PARTY LIABILITY. Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
PARTY LIABILITY. Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
PARTY LIABILITY. If you are injured or become ill due to the act or omission of another person (a “third party”), Blue Shield shall, with respect to services required as a result of that injury, provide the Benefits of the plan and have an equitable right to restitution, reimbursement, or other available remedy to recover the amounts Blue Shield paid for services provided to you on a fee-for-service basis from any recovery (defined below) obtained by or on your behalf, from or on behalf of the third party responsible for the injury or illness, and you must agree to the provisions below. In addition, if you are injured and no other person is responsible but you receive (or are entitled to) a recovery from another source, and if Blue Shield paid Benefits for that injury, you must agree to the following provisions. • All recoveries you or your representatives obtain (whether by lawsuit, settlement, insurance, or otherwise), no matter how described or designated, must be used to reimburse Blue Shield in full for Benefits Blue Shield paid. Blue Shield’s share of any recovery extends only to the amount of Benefits it has paid or will pay you or your representatives. For purposes of this provision, your representatives include, if applicable, your heirs, administrators, legal representatives, parents (if you are a minor), successors, or assignees. This is Blue Shield’s right of recovery. • Blue Shield’s right to restitution, reimbursement, or other available remedy is against any recovery you receive as a result of the injury or illness. This includes any amount awarded to you or received by way of court judgment, arbitration award, settlement, or any other arrangement, from any third party or third-party insurer, related to the illness or injury (the “Recovery”), whether or not you have been “made whole” by the Recovery. The amount Blue Shield seeks as restitution, reimbursement, or other available remedy will be calculated in accordance with California Civil Code Section 3040. • Blue Shield will not reduce its share of any Recovery unless, in the exercise of our discretion, Blue Shield agrees in writing to a reduction (1) because you do not receive the full amount of damages that you claimed or (2) because you had to pay attorneys’ fees. • You must cooperate in doing what is reasonably necessary to assist Blue Shield with its right of recovery. You must not take any action that may prejudice Blue Shield’s right of recovery. • You must tell Blue Shield promptly if you have made ...
PARTY LIABILITY. In consideration of full and satisfactory performance hereunder, H-GAC will be liable to Contractor for costs billed in accordance with the agreed upon rate for such services as described in the Contractor proposal coinciding with the contract performance dates. This payment is subject to the following limitations: 1) H-GAC is not liable for expenditures made in violation of regulations, rules or policies promulgated under applicable local, state, or federal laws, 2) Except as specifically authorized by H-GAC in writing, H-GAC is liable only for expenditures made in compliance with the applicable cost principles and administrative requirements set forth in 2 CFR200 and the Uniform Grant Management Standards (UGMS) promulgated by the State of Texas 3) H-GAC is not liable to Contractor for costs incurred or performance rendered before the beginning date or after termination of this Agreement, 4) H-GAC is not liable for any costs incurred in the performance of this Agreement, which have not been billed to H-GAC within 30 days following termination of this Agreement.
PARTY LIABILITY. As between parties to this Agreement: Each party shall be responsible for its own acts and omissions and not for the acts or omissions of any other party. In circumstances involving harm to other parties caused by the acts or omissions of individuals who access Health Data or Proprietary Information through the Network or by use of any password, identifier, or log-on received or obtained directly or indirectly, lawfully or unlawfully, from Vendor, the Participant or any of the Participant Users, each party shall be responsible for such harm to the extent that the individual’s access was caused by the party’s breach of the Agreement or its negligent conduct for which there is a civil remedy under Applicable Law. Notwithstanding any provision in this Agreement to the contrary, the party shall not be liable for any act or omission if a cause of action for such act or omission is otherwise prohibited by Applicable Law. This section shall not be construed as a hold harmless or indemnification provision. To the extent that a Participant is prohibited, by Applicable Law, from being subject to the liability outlined in this Section 14(a) (Party Liability), it shall be exempt from this Section 14(a)(Party Liability). If the Participant is an agency of the State of Florida or otherwise enjoys sovereign immunity (a “State Participant”), the limitations on tort claims as set forth in Section 768.28, Florida Statutes, shall apply to all tort-related claims, including without limitations, all claims that the State Participant may be required to defend under the indemnification provisions of this Agreement. The Parties to this Agreement expressly agree that any State Participant’s execution of the Agreement, including any indemnification obligations that may be contained in this Agreement, shall not constitute a waiver of sovereign immunity, and that the entire extent of the State Participant’s liability shall not exceed the limitations on tort claims set forth in Section 768.28, Florida Statutes.
PARTY LIABILITY. As between the Parties, each Party shall be responsible for its own and its Affiliates acts and omissions and not for the acts or omissions of the other Party, their Affiliates or the other Party’s Participant Members. This section shall not be construed as a hold harmless or indemnification provision.
PARTY LIABILITY. Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder, excluding the indemnity found in Article 26 of the General Provisions of this Agreement. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
PARTY LIABILITY. If you are injured or become ill due to the act or omission of another person (a “third party”), Blue Shield shall, with respect to services required as a result of that injury, provide the Benefits of the plan and have an equitable right to restitution, reimbursement, or other available remedy to recover the amounts Blue Shield paid for services provided to you on a fee-for-service basis from any recovery (defined below) obtained by or on your behalf, from or on behalf of the third party responsible for the injury or illness, and you must agree to the provisions below. In addition, if you are injured and no other person is responsible but you receive (or are entitled to) a recovery from another source, and if Blue Shield paid Benefits for that injury, you must agree to the following provisions.
PARTY LIABILITY. COVER Legal liability of the Insured to third parties for bodily injury, illness or death, loss or damage arising from the activities of the Insured. LIMIT Minimum limit of (pound)50,000,000 any one occurrence/unlimited in the number of occurrences but in the aggregate in respect of product liability and pollution or such other amount as may be mutually agreed upon by the Borrower and the Agent (in consultation with the Insurance Adviser) from time to time. DEDUCTIBLES Not exceeding (pound)10,000 each and every claim in respect of property damage only or such amount as may be subject to a level of deductible in an amount as may be mutually agreed upon by the Borrower and the Agent (in consultation with the Insurance Adviser). 101 PERIOD 12 months and annually renewable thereafter. PRINCIPAL EXTENSIONS Including inter alia: Interference, trespass, loss of amenities, nuisance, denial of access, obstruction etc. Cross liabilities clause Costs and expenses clause Contractual liability clause Worldwide Jurisdiction Pollution - "sudden and accidental" basis. PRINCIPAL EXCLUSIONS Penalties or fines imposed by regulatory or statutory authorities and courts, liquidated and ascertained damages, pollution other than "sudden and accidental" pollution, inevitable occurrences, Insureds' own employees.
PARTY LIABILITY. In consideration of full and satisfactory performance hereunder, H-GAC will be liable to Fort Bend County for costs billed in accordance with the agreed upon rate for such services as described in the Fort Bend County proposal coinciding with the contract performance dates. This payment is subject to the following limitations:
1) H-GAC is not liable for expenditures made in violation of regulations, rules or policies promulgated under applicable local, state, or federal laws, 2) Except as specifically authorized by H-GAC in writing, H- GAC is liable only for expenditures made in compliance with the applicable cost principles and administrative requirements set forth in a properly executed attachment to this Agreement, 3) H-GAC is not liable to Fort Bend County for costs incurred or performance rendered before the beginning date or after termination of this Agreement, 4) H-GAC is not liable for any costs incurred in the performance of this Agreement, which have not been billed to H-GAC within 30 days following termination of this Agreement.
