Performance Liability Sample Clauses

Performance Liability. In the event the Custodian breaches any provision of this Amendment, the Custodian will be responsible for any loss or damage suffered by the Client only to the same extent the Custodian is liable for losses resulting from any breach of the standard of care specified in the Agreement.
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Performance Liability. Except as otherwise provided in law, in the performance of this Agreement and the Court's approved plan both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party. Each party agrees to be solely responsible for the actions of its employees under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees.
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Performance Liability. The Parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, neither party hereto can make no guarantee to the other party hereto on the results that may be provided as a result of the transactions contemplated by this Agreement (“Transactions”). Each party hereto expressly disclaims any warranty or guarantee of any kind whatsoever relating to the Transactions to be provided to IWS under this Agreement and shall have no liability whatsoever to the other party hereto in relation to this Agreement or any Transactions provided hereunder. Each party hereto recognizes and agrees that the other party hereto shall not be liable to to the other party hereto or any third party for any damages, including any lost profits, lost savings or other incidental, consequential, punitive, exemplary nor special damages arising out of this Agreement or the Transactions, even if the other party hereto has been advised of the possibility of such damages. Each party hereto acknowledges that other party hereto has not made and will not make any representations or promises of any kind whatsoever relating to the performance, results, or outcomes, potential or actual, of its Transactions.
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Performance Liability. The Supplier agrees to hold the Customer harmless against any and all claims, including claims for costs in the case, which third parties bring against the Customer and which are due to faults in performance or the Supplier's injurious act.
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Performance Liability. All issues of quality and performance must be resolved prior to live deployment. Live deployment of the Project constitutes acceptance of the Project as satisfactory by Client. The entire risk as to the quality and performance of the Project, including but not limited to, web pages and web site is with Client. In no event will Consultant be liable to the Client or any third party for any damages, including but not limited to, lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these pages or web site, custom programming or any other work performed by Consultant, even if Consultant has been advised of the possibility of such damages.
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Performance Liability. Except as otherwise provided by law, in the performance of this Agreement and the Department's approved plan, both parties hereto are acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associates of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party. Each party is solely responsible for the actions of its employees under this Agreement. COCHISE COUNTY JUVENILE COURT ARIZONA SUPREME COURT ADMINISTRATIVE OFFICE OF THE COURTS By By Xxxxxxxxx Xxxxx Xxxxxx Xxxx Xxxxxxxxx, Deputy Director Presiding Juvenile Court Judge Administrative Office of the Courts
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Performance Liability. Except as otherwise provided in law, in the performance of this Agreement and the Court's approved plan both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party. Each party agrees to be solely responsible for the actions of its employees under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees. Cochise County Superior Court Xxxxxxx Xxxxxxxxx By Digitally signed by Xxxxxxx Xxxxxxxxx Date: 2021.07.23 11:09:25 -07'00' Xxxxxxxxx Xxxxxxx X. Dickerson, Presiding Judge Superior Court in Cochise County Xxxx Xxxxxxxxx Xxxxxxxxx Digitally signed by Xxxx Date: 2021.07.08 13:50:37 -07'00' ARIZONA SUPREME COURT By Xxxx Xxxxxxxxx, Deputy Director Administrative Office of the Courts ADDENDUM A TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT COURT SECURITY IMPROVEMENTS FOR GRANTEE: Cochise County Superior Court ADDENDUM DATE: July 6, 2021 BEGIN DATE: July 1, 2021 END DATE: June 30, 2022 NOTE: This addendum supersedes all previously dated addenda. FUND SUMMARY: Equipment Expenses $2,760.00 Facilities Improvements $14,690.00 Local/Onsite Training Professional Services Other: Service/Labor/Installation TOTAL FUNDS: $17,450.00 AMOUNT FROM OTHER FUNDING: $0.00 TOTAL: $0.00 AMOUNT TO BE DISBURSED TO COURT*: Upon receipt of signed funding agreement $17,450.00 TOTAL AMOUNT APPROVED FOR DISBURSEMENT: $17,450.00 TOTAL AMOUNT APPROVED FOR EXPENDITURE: $17,450.00 * Since the AOC cannot guarantee how much revenue will be generated for fiscal years 2021 and 2022, any shortfall will be the financial responsibility of the court. In the event that Court Security Improvement funds retained by the AOC are insufficient to fund the approved request, or funds are reduced by legislative action, there is no obligation or approval to provide funds from other sources on the part of the AOC. Signed: Digitally signed Xxxxxx X. Xxxxxxxxxxxxx Xxxxxxxxxxxxx Date: 2021.07.0 Date: Xxxxxx Xxxxxxxxxxxxx, Director, Court Services Division, Administrative Office of the Courts Signed: Date: Xxxxxxxxx Xxxxxxx X. Dickerson, Presiding Judge Superior Court in Cochise County ADDENDUM B TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT FOR COURT SECURITY IMPROVEMENTS GRANTEE: Cochise County Superior Court ADDENDUM DATE: July 6, 2...
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Performance Liability. Except as otherwise provided by law, in the performance of this Agreement, both parties hereto are acting in their individual governmental capacities and not as agents, employees, partners, joint venture’s, or associates of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party. Each party is solely responsible for the actions of its employees under this Agreement. COCHISE COUNTY ARIZONA SUPREME COURT SUPERIOR COURT ADMINISTRATIVE OFFICE Xxxxxxx Xxxxxxxxx Digitally signed by Xxxxxxx Xxxxxxxxx Date: 2021.07.23 11:00:32 -07'00' (GRANTEE) OF THE COURTS Digitally signed by Xxxx Xxxx Xxxxxxxxx Xxxxxxxxx Date: 2021.07.08 10:11:57 -07'00' By By Authorized Signature on Behalf of the Superior Court Xxxx Xxxxxxxxx, Deputy Director Administrative Office of the Courts
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Related to Performance Liability

