No Waiver of Liability. Acceptance of evidence of the insurance requirements by the City in no way relieves or decreases the liability of the Contractor for the performance of the Services under the Agreement. Additionally, the Contractor is responsible for any losses, expenses, damages, claims and/or suits and costs of any kind which exceed the Contractor’s limits of liability or which may be outside the coverage scope of the Contractor’s insurance policies. The insurance requirements outlined in this Agreement shall in no way be construed to limit or eliminate the liability of the Contractor that may arise from the performance of Services under the Agreement. The Contractor’s coverage is to be primary for any and all claims and/or suits related to or arising from the Services and any insurance coverage maintained by the City is to be deemed as excess of the Contractor’s insurance coverage and shall not contribute with or to it in any way.
No Waiver of Liability. The provisions requiring QF to acquire and maintain insurance under this Agreement will not be construed as a waiver, restriction or limitation of any liability imposed on QF under this Agreement, whether or not the same is covered by insurance. It is the intent of the Parties, however, that to the extent there is insurance coverage available to cover the legal or contractually assumed liability of QF, any payments due as a result of such liability will be made first from the proceeds of such policies.
No Waiver of Liability. The Surety shall not be released from liability under these provisions by reason of any forbearance, the granting of time or any other indulgence on the part of the Landlord.
No Waiver of Liability. The foregoing provisions requiring Contractor to carry insurance shall not be construed in any manner as waiving, restricting or limiting the liability of Contractor as to any obligations imposed under Agreement, whether or not same are, or may be, covered by insurance. In addition, the maintenance of Contractor’s insurance shall not in any way operate to limit the liability of Contractor to Owner under the Agreement.
No Waiver of Liability. Seller has not released or waived and will not release or waive the liability of any previous owner, lessee or operator of the Real Property or any party who may be potentially responsible for the presence or removal of Hazardous Material on or about the Real Property. Seller has made no promises of indemnification regarding Hazardous Material to any party regarding:
No Waiver of Liability. Maintenance of the insurance specified herein shall not limit LICENSEE's liability under this Agreement.
No Waiver of Liability. Conduct operations in such a manner that no undue hazard results due to the requirements of this Article. The procedures and policies described herein in no way acts as a waiver of any terms of the liability of the Contractor or his surety. 102-6 Detours.
No Waiver of Liability. Rambus and Micron each agrees that Sections 3.1 and 3.2 above do not grant, and shall not be construed, argued, or relied upon as granting (a) any license, covenant [***] or the like under any Patent of the other Party (by implication, estoppel or otherwise) or (b) any release or waiver with respect to any liability, damages or claims for infringement of any Patent of the other Party. Furthermore, each Party, on behalf of itself and its Subsidiaries, hereby irrevocably [***], all applicable statutes of limitations shall be tolled upon the Effective Date and shall remain tolled until the expiration or termination of the Term-Product License. Nothing in this Section 3.3 shall operate to impact or limit the application of 35 U.S.C. § 287.
No Waiver of Liability. The provisions requiring Seller to acquire and maintain insurance under this Agreement shall not be construed as a waiver, restriction or limitation of any liability imposed on Seller under this Agreement, whether or not the same is covered by
No Waiver of Liability. For the avoidance of doubt, the Finance Parties do not waive any rights against any Obligor notwithstanding the terms of section 3.04 of the Servicing Agreement, subject to the other provisions of the Facility Documents.
