WARRANTIES, LIABILITY AND INSURANCE Sample Clauses

WARRANTIES, LIABILITY AND INSURANCE. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each Party’s total liability to the other Party for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming Party. Neither Party shall under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this Agreement or your use of the Services. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agent...
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WARRANTIES, LIABILITY AND INSURANCE. 4.1 Fastcom does not warrant that any Service will be continuously available, and does not give any warranty, express or implied, as to the fitness for purpose or otherwise of any Service. 4.2 Nothing expressed or implied in this Agreement will confer any liability on either party (referred to in this clause as the “First Party”) in respect of any: i) indirect, consequential or special loss, damage, cost or expense suffered or incurred by the other party as a direct or indirect result of a breach by the First Party of any of its obligations under this Agreement. ii) provided that this clause does not apply in respect of either party’s liability for fraud, willful misconduct, gross negligence or for a breach of clause 6.1. 4.3 Fastcom will not be liable to the Customer for any loss or corruption of data, or inadvertent disclosure of information, arising from the use by the Customer of the Services. 4.4 Fastcom undertakes to the Customer that for so long as it is contractually obliged to supply the Services specified in Appendix A and subsequent Service Agreements, it will: i) maintain insurance cover which includes the following risks: professional liability, including liability for processing errors and omissions; and public liability, in each case, for amounts not less than NZD 2 million, ii) duly and promptly pay or procure the payment of all monies necessary to maintain such insurance or procure that the same are paid; and 4.5 Fastcom shall upon request by the Customer, furnish to the Customer evidence to the satisfaction of the Customer that Fastcom continues to comply with clause 4.4.
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WARRANTIES, LIABILITY AND INSURANCE. 8.01 Subject as herein provided the Company warrants to the Distributor that: (a) all of the Product supplied hereunder will be of merchantable quality and will comply with any specification agreed for them; (b) the Trade Marks of which registration particulars are given in Schedule C are registered in the name of the Company and that it has disclosed to the Distributor all trade marks and trade names used by the Company in relation to the Product at the date of this Agreement; and (c) it is not aware of any rights of any third party in the Territory which would or might render the sale of the Product, or the use of any of the Trade Marks on or in relation to the Product, unlawful. 8.02 In the event of any breach of the Company's warranty in Section 8.01(a) (whether by reason of defective materials, production faults or otherwise) the Company's liability shall be limited to: (a) replacement of the Product in question; or (b) at the Company's option, repayment of the price (where this has been paid). 8.03 Notwithstanding anything to the contrary in this Agreement, the Company shall not, except in respect of death or personal injury caused by the negligence of the Company, be liable to the Distributor by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this Agreement, for any consequential loss or damage (whether for loss of profit or otherwise and whether occasioned by the negligence of the Company or its employees or agents or otherwise) arising out of or in conjunction with any act or omission of the Company relating to the manufacture or supply of the Product, their resale by the Distributor or their use by any customer. 8.04 Except for a fraudulent act by an employee, officer or director of either party related to this Agreement, the parties to this Agreement agree that any claim or dispute arising out of or related to this Agreement shall not subject the Company's nor the Distributor's individual employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Company and the Distributor agree that as their sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Company or the Distributor and not against any of its employees, officers or directors. 8.05 Within 30 days of the execution of this Agreement t...
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WARRANTIES, LIABILITY AND INSURANCE. 7.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Works, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. 7.2 The Company has no liability whatsoever arising out of the Contract for the provision of the Works, including claims for direct, consequential loss, expense or damage and whether arising under any warranty, statement, condition or express or implied term except in respect of negligence on the part of the Company or any of its agents or employees. 7.3 The Company will not be liable in any circumstances for any amount in excess of the Price except in respect of negligence on the part of the Company or of any of its agents or employees. 7.4 The Client shall have no liability to the Company for any loss of or damage to any of the Company’s property or the property of the Company’s personnel or sickness injury or death of the Company’s personnel or of any cost claims demands actions and damages arising out of the performance of the Works except to the extent that such loss damage sickness injury death cost claims demands actions and damage is due to the negligence of the Client his servants or agents. 7.5 The Client shall take out and maintain a joint names policy for Contractor’s All Risks Insurance for the full reinstatement value of the Works and shall maintain such policy until practical completion of the Works. 7.6 Where the Works includes design to be carried out by the Company, the Company shall maintain a professional indemnity insurance policy of £5 million pounds until the expiry date of six years from the date of practical completion.
