RISK AND INDEMNITIES Sample Clauses

RISK AND INDEMNITIES. 7.1 The Lead Commissioner will manage the risk in accordance with current contractual arrangements, including any financial overspend or underspend. 7.2 The Host and other Partners shall be required to inform the Steering Group of any likely risks in relation to the Pooled Fund. Partners shall also be required to develop a recovery plan for resolving risks and bringing the plan back into balance. 7.3 Each Partner (the "Indemnifying Partner") shall indemnify and keep indemnified the other Partner (the "Indemnified Partner") against all actions, proceedings, costs, claims, demands, liabilities, losses and expenses whatsoever, whether arising in tort (including negligence), default or breach of this Agreement, to the extent that any loss or claim is due to the breach of contract, negligence, wilful default or fraud of itself, the Indemnifying Partner's employees, or any of its Representatives or sub-contractors, except to the extent that the loss or claim is directly caused by or directly arises from the negligence, breach of this Agreement, or applicable Law by the Indemnified Partner or its Representatives.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
RISK AND INDEMNITIES. 12.1 We require the Renter to indemnify us for any loss or damage, direct or indirect, incurred if the Rented Items are moved from the Premises by the Renter for any reason whatsoever. 12.2 If the Renter moves the Rented Items from the Premises and the Rented Items are damaged while in transit, we may, in our sole discretion, agree to repair any damage to the Rented Items. Any repair works completed under this clause 13 will be at the Renter’s expense. The Renter must notify us of the damage to the Rented Goods and we will arrange the repair within thirty (30) days of receiving the notice. 12.3 Subject to clauses 12.7 - 12.9 below, the Renter assumes all risks and liability in relation to the Rented Items and the use and storage of the Rented Items (including liability for injury to any person or damage to any property, whether direct or consequential). 12.4 The Renter must include the Rented Items on their Household Contents Insurance Policy. If the Renter does not have a Household Contents Insurance Policy or the Policy lapses the Renter indemnifies us against any loss. 12.5 The Renter indemnifies us against all losses, liabilities and reasonable enforcement expenses incurred by us as a result of: (a) Loss of or damage to the Rented Items by any cause (including lawful confiscation but excluding normal wear and tear); (b) Anything done by or with the Rented Items; or (c) The occurrence of any Default Event. 12.6 The Renter must pay to us on demand any amount payable under this indemnity. 12.7 If a natural disaster impacts the Rented Items and the Rented Items are either lost or destroyed, the following shall apply: (a) to the extent the Renter can safely do so, the Renter must remove the Rented Items before the natural disaster and ensure that the Rented Items are protected from harm; (b) If the Rented Items are destroyed or damaged beyond repair, the Renter must contact us to request relief and: (i) provide us with notice of the natural disaster; (ii) provide us with proof of the natural disaster which can be by way of photographs (phone images will suffice), or media coverage; and (iii) provide photographic evidence of the Premises which was adversely impacted by the natural disaster. (c) We will consider each application for relief on its merits in light of the individual circumstances of the Renter and the request for relief. 12.8 Subject to the Renter meeting its obligations as set out in clause 12.7(b), where we are satisfied that the Rented Items ...
Sample 1Sample 2Sample 3
RISK AND INDEMNITIES. The Customer assumes all risks and liability in relation to the Cabin (including liability for injury to any person or damage to any property, whether direct or consequential). The Customer indemnifies the Lessor against all losses, costs, liabilities and expenses incurred by the Lessor as a result of:‌ loss of, or damage to or destruction of the Cabin by any cause (including lawful confiscation); anything done by or with the Cabin;‌ a breach of this Agreement by the Customer; or the occurrence of an Event of Default referred to in clause 0. The Customer must pay to the Lessor on demand any amount payable under the indemnity in clause 0. The Customer must report any theft of the Cabin during the course of a burglary or robbery to the police and to the Lessor within seven (7) days of the offence occurring, and such loss must be substantiated by providing a copy of the relevant police report to the Lessor.
Sample 1
RISK AND INDEMNITIES. 4.1 The renter assumes all risks and liability in relation to the equipment (including liability for injury to any person or damage to any property, whether direct or consequential). 4.2 The renter acknowledges that the reading obtained through the correct use of the equipment is considered accurate at the time of testing. Neither the manufacturer, distributor, owner nor licensee of the equipment, accepts liability or responsibility in respect thereof. Readings obtained through use of the equipment cannot be used as evidence in a court or tribunal.
Sample 1
RISK AND INDEMNITIES. 4.1 On and from the Acceptance Date, the Renter assumes all risks and liability in relation to the Equipment (including liability for injury to any person or damage to any property, whether direct or consequential). 4.2 The Renter acknowledges that the reading obtained through the correct use of the Equipment is considered accurate at the time of testing. Neither the manufacturer, distributor, Owner nor licensee of the Equipment, accepts liability or responsibility in respect thereof. Readings obtained through use of the Equipment cannot be used as evidence in a court or tribunal.
Sample 1
RISK AND INDEMNITIES. ‌ 18.1 The Hirer agrees to use, operate and possess the Equipment at the Hirer's risk and bears the entire risk of loss and damage to the Equipment from any cause whilst the Equipment is on hire or being recovered from hire except a cause which arises from an act or omission of the Owner. If the Equipment is lost or damaged whilst at the Hirer’s risk, the Hirer agrees to pay the Owner: (a) any costs incurred by the Owner to recover and repair or replace the Equipment; and (b) the Rent for the period of time it takes for the Equipment to be repaired or replaced. 18.2 The Hirer releases the Owner to the full extent permitted by law from all claims in respect of any loss or damage arising directly or indirectly from a breakdown of, or defect in, the Equipment or any accident to or involving the Equipment where the claims do not arise from an act or omission of the Owner. 18.3 The Hirer indemnifies the Owner and its agents and employees from and against all duties, taxes, damages, penalties, claims, actions, losses, liabilities, legal costs or other expenses (including legal fees reasonably incurred), whether in respect of property or persons, or otherwise: (a) which may arise in respect of the hire of the Equipment to the Hirer, or the possession, condition, use or operation of the Equipment by the Hirer or any other person, except where arising from something the Owner does or fails to do or from things beyond the reasonable control of the Hirer, (b) arising from any breach by the Hirer of this document; or (c) incurred by the Owner resulting from any seizure, distress, execution, extinguishment, confiscation, vesting or forfeiture of the Equipment whilst on hire to the Hirer. 18.4 The indemnities contained in this clause will continue in full force notwithstanding the expiry or termination of this agreement. 18.5 If a hire is a standard form small business contract under the Australian Consumer Law, the indemnities must not be applied to the extent that they are unfair under that law.
Sample 1
RISK AND INDEMNITIES. As prescribed in 1228.306–70(a) and (d), insert the following clause: The Contractor hereby agrees to indemnify and hold harmless the Government, its offi- cers and employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including all costs and expenses incident thereto) which may be suf- fered by, accrue against, be charged to or re-
Sample 1
AutoNDA by SimpleDocs

