Personal Injury; Property Damage. EACH PARTY SHALL BE RESPONSIBLE FOR ANY ACTUAL PHYSICAL DAMAGES IT DIRECTLY CAUSES TO THE OTHER IN THE COURSE OF ITS PERFORMANCE UNDER THIS AGREEMENT, LIMITED TO PROVEN DIRECT DAMAGES RESULTING FROM PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGE ARISING FROM SUCH PARTY’S NEGLIGENCE OR WILLFUL MISCONDUCT.
Personal Injury; Property Damage. Any claim for personal injury or property damage to a person which is based on any event which occurred at the MOB Property prior to the Closing Date; and
Personal Injury; Property Damage. Each party shall be responsible for any actual physical damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT.
Personal Injury; Property Damage. Subject to the limitations and contingencies set forth in the indemnification provision of the Agreement, each Party shall at its expense defend any third party claim brought against the other Party for bodily injury, death or damage to real or tangible personal property, to the extent caused by the negligence or willful misconduct of the indemnifying Party while engaged in the provision or receipt of Professional Services; provided, however, that if there also is fault on the part of indemnified Party, the foregoing indemnification shall be on a comparative fault basis. As part of the indemnifying party’s defense obligations, the indemnifying Party will pay all associated and reasonable attorneys’ fees and defense costs, and pay any corresponding judgment finally awarded by a court of competent jurisdiction or any settlement amount agreed to in a written settlement agreement approved, in writing, by an authorised representative of the indemnifying Party. SUBSCRIBER APPIAN SOFTWARE INTERNATIONAL LLC By: By: Name: Name: Title: Title: Dated: _ Dated:
1. GENERAL SERVICE OBLIGATIONS - Appian’s obligations depend on the type of Maintenance Services that Subscriber purchases in a corresponding Order Form, as set forth in the following chart: BASIC ESSENTIAL ADVANCED ENTERPRISE Priority 1 & 2 Issues Local Business Hours 24x5 24x7x365 24x7x365 Priority 3 & 4 Issues Local Business Hours Local Business Hours Local Business Hours 24x5 Designated Support Contacts 2 4 12 24 Onboarding Session ✔ ✔ ✔ ✔ Online Case Management ✔ ✔ ✔ ✔ Appian Community ✔ ✔ ✔ ✔ Phone Support ✔ ✔ ✔ Lead Engineer Assigned ✔ Monthly Health Check Reviews ✔ Annual Corporate Visit ✔ Availability Minimum 99.80% 99.80% 99.95% 99.99% Pre-Release Testing Program* ✔ ✔ ✔ ✔ Appian Cloud Insights* ✔ ✔ ✔ ✔ Default Instance Size (Non-Prod) Large Large Large xLarge High Availability for Production ✔ ✔ Enhanced Data Pipeline* ✔ ✔ Log Streaming* ✔ ✔ Data At Rest Encryption* ✔ ✔ Bring Your Own Key* ✔ ✔ Dedicated Virtual Private Cloud (VPC) ✔ Additional Storage 500 GB Monthly Data Snapshot ✔ Monthly Data Refresh ✔ SOC 2 Report ✔ ✔ ✔ ✔ Standardized Information Gathering (SIG) ✔ ✔ ✔ Annual Customer Audit ✔ Site Data Audit Requests ✔ Annual Security Questionnaire ✔ Data Loss Prevention* ✔ *defined at xxxx.xxxxxx.xxx
2. RESPONSE MEASUREMENTS - Appian will use commercially reasonable efforts to respond to Issues within the response times listed below. A Priority 1 or 2 Issue shall be deemed reported, and Xxxxxx’s res...
