Non-Governmental Entities. This subparagraph applies only if Grantee is a non- governmental entity. To the extent permitted by law, Xxxxxxx agrees to hold harmless Grantor against any and all liability, loss, damage, cost or expenses, including attorneys’ fees, arising from the intentional torts, negligence or breach of contract of Grantee, with the exception of acts performed in conformance with an explicit, written directive of Grantor. Indemnification by Grantor will be governed by the State Employee Indemnification Act (5 ILCS 350/1 et seq.) as interpreted by the Illinois Attorney General. Grantor makes no representation that Grantee, an independent contractor, will qualify or be eligible for indemnification under said Act.
Non-Governmental Entities. Non-governmental entities (not-for-profit and for-profit entities) must adhere to North Carolina General Statute 143C-6.22 and 09 NCAC Subchapter 03M.
Non-Governmental Entities. Non-governmental entities (not-for-profit and for-profit entities) must adhere to N.C. Gen. Stat §143C-6-22.
Non-Governmental Entities. The Service Provider agrees to indemnify and hold MCWN, Chief Elected Official and/or the State of Illinois, and its officers, agents, or employees harmless from and against any and all claims, and actions, including but not limited to, attorneys’ fees, costs and interest, based upon and arising out of any services performed under this Agreement, or disbursements of grant funds provided hereunder by the Service Provider and its officers, employees, agents, independent contractors, subcontractors, subrecipients, volunteers, or other associates. The Service Provider shall further indemnify and hold the McHenry County Workforce Network Board, the Chief Elected Official, and/or the State of Illinois and/or its officers, agents and employees harmless from and against any and all liabilities, demands, claims, damages, suits costs, fees and expenses incident thereto, for injuries or death to persons and for loss or damage to or destruction of property because of negligence, intentional acts or omissions on the part of Service Provider, its officers, employees, agents, independent contractors, subcontractors, subrecipients, volunteers or other associates, arising out of any services performed under this Agreement. The Service Provider further agrees to indemnify, same and hold harmless the MCWN, Chief Elected Official, and its officers, agents and employees against any liability, including costs and expenses associated with the violation of general, proprietary rights, copyrights or rights of privacy of third parties arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data developed or furnished under this Agreement or any libelous or any unlawful matter contained therein.
Non-Governmental Entities. This subparagraph applies only if Grantee is a non-governmental entity. Grantee must hold harmless Grantor against any and all liability, loss, damage, cost or expenses, including attorneys’ fees, arising from the intentional torts, negligence or breach of contract of Grantee, with the exception of acts performed in conformance with an explicit, written directive of Grantor. Indemnification by Grantor is governed by the State Employee Indemnification Act (5 ILCS 350/.01 et seq.) as interpreted by the Illinois Attorney General. Grantor makes no representation that Grantee, an independent contractor, will qualify or be eligible for indemnification under said Act.
Non-Governmental Entities. Three non-governmental entities requested leave to submit written views in respect of the dispute. Those entities are the International Cheese Council of Canada (“ICCC”), the Retail Council of Canada (“RCC”), and Restaurants Canada (“RC”). 4 United States IWS, para. 29. 5 United States IWS, para. 30.
Non-Governmental Entities. 19. Between 24 October and 7 November 2023, 14 non-governmental entities (“NGEs”) requested leave to submit written views in respect of the dispute.10
20. On 14 November 2023, Alianza por la Salud Alimentaria filed an untimely request for leave to submit a written view, or, in the alternative, to co-sign El Poder del Consumidor’s written view (which had been received on 24 October 2023). On 17 November 2023, the Panel decided not to allow the untimely request for leave but allowed Alianza por la Salud Alimentaria to support the request by El Poder del Consumidor. On 21 November 2023, El Poder del Consumidor and Alianza por la Salud Alimentaria submitted their joint request for leave to file a written view.
21. On 17 November 2023, the Panel received the Parties’ and the Third Party’s comments on the NGE requests.
22. The Panel considered the merits of those requests pursuant to Article 31.11 of the USMCA and Article 20 of the RoP.
23. On 15 December 2023, the Panel granted six requests in their entirety, limited the scope of five requests, and denied three requests pursuant to Article 20.2 of the RoP. Following the Parties’ and the Third Party’s requests for reconsideration, the Panel issued a revised decision on 8 January 2023, granting nine,11 and denying five requests.12
Non-Governmental Entities. Neither party is assuming any liability for the actions or omissions of the other party. Each party shall forebear against making any claim against the other party for all claims, liability, injury, damage, or cost based upon injury or death to persons, or loss of, damage to, or loss of use of property that arises out of the performance of this agreement to the extent that such claims, liability, damage, cost, or expense result from the negligence of that party's own agents or employees.
Non-Governmental Entities. The Grantee agrees to assume all risk of loss and to indemnify and hold the State, its officers, agents and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs, attorneys’ and witnesses’ fees, and expenses incident thereto, relating to bodily injuries to persons (including death) and for loss of, damage to, or destruction of real and/or tangible personal property (including property of the State) resulting from the negligence or misconduct of Grantee, its employees, agents, or subcontractors or subgrantees in the performance of this Agreement. Grantee shall do nothing to prejudice the State’s right to recover against third parties for any loss, destruction or damage to State property and shall, at the State’s request and expense, furnish to the State reasonable assistance and cooperation including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the State in obtaining recovery. The Grantee shall, at its expense, defend the State against all claims asserted by any person that anything provided by Grantee infringes a patent, copyright, trade secret or other intellectual property right and shall, without limitation, pay the costs, damages and attorneys' fees awarded against the State in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement.