  • Maximum Liability The provisions of this Loan Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Loan Guarantor under this Loan Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Loan Guarantor’s liability under this Loan Guaranty, then, notwithstanding any other provision of this Loan Guaranty to the contrary, the amount of such liability shall, without any further action by the Loan Guarantors or the Lenders, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Loan Guarantor’s “Maximum Liability”. This Section with respect to the Maximum Liability of each Loan Guarantor is intended solely to preserve the rights of the Lenders to the maximum extent not subject to avoidance under applicable law, and no Loan Guarantor nor any other person or entity shall have any right or claim under this Section with respect to such Maximum Liability, except to the extent necessary so that the obligations of any Loan Guarantor hereunder shall not be rendered voidable under applicable law. Each Loan Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of each Loan Guarantor without impairing this Loan Guaranty or affecting the rights and remedies of the Lenders hereunder, provided that, nothing in this sentence shall be construed to increase any Loan Guarantor’s obligations hereunder beyond its Maximum Liability.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • Products Liability There is no Action before any Governmental Authority involving Seller based upon breach of product warranty, strict liability in tort, negligent design, negligent manufacture of product, defects in design, manufacture, materials or workmanship, negligent provision of services, or any other allegation of liability, including or resulting in product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instruction for use), documentation or sale of products (collectively, “Product Claims”; and, to the Knowledge of Seller, there is no basis for any such Product Claim. To the Knowledge of Seller, there are no material errors in any published technical documentation, specifications, manuals or user guides provided in the ordinary course of business to customers of the Business. There have been no material defects in design, manufacturing, materials or workmanship, including any failure to warn, or any breach of express or implied warranties or representations, which involve any product manufactured (or to be manufactured), shipped, sold, installed or delivered by or on behalf of Seller. There have been no product recalls by Seller with respect to any products manufactured (or to be manufactured), shipped, sold, installed or delivered by or on behalf of Seller, or to the Knowledge of Seller any investigation or consideration of or decision made by any Person or Governmental Authority concerning whether to undertake or not to undertake any recall. All manufacturing standards applied, testing procedures used, and product specifications disclosed to customers by Seller have complied in all material respects with all requirements established by any applicable Law or any Governmental Authority.

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Product Liabilities There are no product recalls, trade disputes, product liabilities or product tampering claims now pending, threatened against or made by or affecting the Company or any of its directors, officers or employees or the businesses, assets or rights of the Company.

  • Joint Liability Each representation, warranty, covenant and agreement made by Parent or Merger Sub in this Agreement shall be deemed a representation, warranty, covenant and agreement made by Parent and Merger Sub jointly and all liability and obligations relating thereto shall be deemed a joint liability and obligation of Parent and Merger Sub.

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