metrolinx in the performance of its duties, and without limiting the generality of the foregoing, each Purchaser acknowledges and agrees that: a. Metrolinx will not be liable or responsible for any act or omission of the Purchaser or the Supplier in relation to Goods and/or Services under any Master Agreement and/or any Purchase Agreement. In no case whatsoever will Metrolinx be responsible or liable for the cost of any Goods and/or Services under a Purchase Agreement. b. Metrolinx shall not be liable or responsible in any way whatsoever and the Purchasers agree that they shall satisfy themselves as to the suitability of the Goods and/or Services for their purposes, including without limitation the Goods and/or Services’ compliance with applicable laws, policies, safety, licensing, funding and insurance requirements as such may apply to the Purchaser’s provision of transit services in its jurisdiction and/or its acquisition of Goods and/or Services hereunder. c. Except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Documents, Metrolinx has not endorsed, recommended or approved the suitability of a Supplier or its Goods and/or Services for a Purchaser. d. Each Purchaser shall be responsible for obtaining its own professional advice, including its own independent legal advice in respect of its execution of this Agreement, its participation hereunder, and its completion of a Purchase Agreement, if any. Each Purchaser may include such additional business and legal terms and conditions to the Purchase Agreement as it sees fit in the circumstances provided that the required terms of the Purchase Agreement approved by the Steering Committee (the “Required Terms”) are wholly retained and provided further that any such additional terms and conditions are not inconsistent with the terms and conditions of the relevant Master Agreement and the Required Terms. e. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for its own costs of any nature whatsoever arising as a result of, through or in any way related to its execution of this Agreement and its participation hereunder. f. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for the oversight and administration of its own Purchase Agreement with the Supplier and shall not direct any Supplier service issues that may arise to Metrolinx but shall inform Metrolinx’s Project Officer of such issues. g. Metrolinx shall not be liable for any loss or damages suffered by any of the other Parties or Purchasers, or any other person as a result of any act or inaction of Metrolinx. h. Metrolinx shall not be liable for any losses, costs or damages sustained or incurred by any other Party or Purchaser, including losses, costs or damages relating to third party lawsuits arising out of any Procurement process or the Master Agreement.

No Metrolinx Liability. Where Metrolinx has entered into a Master Agreement, each Purchaser acknowledges and agrees that Metrolinx shall not be liable or responsible to any other Party to this Agreement, any Purchaser, the Supplier and/or any third party for any matter arising under such Master Agreement, the Procurement process or the provision of the Goods and/or ServicesDeliverables, except to the extent to which such matter relates to the negligence or wilful misconduct of Metrolinx in the performance of its duties, and without limiting the generality of the foregoing, each Purchaser acknowledges and agrees that: a. Metrolinx will not be liable or responsible for any act or omission of the Purchaser or the Supplier in relation to Goods and/or Services Deliverables under any Master Agreement and/or any Municipal Bus Purchase Agreement. In no case whatsoever will Metrolinx be responsible or liable for the cost of any Goods and/or Services Deliverables under a Purchase Agreementan MBPA. b. Metrolinx shall not be liable or responsible in any way whatsoever and the Purchasers agree that they shall satisfy themselves as to the suitability of the Goods and/or Services Deliverables for their purposes, including without limitation the Goods and/or Services’ Deliverables compliance with applicable laws, policies, safety, licensing, funding and insurance requirements as such may apply to the Purchaser’s provision of transit services in its jurisdiction and/or its acquisition of Goods and/or Services Transit Buses hereunder., and including without limitation and by way of example only, the Ministry of Transportation’s Canadian Content for Transit Vehicle Procurement Policy, a copy of which is attached as Schedule I. c. Except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Documents, Metrolinx has not endorsed, recommended or approved the suitability of a Supplier or its Goods and/or Services Deliverables for a Purchaser. d. Each Purchaser shall be responsible for obtaining its own professional advice, including its own independent legal advice in respect of its execution of this Agreement, its participation hereunder, and its completion of a Municipal Bus Purchase Agreement, if any. Each Purchaser may include such additional business and legal terms and conditions to the Municipal Bus Purchase Agreement as it sees fit in the circumstances provided that the required terms of the Municipal Bus Purchase Agreement approved by the Steering Committee (the “Required Terms”) are wholly retained and provided further that any such additional terms and conditions are not inconsistent with the terms and conditions of the relevant Master Agreement and the Required Terms. e. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for its own costs of any nature whatsoever arising as a result of, through or in any way related to its execution of this Agreement and its participation hereunder. f. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for the oversight and administration of its own Municipal Bus Purchase Agreement with the Supplier Supplier, including without limitation the Supplier’s compliance with the Canadian Content Policy and shall not direct any Supplier service issues that may arise to Metrolinx but shall inform Metrolinx’s Project Officer Engineer of such issues. g. Metrolinx shall not be liable for any loss or damages suffered by any of the other Parties or Purchasers, or any other person as a result of any act or inaction of Metrolinx. h. Metrolinx shall will not be liable for any losses, costs or damages sustained or incurred by any other Party or Purchaser, including losses, costs or damages relating to third party lawsuits arising out of any Procurement process or the Master Agreement.

