Risk of Loss and Liability. Except to the extent caused by the gross negligence or willful misconduct of Supplier, Client shall accept all responsibility for all losses, costs, expenses, damages, injuries, actions, claims, or theft to the Vehicle. Furthermore, Supplier shall not be liable for use of the Vehicle in violation of any federal, state, local or provincial law, rule, regulation or ordinance or outside of a controlled environment.
Risk of Loss and Liability. Contractor assumes and shall be solely and exclusively responsible and liable for any and all loss, costs, expenses, damages, destruction, or injury including, without limitation, bodily injury or death of any person or persons and damage or destruction of any property or properties, in connection with Contractor’s performance of its obligations under this Agreement including, without limitation, any of the foregoing with respect to any equipment or materials used by Contractor, suppliers or subcontractors in connection with this Agreement.
Risk of Loss and Liability. The Artist is solely liable for, and shall indemnify, defend and hold JUMP, LLC harmless against any and all costs and damage incurred by JUMP and any and all damage to persons or property, in either case caused by or resulting from any negligent act or omission or any reckless or intentional misconduct on the part of the Artist or Artist’s employees, representative, or agents arising out of the Exhibition or Artist’s use of the premises. JUMP will not be responsible or otherwise financially liable for any accident, theft, vandalism or damage to the artwork from any cause.
Risk of Loss and Liability a. The risk of loss of data during transmission between the parties rests with the USER.
b. In the event that any instruction given by the USER to STRATCOL cannot be fully or timely executed due to circumstances beyond XXXXXXXX’ s control, STRATCOL will attempt to deliver the service as soon as possible thereafter but will not incur any liability to the USER.
c. In any other case where STRATCOL may incur any liability, such liability is limited to direct damages and to the amount of the preceding month's monthly administration fee or one thousand rand, whichever is greater.
d. The burden is on the USER to check all reports and data transmissions from STRATCOL for receipt and accuracy.
e. The USER indemnifies STRATCOL against any claim from a third party arising out of the processing of any instruction received from the USER.
f. In any litigation in which STRATCOL is successful against the USER, the USER shall be liable for costs on a scale as between attorney and client.
Risk of Loss and Liability. 9.1 The Contractor is solely liable for, and shall indemnify, defend and hold JUMP and its affiliates and their officers, directors, employees, agents, successors, and assigns harmless against any and all costs and damage incurred by JUMP and any and all damage to persons or property, in either case caused by or resulting from any negligent act or omission or any reckless or intentional misconduct on the part of the Contractor or Contractor’s employees, representative, or agents arising out of the Services or Contrac- tor’s use of the premises. JUMP will not be responsible or otherwise financially liable for any accident, theft, vandalism or damage to the Contractor’s belongings from any cause. JUMP may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.
9.2 JUMP will not be responsible for any injury, loss, or damage that may occur to the Contractor or Con- tractor’s employee’s, representatives, agents, or their property and Contractor shall indemnify and defend JUMP against any action or claim made against JUMP. JUMP does not maintain insurance cov- ering the Contractor, Contractor’s employees or agents, or property. Contractor is solely responsible to obtain any insurance necessary for covering such losses.
Risk of Loss and Liability. A. Seller shall assume all risk of loss accruing to the Partnership Interest to be transferred hereunder until Closing. In the event any of the Facilities shall be damaged by fire or other casualty prior to Closing, and if Closing occurs, Buyer shall, subject to the next succeeding sentence, close on the purchase of the Partnership Interest without reduction in the Purchase Price and shall be entitled to receive the insurance proceeds payable with respect to such casualty loss. If the total of all damage shall exceed twenty-five percent (25%) of the total purchase price, this Agreement may be canceled at the option of Buyer. In no event shall there be any requirement to repair or rebuild all or any portion of the Facilities.
B. Buyer shall assume all risk, claims, costs, expenses, and liabilities of whatever nature, accruing relative to the Partnership Interest occurring from and after Closing, and agrees to defend, indemnify, and hold Seller harmless from and against such claims, costs, expenses, and liabilities.
Risk of Loss and Liability. After the Vehicle is scheduled to be picked up for delivery pursuant to Section 4.3 of this Agreement, Client shall accept all responsibility for the Vehicle, including but not limited to use of the Vehicle in violation of any federal, state, local or provincial law, rule, regulation or ordinance or outside of a controlled environment.
Risk of Loss and Liability. Tenant assumes all risk of accident, injury, or damages to persons or property of Tenant, Landlord, or third persons which are not proximately caused by Landlord. Xxxxxx agrees to hold
Risk of Loss and Liability. The City shall not be liable or responsible for the costs or for performing any work or services in connection with the Equipment. Except for loss resulting from willful acts of the City, the City shall not be responsible or liable for any loss or damage to the Equipment or materials of ASU, nor for bodily injury or death of ASU’s employees, consultants, contractors, agents, invitees, and representatives. ASU shall be responsible and liable to the City for any damages to the Site(s), and to property located on the Site(s) arising from, or in connection with, the performance of ASU’s rights pursuant to this Access Agreement, whether such damages are caused by ASU, its officers, officials, agents, employees, or authorized volunteers. This Section 10 shall survive termination of this Access Agreement.
Risk of Loss and Liability