Provider Liability. 4.10.1 The provider shall be responsible for any and all personal injury, including death, or property damage as a result of the provider’s actions, or inactions, including but not limited to, misconduct, negligence, or any future negligent act, involving any equipment or service provided under the terms and conditions, requirements and specifications of the agreement.
Provider Liability. The Provider must maintain liability insurance for the entire time the Provider is enrolled as a First Steps Provider. The Provider shall assume responsibility and liability for any damage or loss, of any kind or nature whatsoever to any person or property, caused by or resulting from any error or omission of the Provider, or negligent act of the Provider, arising from the performance of the services as contained in this Agreement. The Provider shall defend, indemnify, and hold harmless DESE or its agent from and against any and all claims, loss, damage, charge or expense to which they or any of them may be subjected by reason of any such loss or damage. The Provider expressly agrees to defend against any claims brought or actions filed against DESE or its agent where such claims or actions involve, in whole or in part, the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. The Provider shall certify that the Provider is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or Agency. The Provider shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri, pursuant to subsection 1 of section 285.530, RSMo available at: xxxx://xxx.xxxx.xx.xxx/statutes/c200-299/2850000530.htm.
Provider Liability. If the Provider is any type of partnership, corporation or nonprofit entity, the Provider agrees that the entity and the partners, directors, officers, members, or individuals with an ownership interest of 5% or greater, are jointly and severally liable for any breach of this Provider Agreement, and that action by the Department against the Provider may result in action against all such individuals in the entity.
Provider Liability. The liability of Provider and its obligations to Google resulting from any breach by Provider of any of the provisions of this Agreement or any claim arising from this Agreement will be determined under the Federal Tort Claims Act or other applicable Act of Congress.
Provider Liability. Except as set forth below, all costs (including materials, labor, shipping and inventory replacement costs) arising from an Epidemic Failure or a Product Recall will be mutually agreed upon by both parties.
Provider Liability. PROVIDER’S LIABILITY WILL BE UNLIMITED WITH RESPECT TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INDEMNIFICATION OBLIGATION ARISING UNDER THE PURCHASE ORDER. NO LIMITATION OF LIABILITY WILL APPLY TO LIMIT PROVIDER’S LIABILITY TO LESS THAN THE TOTAL AMOUNT PAID OR PAYABLE UNDER THE PURCHASE ORDER OR ONE MILLION DOLLARS ($1,000,000), WHICHEVER IS GREATER.
Provider Liability. It is intended that the total liability of the Provider for all breaches of the regulations, rules, the 2003 Agreement and this agreement (with the exception of liability arising from any wilful breach or fraud on the part of the Provider) occurring in any financial year will be limited as set out in the regulations. To the extent that the Provider incurs any liability in excess of such limit in any financial year the liability of the Provider under this agreement will be reduced accordingly (and the Commission will refund any payments already made by the Provider to the Commission in respect of liability under this agreement to the extent required to give effect to this).
Provider Liability. A xxxxx using the services of a third party provider in the commu- nication processing of Messages shall be responsible under this Agreement for any acts, failures, or omissions of that provider in the provision of said services. Any party instructing any other party to use a specified third xxxxx provider shall responsible for any acts. failures, or omissions of the provider.
Provider Liability. Many companies using ED1 also obtain the services of a third party (often as a value-added network) to assist in required communication or related functions (for example, maintaining electronic mailbox to which Messages be sent or off-site storage of records relating to Messages).
Provider Liability. The Provider will not be liable for patient care rendered, training, accidents, injuries, exposures or any liability involving First Responder’s personnel, equipment, supplies, or vehicles.
