Part II – THIRD PARTY LIABILITY Sample Clauses

Part II – THIRD PARTY LIABILITY. ‌ 4.2.1. The Insurer indemnifies the Insured against loss incurred as a result of any claim for civil liability made against the Insured, based on the insured vehicle exploitation that caused death, bodily injury and/or property damage of any third party. The indemnification is paid to the concerned person (or his/her legal representative) in accordance to the terms and conditions of this Agreement. 4.2.2. If the insured event has been confirmed, the following shall be subject to payment within the limit of the sum insured (Insurer’s liability limit), according to the terms and conditions hereunder: 4.2.2.1 ) In case of full destruction of third party(ies)property –market or restoration value of the lost property taking into consideration the specific character of demolished property, deducting the value of devaluation and the remained fragments (which still can be used);
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Part II – THIRD PARTY LIABILITY. 4.2.1. If accident is provoked by the insured vehicle that caused death, bodily injury or any property loss inflicted to the third party, the Insurer shall pay the costs of liability covered hereinto the person (or his/her legal representative) covered under the terms and conditions of this Wording. 4.2.2. If the insured event has been confirmed, the following shall be subject to payment within the limit of the sum insured (Insurer’s liability limit), according to the terms and conditions hereunder and written agreement made by and between the parties: 4.2.2.1. reasonable expenses incurred to protect life, health and/or property of the third party or expenses incurred for loss reduction; 4.2.2.2. costs related to claims of the third party no matter connected with court proceedings, or - not, as well as the costs related to examining the circumstances of occurrence of the insured event and volume of loss, if they have been agreed upon with the Insurer in writing (such costs shall be paid within 20% insurance limit set forth in the Insurance Policy); 4.2.2.3. reimbursement to be paid to the accident victim pursuant to the enforced court decision; 4.2.2.4. indemnification of loss inflicted to the third party without court decision, if the amount of such compensation has been agreed upon with the Insurer in writing, and if the accident victim confirms in writing that he/she has no claim or complaint in connection with the insured event;

Related to Part II – THIRD PARTY LIABILITY

  • Indemnification for Third Party Claims ‌ (a) Seller shall defend, indemnify and hold harmless Buyer, its shareholders and Affiliates, and their respective directors, officers, employees and agents, from and against all third party Claims and Liabilities for injury, including death, and property damage caused by, arising out of, or in connection with the performance by any Project Party of the Transaction Documents to the extent any of such Claims or Liabilities were caused by the negligence, gross negligence or willful misconduct of Seller, the Contractor, any Subcontractor, and its respective employees or agents. (b) Buyer shall defend, indemnify and hold harmless Seller and its managers, officers, employees and agents, from and against all third party Claims and Liabilities for injury, including death, and property damage caused by, arising out of, or in connection with the performance of the Transaction Documents to the extent any of such Claims or Liabilities were caused by the negligence, gross negligence or willful misconduct of Buyer, its employees or agents. (c) Either Party seeking indemnification under this Agreement (the “Indemnified Party”) shall give notice to the Party required to provide indemnification hereunder (the “Indemnifying Party”) promptly after the Indemnified Party has actual knowledge of any Claim as to which indemnity may be sought hereunder, and the Indemnified Party shall permit the Indemnifying Party (at the expense of the Indemnifying Party) to assume the defense of any Claim or litigation resulting therefrom; provided that: (i) counsel for the Indemnifying Party who shall conduct the defense of such Claim or litigation shall be reasonably satisfactory to the Indemnified Party; (ii) the Indemnified Party may participate in such defense at its own expense, except the Indemnifying Party shall reimburse the Indemnified Party for its participation in such defense to the extent that the Indemnifying Party requests the Indemnified Party to participate in its own defense; and (iii) the omission by the Indemnified Party to give notice as provided herein shall not relieve the Indemnifying Party of its indemnification obligations hereunder except to the extent that such omission results in a failure of actual notice to the Indemnifying Party and Indemnifying Party is damaged as a result of such failure to give notice. Notwithstanding the foregoing, the Indemnifying Party may not settle any Claim related to the indemnity being provided hereunder without the consent of the Indemnified Party, such consent not to be unreasonably withheld. (d) With regard to any Claim or Liability which is the result of the joint or concurrent fault or negligence of Seller and Buyer, the Parties agree to jointly defend any Claim with respect thereto that is based on such joint or concurrent fault or negligence of Buyer and Seller. Any Claim of contribution or indemnification between Buyer and Seller relating to such Claims shall be resolved on the basis of the percentage of fault or negligence and the Parties agree to reserve the determination of such percentage until after resolution of such Claim. Such pro rata share shall be based upon a final judicial determination of the Parties’ comparative fault or negligence or, in the absence of such determination, by mutual agreement. (e) Nothing in this Section 26.1 is intended to allow any Indemnified Party to be indemnified from and against any third party Claims and Liabilities caused by, arising out of, or in connection with the performance of this Agreement to the extent any of such Claims or Liabilities were caused by, arose out of, or were in any way incidental to or in connection with its own negligence or intentional misconduct.

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