Risk of Liability. (a) LVRE agrees to defend, indemnify and hold harmless XREE, including their respective officers, agents , employees, and subsidiaries and other third parties to the extent XREE is obligated to indemnify or hold harmless such third parties, irrespective of negligence or fault of LVRE .or such third parties, for all damage or liability for personal injury or death to any person, or damage to any property (including property of LVRE and loss of use or revenue) which would not have been incurred but for the existence of Service; provided, however, that LVRE shall have no responsibility to indemnify XREE for XREE's liability under the Employers' Liability Act (FELA) for injury or death to LVRE employees engaged directly in the operation of Service. The risk of injury or death and of FELA claims by such XREE employees is assumed by LVRE and LVRE agrees to defend, indemnify and hold harmless XREE against any FELA claims with respect to injury or death of such employees to the extent such claims are not covered by LVRE's railroad liability insurance coverage. Compensation for such risk is included in the amounts and rates agreed upon by the Parties in this Agreement.
(b) Where claims are made against XREE and LVRE arising out of the same incident, the Parties shall cooperate fully and shall make all of the investigative and claims information available to each other. Any claim for indemnification by XREE or LVRE shall not be made a part of any litigation brought by a third party arising out of any claim against XREE and/or LVRE. If a dispute arises concerning the scope of XREE's or LVRE's indemnity obligations pursuant to this Section 6, such dispute shall be resolved separately pursuant to Section 11 of this Agreement.
(c) LVRE agrees to defend, indemnify and hold harmless XREE including their respective officers, agents, employees, and subsidiaries and other third parties to the extent XREE is obligated to indemnify or hold harmless such third parties, irrespective of negligence or fault of LVRE ,any third parties, from and against any action, suit or other proceeding based upon a claim that the Service infringes any patent, copyright , royalty, trademark or service xxxx or other third party proprietary right, or involves the wrongful use of any trade secret or confidential information.
(d) Neither Party shall be liable to the other Party, whether by way of indemnity or restitution or in contract or in tort (including negligence). for any indirect or consequent...
Risk of Liability. The Parties acknowledge that they have not yet addressed liability provisions to be included in the operating agreement, but acceptable liability provisions must be included in the operating agreement in order for Amtrak to provide Amtrak Services.
Risk of Liability. Use of the Mobile Stage shall be at the risk of the Renter from the Mobile Stage leaves City property until the return of the Mobile Stage to City property. The Renter assumes the risk of liability and shall pay for any loss or damage arising from or pertaining to the possession or operation or use of the Mobile Stage from any cause whatsoever and, without limiting the generality of the foregoing, liability or loss arising from fire, theft, loss, or destruction, of the Mobile Stage or any part thereof.
Risk of Liability. Notwithstanding anything to the contrary in this Agreement, no Party shall be required to act or refrain from acting if to do so would render that Party or any of its Affiliates subject to demonstrable risk of liability for civil or criminal penalties under the laws of any jurisdiction applicable to such Person.
Risk of Liability. As a self-employed person the Website Project Manager assumes all risk and liability for personal injury or damage to personal property in carrying out the terms of this Agreement and for which adequate levels of insurance coverage shall be obtained by the Website Project Manager.
Risk of Liability. The Contractor assumes all risk and liability for personal injury or damage to personal property caused by the Contractor’s mishap, negligence or willful misconduct in carrying out the terms of this Contract and for which adequate levels of insurance coverage shall be obtained by the Contractor.
Risk of Liability. The Commissions shall protect, defend, indemnify and save harmless Railroad from any loss, cost or expense incurred by Railroad (including, but not limited to, lost incentives, penalties, detour and rerouting expenses), and all liability for death, personal injury or property damage, (including, but not limited to, the property and employees of Railroad, which is attributable in any way to, or which is exacerbated by, the operation of the Service over the CSXT-Dispatched Tracks and the Commonwealth-Dispatched Tracks, or to the presence of cars, equipment, personnel, contractors, agents or passengers of the Commissions or an Operator on or about the Commuter Corridor. The Commissions shall indemnify and save Railroad harmless under this Article Nine whether or not such death, injury or damage is caused, in whole or in part, by the negligence, regardless of its character or degree, of Railroad, and whether the damages are compensatory, punitive or exemplary, provided, that the liability of the Commissions under this Article Nine shall not exceed Three Hundred and Twenty Two Million, Eight Hundred and Sixty Four Thousand and Two Hundred and Twenty Eight Dollars ($322,864,228.00) (or such greater sum as may be required by the provisions of Section 9.2 hereof) in any one calendar year.
Risk of Liability. Section 12.01 - Indemnification........................................37 ARTICLE XIII AMENDMENT, MODIFICATION AND WAIVER Section 13.01 - General Rule...........................................37 Pen/DP&L 3/1/93 TABLE OF CONTENTS Page ARTICLE XIV MISCELLANEOUS Section 14.01 - Waiver and Remedies....................................38 Section 14.02 - Construction of Term...................................38 Section 14.03 - Confidentiality........................................38 Section 14.04 - Representations and Warranties.........................39 Section 14.05 - Assignment.............................................39 Section 14.06 - Counterparts...........................................39 Section 14.07 - Captions and Exhibits..................................40 Section 14.08 - Equal Opportunity and Employment Clause................40 Section 14.09 - Whole Agreement/Severability; Effect of Agreement....................................40 EXHIBIT A DESIGNATED RESERVES - OWNERSHIP LEASEHOLD EXHIBIT B PRICE ADJUSTMENT MECHANISM EXHIBIT C PRICE ADJUSTMENT EXAMPLE EXHIBIT D COAL QUALITY SELECTION TABLES Pen/DP&L 3/1/93 COAL SUPPLY AGREEMENT BETWEEN PEN COAL CORPORATION AND THE DAYTON POWER AND LIGHT COMPANY THIS AGREEMENT, is made and entered into as of the 1st day of July 1992 (Effective Date), by and between PEN COAL CORPORATION, a coal producing corporation existing under the laws of the State of Tennessee, with its principal mailing address at 5110 Xxxxxxxx Xxx, Xxxx Xxxxxx Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, (xereinafter called "Pen"), and THE DAYTON POWER AND LIGHT COMPANY, a corporation existing under the laws of the State of Ohio with its principal mailing address at P. O. Box 8825, Dayton, Ohio (hereinafter called "DP&L").
Risk of Liability. Each party to this Agreement shall bear its own risk of loss for , liability and no party agrees to insure, defend or indemnify any other party.
Risk of Liability