No Metrolinx Liability. Where Metrolinx has entered into a Master Agreement, each Purchaser acknowledges and agrees that Metrolinx shall not be liable or responsible to any other Party to this Agreement, any Purchaser, the Supplier and/or any third party for any matter arising under such Master Agreement, the Procurement process or the provision of the Goods and/or ServicesDeliverables, except to the extent to which such matter relates to the negligence or wilful misconduct of Metrolinx in the performance of its duties, and without limiting the generality of the foregoing, each Purchaser acknowledges and agrees that: a. Metrolinx will not be liable or responsible for any act or omission of the Purchaser or the Supplier in relation to Goods and/or Services Deliverables under any Master Agreement and/or any ECS Purchase Agreement. In no case whatsoever will Metrolinx be responsible or liable for the cost of any Goods and/or Services Deliverables under a an ECS Purchase Agreement. b. Metrolinx shall not be liable or responsible in any way whatsoever and the Purchasers agree that they shall satisfy themselves as to the suitability of the Goods and/or Services Deliverables for their purposes, including without limitation the Goods and/or ServicesDeliverables’ compliance with applicable laws, policies, safety, licensing, funding and insurance requirements as such may apply to the Purchaser’s provision of transit services in its jurisdiction and/or its acquisition of Goods and/or Services ECS units or ECS Retrofits hereunder. c. Except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Public Tender Documents, Metrolinx has not endorsed, recommended or approved the suitability of a Supplier or its Goods and/or Services Deliverables for a Purchaser. d. Each Purchaser shall be responsible for obtaining its own professional advice, including its own independent legal advice in respect of its execution of this Agreement, its participation hereunder, and its completion of a an ECS Purchase Agreement, if any. Each Purchaser may include such additional business and legal terms and conditions to the ECS Purchase Agreement as it sees fit in the circumstances provided that the required terms of the ECS Purchase Agreement approved by the Steering Committee (the “Required Terms”) are wholly retained and provided further that any such additional terms and conditions are not inconsistent with the terms and conditions of the relevant Master Agreement and the Required Terms. e. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for its own costs of any nature whatsoever arising as a result of, through or in any way related to its execution of this Agreement and its participation hereunder. f. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for the oversight and administration of its own ECS Purchase Agreement with the Supplier and shall not direct any Supplier service issues that may arise to Metrolinx but shall inform Metrolinx’s Project Officer of such issues. g. Metrolinx shall not be liable for any loss or damages suffered by any of the other Parties or Purchasers, or any other person as a result of any act or inaction of Metrolinx. h. Metrolinx shall not be liable for any losses, costs or damages sustained or incurred by any other Party or Purchaser, including losses, costs or damages relating to third party lawsuits arising out of any Procurement process or the Master Agreement.

No Metrolinx Liability. Where Metrolinx has entered into a Master Agreement, each Purchaser acknowledges and agrees that Metrolinx shall not be liable or responsible to any other Party to this Agreement, any Purchaser, the Supplier and/or any third party for any matter arising under such Master Agreement, the Procurement process or the provision of the Goods and/or ServicesDeliverables, except to the extent to which such matter relates to the negligence or wilful misconduct of Metrolinx in the performance of its duties, and without limiting the generality of the foregoing, each Purchaser acknowledges and agrees that: a. Metrolinx will not be liable or responsible for any act or omission of the Purchaser or the Supplier in relation to Goods and/or Services Deliverables under any Master Agreement and/or any Bus Purchase Agreement. In no case whatsoever will Metrolinx be responsible or liable for the cost of any Goods and/or Services Deliverables under a Bus Purchase Agreement. b. Metrolinx shall not be liable or responsible in any way whatsoever and the Purchasers agree that they shall satisfy themselves as to the suitability of the Goods and/or Services Deliverables for their purposes, including without limitation the Goods and/or Services’ Deliverables compliance with applicable laws, policies, safety, licensing, funding and insurance requirements as such may apply to the Purchaser’s provision of specialized transit services in its jurisdiction and/or its acquisition of Goods and/or Services Specialized Transit Buses hereunder, and including without limitation and by way of example only the Canadian Content Policy. c. Except for determining a Proponent’s compliance with the mandatory requirements set out in the Procurement Documents, Metrolinx has not endorsed, recommended or approved the suitability of a Supplier or its Goods and/or Services Deliverables for a Purchaser. d. Each Purchaser shall be responsible for obtaining its own professional advice, including its own independent legal advice in respect of its execution of this Agreement, its participation hereunder, and its completion of a Bus Purchase Agreement, if any. Each Purchaser may include such additional business and legal terms and conditions to the Bus Purchase Agreement as it sees fit in the circumstances provided that the required terms of the Bus Purchase Agreement approved by the Steering Committee (the “Required Terms”) are wholly retained and provided further that any such additional terms and conditions are not inconsistent with the terms and conditions of the relevant Master Agreement and the Required Terms. e. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for its own costs of any nature whatsoever arising as a result of, through or in any way related to its execution of this Agreement and its participation hereunder. f. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for the oversight and administration of its own Bus Purchase Agreement with the Supplier Supplier, including without limitation the Supplier’s compliance with the Canadian Content Policy and shall not direct any Supplier service issues that may arise to Metrolinx but shall inform Metrolinx’s Project Officer Engineer of such issues. g. Metrolinx shall not be liable for any loss or damages suffered by any of the other Parties or Purchasers, or any other person as a result of any act or inaction of Metrolinx. h. Metrolinx shall not be liable for any losses, costs or damages sustained or incurred by any other Party or Purchaser, including losses, costs or damages relating to third party lawsuits arising out of any Procurement process or the Master Agreement.