PROTECTION OF COUNTY PROPERTY. CONSULTANT assumes the risk of and shall defend, indemnify and hold the COUNTY harmless from any loss or damage to COUNTY property, including property and equipment leased by the COUNTY, used in the performance of this Agreement and caused, either directly or indirectly, by the acts, conduct, omissions or lack of good faith of CONSULTANT, its officers, partners, employees, agents, contractors, assignees or other representatives. In the event that any COUNTY property is lost or damaged, except for normal wear and tear, then the COUNTY shall have the right to withhold further payments for the purposes of set-off in sufficient sums to cover such loss or damage. These rights and remedies of the COUNTY shall not be exclusive and are in addition to any other rights and remedies provided by law or by this Agreement.
PROTECTION OF COUNTY PROPERTY. VENDOR assumes the risk of and shall be responsible for, any loss or damage to COUNTY property, including property and equipment leased by the COUNTY, used in the performance of this Agreement and caused, either directly or indirectly by the acts, conduct, omissions or lack of good faith of VENDOR, its officers, directors, members, partners, employees, representatives or assignees, or any person, firm, company, agent or others engaged by VENDOR as an expert consultant specialist or subcontractor hereunder. In the event that any such COUNTY property is lost or damaged, except for normal wear and tear, then the COUNTY shall have the right to withhold further payments hereunder for the purposes of set-off in sufficient sums to cover such loss or damage. VENDOR agrees to defend, indemnify and hold the COUNTY harmless from any and all liability or claim for loss, cost, damage or expense (including, without limitation, reasonable attorney fees and costs of litigation and/or settlement) due to any such loss or damage to any such COUNTY property described in this Article 15. The rights and remedies of the COUNTY provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or by this Agreement.
PROTECTION OF COUNTY PROPERTY. Except as provided in the following sentence, the Consultant assumes the risk of and shall be responsible for any loss or damage to the Ulster County’s property and equipment, whether owned, leased, or otherwise possessed by the County, used in the performance of this Agreement. The XXXXX is obligated to provide Consultant with access to various third party platforms as described in Schedule A.4. of this Agreement in connection with the performance of the Services and Consultant shall not be responsible for loss, damage or delay in performance caused by the failure of such third party platforms or the inability of the XXXXX for any reason or no reason to provide such access. Any such loss or damage for which Consultant has assumed the risk and is responsible for hereunder as described above, which is caused, either directly or indirectly, by the acts, conduct, omissions, or lack of good faith of the Consultant, its officers, directors, members, partners, employees, representatives, or assignees, or any person, firm, company, agent, or others engaged by the Consultant as an expert, consultant, specialist, or subcontractor hereunder, will be the responsibility of the Consultant. In the event that any such County property is lost or damaged as described above, except for normal wear and tear and force majeure, then the XXXXX will have the right to withhold further payments hereunder for the purposes of set-off in sufficient sums to cover such loss or damage. The Consultant agrees to defend, indemnify, and hold the XXXXX harmless from any and all liability or claim for loss, cost, damage, or expense (including without limitation, reasonable attorney fees and costs of litigation and/or settlement) due to any such loss or damage to any such County property described in this Article 20. The rights and remedies of the XXXXX provided herein will not be exclusive and are in addition to any other rights and remedies provided by law, in equity, or pursuant to this Agreement.
PROTECTION OF COUNTY PROPERTY. The Firm assumes the risk of and shall be responsible for any loss or damage to the Ulster County’s property and equipment, whether owned, leased or otherwise possessed by the County, used in the performance of this Agreement. Any such loss or damage caused, either directly or indirectly, by the acts, conduct, omissions or lack of good faith of the Firm, its officers, directors, members, partners, employees, representatives, or assignees, or any person, firm, company, agent or others engaged by the Firm as an expert, consultant, specialist or subcontractor hereunder, will be the responsibility of the Firm. In the event that any such County property is lost or damaged, except for normal wear and tear, then the XXXXX will have the right to withhold further payments hereunder for the purposes of set-off in sufficient sums to cover such loss or damage. The Firm agrees to defend, indemnify and hold the XXXXX harmless from any and all liability or claim for loss, cost, damage or expenses (including without limitation, reasonable attorney fees and costs of litigation and/or settlement) due to any such loss or damage to any such County property described in this Article 20. The rights and remedies of XXXXX provided herein will not be exclusive and are in addition to any other rights and remedies provided by law, in equity, or pursuant to this Agreement.
PROTECTION OF COUNTY PROPERTY. Security And Ownership. County retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to all County Property and County Confidential Information. No rights are granted to Developer or any of Design Professionals or Developer Representatives in County Property and County Confidential Information.
