NUCLEAR LIABILITY. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers.
NUCLEAR LIABILITY. In the event that the Goods and Services provided by Seller and/or otherwise identified in these Terms and Conditions or in a Quotation, Purchase Order or any other agreement between Buyer and Seller are provided, used, or otherwise employed in, on or around a facility generating and/or otherwise employing in any manner nuclear, radioactive or ionizing radiation whether as a fuel, product or any other substance, the terms and conditions of the Seller Nuclear Liability Addendum (Revision 12.31.2012) incorporated by reference as if fully rewritten herein and a copy of which is attached to the Quotation or is available at xxx.xxxxxxxxxx.xx or upon request of Buyer.
NUCLEAR LIABILITY. The Parties hereby acknowledge that nuclear fusion installations are currently not covered by international nuclear liability conventions and that ITER IO assumes by virtue of the declaration in the Applicable Documents (AD04-Declaration regarding Nuclear Liability of ITER) the responsibility of a Nuclear Operator for indemnifying the Contractor in the event of claims, damage and losses caused by radiological damage arising from a nuclear incident as defined by the Paris Convention ‘Third Party liability in the Field of Nuclear Energy’ of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982].
NUCLEAR LIABILITY. Where the products, engineering design or fabrication are utilized in nuclear plant applications, Customer agrees: (a) to take all necessary steps to add Company as an insured under the property insurance policies and nuclear liability insurance policies covering the nuclear power plant facility at which the products, engineering design or fabrication are
NUCLEAR LIABILITY. Products sold under the Agreement are not intended to be used, nor should they be used, in any nuclear-related application either as a "Basic Component" under 10 C.F.R. part 21 (U.S. Nuclear Regulatory Commission) or otherwise under similar nuclear laws and regulations of the United States or any other country. In the event that such products are to be used in a nuclear facility, Purchaser shall, prior to such use, arrange for insurance and governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part, to product defects or the negligence or otherwise of Company or its suppliers.
NUCLEAR LIABILITY. Where the products, engineering design or fabrication are utilized in nuclear plant applications, Customer agrees: (a) to take all necessary steps to add Company as an insured under the property insurance policies and nuclear liability insurance policies covering the nuclear power plant facility at which the products, engineering design or fabrication are utilized; (b) to obtain a waiver of any claims against Company by the nuclear power plant owner and a waiver of subrogation against Company from such owners’ property insurer with respect to any loss or damage to property at the nuclear power plant site arising from the products, engineering design or fabrication;
(c) to indemnify and hold Company harmless against all claims, costs, expenses (including attorney’s fees), loss, damage, or other liability that Company would not have incurred but for Customer’s failure to comply with subsections (a) and (b) of this paragraph; and (d) to indemnify and hold Company harmless with respect to any personal injury (or death), property damage or other loss resulting from a nuclear incident which is caused directly or indirectly by defective design, material or workmanship furnished by Company.
NUCLEAR LIABILITY. Bodily injury or property damage which is also insured under a nuclear energy liability policy issued by the Nuclear Insurance Association of Canada, or any other group or pool of insurers regardless of exhaustion of such policy limits or its termination. This exclusion applies whether or not there are one or more other causes or events (whether covered or not) that contribute concurrently or in any sequence to the bodily injury or property damage.
NUCLEAR LIABILITY. Liability in the event of a nuclear incident shall be as determined by the Nuclear Liability Act (Canada).
NUCLEAR LIABILITY. In the event that the engineering services shall pertain to a nuclear facility, the Purchaser shall arrange for insurance and indemnification protecting Xxxxxxx against liability and hereby releases and agrees to indemnify Xxxxxxx and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Xxxxxxx or its suppliers.
NUCLEAR LIABILITY. 1. The DPRK shall ensure that a legal and financial mechanism is available for meeting claims brought within the DPRK for damages in the event of a nuclear incident (as defined in the Vienna Convention on Civil Liability for Nuclear Damage, done at Vienna, May 21, 1963) in connection with the LWR plants. The legal mechanism shall include the channeling of liability in the event of a nuclear incident to the operator on the basis of absolute liability. The DPRK shall ensure that the operator is able to satisfy such liabilities.
2. Prior to the shipment of any fuel assemblies to the DPRK, the DPRK shall enter into an indemnity agreement with KEDO, and shall secure nuclear liability insurance or other financial security to protect KEDO, its contractors and subcontractors, and their respective personnel in connection with any third party claims in any court or forum arising from activities undertaken pursuant to the Agreement in the event of nuclear damage or loss occurring inside or outside the territory of the DPRK as a result of a nuclear incident in connection with the LWR plants. Details concerning the indemnity agreement and insurance or other financial security shall be specified in a separate protocol between KEDO and the DPRK pursuant to the Agreement.
3. The DPRK shall bring no claims against KEDO, its contractors and subcontractors, and their respective personnel arising out of any nuclear damage or loss.
4. This Article shall not be construed as acknowledging the jurisdiction of any court or forum or as waiving any immunity of either side.
5. The domestic legal system of the DPRK may provide that, if the operator proves that the nuclear damage resulted wholly or partly either from the gross negligence of the person suffering the damage or from an act or omission of such person done with intent to cause damage, the operator may be relieved wholly or partly from his obligation to pay compensation in respect of the damage suffered by such person. The operator shall have a right of recourse only if the damage caused by a nuclear incident results from an act or omission done with intent to cause damage, against the individual acting or omitting to act with such intent. For purposes of this paragraph, the terms "person" and "individual" shall have the same meaning as in the Vienna Convention on Civil Liability for Nuclear Damage (done at Vienna, May 21, 1963).