Personal Injury; Property Damage. Each party (the "Indemnifying Party") shall hold harmless and defend the other party (the "Indemnified Party") from any claim of personal injury or property damage arising from any act or omission of the Indemnifying Party. The obligations of the Indemnifying Party under this Indemnification provision are conditional upon: (a) the Indemnified Party providing prompt written notice to the Indemnifying Party of any claim referred to above and any related action, suit, or other proceeding; (b) the Indemnified Party's permitting the Indemnifying Party to defend or settle such claim, action, suit, or proceeding (provided the Indemnified Party must approve in its sole discretion any settlement terms that obligate the Indemnified Party); and (c) the Indemnified Party provided the Indemnifying Party (at the Indemnifying Party's expense) all reasonable assistance in defending or settling the claim, action, suit, or proceeding. Upon request by Unisys, Seller shall furnish evidence of insurance coverage for such injury and damage.
Personal Injury; Property Damage. Subject to section 12(c) below, IMPAC agrees to defend, indemnify and hold Elekta and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability, costs and expenses (including without limitation reasonable attorneys’ fees) arising under any third-party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the Products or their manufacture or design (except to the extent that such defects are caused by modifications to the Products not performed or authorized by IMPAC). Subject to section 12(c) below, Elekta agrees to defend, indemnify and hold IMPAC and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability costs and expenses (including without limitation reasonable attorneys’ fees) in connection with any third party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the equipment and/or other products with which Elekta sublicenses or otherwise distributes the Products.
Personal Injury; Property Damage. Subject to subsection 17.3 below, IMPAC agrees to defend, indemnify and hold Siemens and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability, costs and expenses (including without limitation reasonable attorneys' fees) arising under any third party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the Products or their manufacture or design (except to the extent that the defects are caused by modifications to the Products not performed or authorized by IMPAC). Subject to subsection 17.3 below, Siemens agrees to defend, indemnify and hold IMPAC and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability costs and expenses (including without limitation reasonable attorneys' fees) in connection with any third party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the equipment and/or other products with which Siemens sublicenses or otherwise distributes the Products.
Personal Injury; Property Damage. Any claim for personal injury or property damage to a Person which is based on any event which occurred at any portion of the Real Property or in connection with the Business prior to the Closing Date;
Personal Injury; Property Damage. Each party shall indemnify, hold -------------------------------- harmless and defend the other party from and against any and all suits, actions, damages, costs, losses or expenses (including reasonable attorneys' fees) relating to or arising out of bodily injury or death of any person or damage to real and/or tangible property to the extent proximately caused by the negligent or willful acts or omissions of the indemnifying party, its personnel or agents in connection with the performance of activities relating to this Agreement.
Personal Injury; Property Damage. Landlord shall not be liable for any injuries or damages to the person or property sustained by Tenant or Tenant(s’) family, servants, guests, or any other persons upon the premises, or for any damages to personal property belonging to such person, done on, occasioned by or from any plumbing, mechanical, refrigeration, water, or other pipes, or electrical stove or electrical fixtures or appliance, or from the leaking of any tank, commode, or waste line, in, above, upon, or about said building or premises, nor for damages or injuries through the roof, or otherwise for any damages or injuries occasioned by water, snow or ice, being upon or coming through the roof, or otherwise for any damage to any person or property arising from the act of negligence of co-tenants or any other persons from any cause whatsoever, or on account of any loss of any property by theft, it being expressly understood and a greed between the parties that Landlord does not warrant the condition of the leased premises in any respect, makes no representation as to the same and are not to be liable for any damages or injuries to any person whomsoever, or to any property whatsoever, occurring in or about said property, or in or about said building and Tenant hereby agree and bind themselves, their heirs and representatives to hold Landlord harmless from any and all such injuries, and from any and all claims, damages or litigation arising from any claims whatsoever, on, in, or about said premises. TRAMPOLINES AND SWIMMING POOLS DEEPER THAN 36” ARE PROHIBITED. LANDLORD DOES NOT FURNISH INSURANCE FOR TENANT BUT STRONGLY RECOMMENDS THAT TENANT SECURE ADEQUATE RENTER’S INSURANCE AT THEIR OWN EXPENSE.