Related to RISK AND INDEMNITIES

  • Liability and Indemnities Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. The Host Practice shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Session. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: its breach of this MOU; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or in the case of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

  • Insurance and Indemnities 15.1 The Service Provider shall maintain the following insurance for the duration of the contract: 15.2 The Service Provider shall hold and maintain the Required Insurances for a minimum of six (6) years following the expiration or earlier termination of the agreement.

  • Tax Gross Up and Indemnities Definitions In this Agreement:

  • Liabilities and Indemnities The Sponsor shall indemnify the Participating Site and its Agents, against any reasonable claims, proceedings and related costs, expenses, losses, damages and demands to the extent they arise or result from the negligent acts or omissions of, or the wilful misconduct of the Sponsor, and/or contracted third party, in its performance of this Agreement or in connection with the Non-Interventional Study. The CRO shall indemnify the Participating Site and its Agents, against any reasonable claims, proceedings and related costs, expenses, losses, damages and demands to the extent they arise or result from the negligent acts or omissions of, or the wilful misconduct of the CRO, and/or contracted third party, in its performance of this Agreement or in connection with the Non-Interventional Study. The Sponsor and the CRO shall maintain all proper insurance arrangements to cover liabilities arising from their conduct in the Non-Interventional Study, in respect of any claims brought by or on behalf of a Non-Interventional Study Subject. The Sponsor and the CRO shall provide the Participating Site such evidence of their insurance maintained pursuant to clauses 5.1 and 5.2 as the Participating Site shall from time to time reasonably request. In no circumstances shall any Party be liable to another Party in contract, tort or delict (if the Participating Organisation is constituted in Scotland) (including negligence or breach of statutory duty) or otherwise howsoever arising or whatever the cause thereof, for any loss of profit, business, reputation, contracts, revenues or anticipated savings or for any special, indirect or consequential damage of any nature, which arises directly or indirectly from any default on the part of any other Party. Subject to Clauses 5.6 and 5.7 the Participating Organisation’s liability to the Sponsor and CRO arising out of or in connection with any breach of this Agreement or any act or omission of the Participating Organisation in connection with the performance of the Non-Interventional Study shall in no event exceed the amount of fees payable by the Sponsor or CRO to the Participating Organisation under this Agreement. [DELETE IF NOT APPLICABLE] In the case of equipment loaned to the Participating Organisation for the purposes of the Non-Interventional Study, the Participating Organisation’s liability for loss or damage to this equipment arising from its negligence shall exclude fair wear and tear and shall not exceed the value of the equipment. In respect of any wilful and/or deliberate breach by the Participating Organisation, or any breach of Clauses 6, 8, 10 or 11 the Participating Organisation’s liability to the Sponsor and CRO arising out of or in connection with the breach shall not exceed two times the value of the Agreement. Nothing in this Clause 5 shall operate so as to restrict or exclude the liability of any Party in relation to death or personal injury caused by the negligence or wilful misconduct of that Party or its Agents or employees, or to restrict or exclude any other liability of any Party that cannot be so restricted or excluded in law. Nothing in this Agreement will operate to limit or exclude any liability for fraud.

