Common use of Owner Indemnitees Clause in Contracts

Owner Indemnitees. Except as otherwise required by law, in no event shall You or any of Your Indemnitees be liable to GBCI or any third party, with respect to any and all claims, rights, claims for indemnification or otherwise, for any special, indirect, incidental, punitive, or consequential damage regarding this Agreement or resulting from or in connection with the performance of this Agreement by You or any of Your Indemnitees. Regardless of the foregoing, and without limiting any other provision herein, GBCI’s sole remedy with respect to You and Your Indemnitees shall be limited to the sum not exceeding five (5) times the Fees paid by You under this Agreement; provided, however that You agree that this limit shall not be applicable in the event of any misappropriation or infringement of GBCI’s or IWBI’s intellectual property rights, including but not limited to infringement of the Marks, by You or Your Indemnitees.

Appears in 3 contracts

Samples: Well Certification Agreement, Well Certification Agreement, Well Certification Agreement

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Owner Indemnitees. Except as otherwise required by law, in no event shall You or any of Your Indemnitees indemnities be liable to GBCI or any third party, with respect to any and all claims, rights, claims for indemnification or otherwise, for any direct, special, indirect, incidental, punitive, or consequential damage regarding this Agreement or resulting from or in connection with the performance of this Agreement by You or any of Your Indemniteesindemnitees. Regardless of the foregoing, and without limiting any other provision herein, (1) GBCI’s sole remedy with respect to You and Your Indemnitees indemnitees shall be limited to the sum not exceeding five (5) times the Fees fees paid by You under this Agreement; , provided, however that You agree that this limit shall not be applicable in the event of any misappropriation or infringement of GBCI’s or IWBI’s intellectual property rights, including but not limited to infringement violation of the Marksmarks, by You or Your Indemniteesindemnitees.

Appears in 2 contracts

Samples: Leed Certification Agreement, Investor Ready Energy Efficiency Certification Agreement

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