  • Expenses and Indemnities 13 8.1 Expenses..................................................... 13 8.2

  • WARRANTIES AND INDEMNITIES It is agreed that: 4.1 All title over the Shares shall be transferred from the Transferor to the Transferee in consideration of the Transfer Price set out in clause 2. 4.2 The Transferor warrants that it is the legal and beneficial owner of the Shares and is entitled to all rights attached to the Shares according to the currently effective constitutional documents of the Company. 4.3 The Transferor warrants that the Shares are free from and clear of all liens or any other third-party rights. 4.4 Each Party hereby represents that it has all necessary powers and approvals to enter into this Agreement and is participating in the transactions contemplated hereunder in compliance with applicable laws in all material respects. 4.5 Each Party hereby declares that it is not aware of any matter within their control which might have any material adverse effect upon the performance of their obligations under this Agreement. 4.6 The rights, benefits, liabilities and responsibilities contained within the terms of this Agreement can be assigned by any Party with the prior written agreement of the other Party. 4.7 Any delay or failure to enforce the terms of this Agreement and any delay to act on a breach of its term by any Party does not constitute a waiver of those rights. 4.8 Each Party hereby warrants that it will not do any action which might harm, hinder or negatively affect the duties of the other Party set out within this Agreement. 4.9 The Parties hereby irrevocably warrant that they accept the exclusive jurisdiction laws and courts of that jurisdiction set out in clause 8 below. 4.10 The heading titles contained within in this Agreement are included as a drafting reference only and for ease of reference, and are not to be considered as part of this Agreement. 4.11 In the event that any clause (or any part of any clause) shall be deemed to be illegal or invalid by a competent court or other legal authority then this shall have the effect of invalidity and striking out only that clause (or any part of any clause) only and shall not invalidate this Agreement in its entirety. 4.12 Each Party hereby irrevocably indemnifies and agrees to keep indemnified and hold harmless the other Party against any and all losses howsoever caused arising from a breach of its warranties, covenants or other terms of this Agreement.

  • Indemnities Purchaser shall indemnify, protect, save and keep harmless Seller and each of its respective successors, assigns, affiliates, and Seller’s and each of their respective officers, directors, shareholders, agents, employees, members, partners, contractors subcontractors, and suppliers, (collectively, the “Seller Indemnitees”) for, from and against, and on written demand shall pay or reimburse each Seller Indemnitee for the payment of, any and all losses, costs, expenses, fees (including legal fees and disbursements), payments, demands, liabilities, claims, actions, proceedings, penalties, fines, damages and judgments of any kind and nature whatsoever (other than Taxes) (collectively, “Losses”), imposed on, incurred by or asserted against any Seller Indemnitee from and after the Delivery on the Delivery Date to the extent relating to or arising directly or indirectly out of or in any way connected with (i) the breach by Purchaser of any representation or warranty hereunder or (ii) the ownership, possession, maintenance, modification, control, use, operation, sale, leasing or other application or disposition of the Spares, the Aircraft, the AFCS, any Engine or any Part or component thereof or interest therein, whether by Purchaser or any other person or party; provided, however, that such Losses are not attributable to (a) the gross negligence or wilful misconduct of a Seller Indemnitee or (b) the breach by Seller or any Seller Indemnitee of any express warranty, representation or obligation hereunder or under any other Transaction Document. Purchaser’s indemnification obligations under this Agreement, except for those arising from a breach by Seller of any express warranty, representation or obligation hereunder or under any other Transaction Document, shall solely be satisfied by the insurance required to be maintained under Clause 8.2 hereof, to the extent Purchaser has complied with its obligations thereunder. If a claim is made against a Seller Indemnitee for any such Losses, the relevant Seller Indemnitee shall promptly notify Purchaser upon receiving notice of such claim. If requested by Purchaser in writing, such Seller Indemnitee will, at Purchaser’s expense, take such action as Purchaser or the insurer defending such claim may reasonably direct with respect to such claim. Notwithstanding any other provision of this Agreement, the obligations of parties under this Clause 8.1 will survive the Delivery of the Aircraft and the Redelivery of the AFCS and the Spares.

  • Other indemnities The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of: (a) the occurrence of any Event of Default; (b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or (d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.

  • Separate Indemnities To the extent permitted by applicable law, these indemnities constitute separate and independent obligations from the other obligations in this Agreement, will be enforceable as separate and independent causes of action, will apply notwithstanding any indulgence granted by the party to which any payment is owed and will not be affected by judgment being obtained or claim or proof being made for any other sums payable in respect of this Agreement.

  • Limitations of Liability and Indemnification 5.1 No Personal Liability of Shareholders, Trustees, etc......................................11 5.2

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!