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WARRANTIES, LIABILITY AND INSURANCE. 3.1 The Supplier warrants that: (a) the Goods or Services will conform with the quality, description and other particulars of the Goods or Services stated in the Purchase Order; (b) the Goods or Services will conform to all samples, drawings, descriptions and specifications provided to the Company by the Supplier; (c) the Goods or Services will conform with all standards referred to on any part of the Goods or Services and in any product packaging and/or documentation in, with or in relation to which the Goods or Services is supplied; (d) the Goods or Services will be of satisfactory quality and fit for any intended uses expressly or impliedly made known to the Supplier, and will be free from all defects in materials, workmanship and installation for a period of 12 months from the date of delivery; (e) the Goods or Services will comply with all performance and other specifications stated in the Purchase Order, and all applicable legislation for the time being in force; (f) the Supplier will, provide to the Company high quality user manuals and training and other documentation for the Goods without further charge in such form and quantities as the Company may reasonably stipulate at any time before seven (7) days after delivery. 3.2 The Company's rights under the Contract are in addition to the statutory terms implied in favour of the Company by the Sale of Goods Act (Cap 31 of the Laws of Kenya) and any other statute. 3.3 The provisions in this condition 3 shall survive any delivery, inspection, acceptance, payment or performance pursuant to the Contract and shall extend to any replacement, repaired, substitute or remedial Goods or Services provided by the Supplier. 3.4 The Supplier warrants that its operations and business strategies are in line with the principles set out in Holcim’s Code of Business Conduct for Suppliers, a copy of which can be found at xxxxx://xxx.xxxxxxx.xx.xx/supplier-partnership and shall ensure that all of its employees comply and undertake to keep complying, in all respects, with these principles. 3.5 The Supplier shall provide the Services: (a) Using reasonable skill, care and diligence using suitably skilled, experienced and qualified staff. (b) using the best workmanship and materials; (c) in compliance with the Purchase Order and any applicable specifications; (d) to meet the Company’s requirements in all respects. 3.6 The Supplier warrants that all Goods and Services will comply with or be performed in accordance with all app...
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WARRANTIES, LIABILITY AND INSURANCE. 6.1 Petroleum Agency warrants and represents that it controls the ownership rights of the Data and has full authority and power to grant to Company the right to use the Data as set out in Clause 3. 6.2 Petroleum Agency warrants and represents that in creating and/or acquiring the Data and control of the ownership rights therein, Petroleum Agency has not infringed the Intellectual Property Rights of any third party. 6.3 Although every care has been taken to ensure quality of the Data, Petroleum Agency does not accept responsibility for the integrity, accuracy or quality of the Data. Petroleum Agency will not be held liable for any decisions or actions of the Company based on the Data supplied by the Petroleum Agency. 6.4 Petroleum Agency will promptly replace defective or damaged Data and deliverables delivered to Company at no additional cost to Company. 6.5 Neither Party is liable for any action initiated by one against the other for any of the following classes of damages resulting from nor arising out of this Agreement, however, these losses may be calculated: (a) Indirect or consequential loss, including: (i) loss of production, including production of petroleum or petroleum products; (ii) loss of prospective economic advantage or benefit; or (iii) loss of business opportunity. (b) Punitive damages (c) Lost profits
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WARRANTIES, LIABILITY AND INSURANCE 
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Related to WARRANTIES, LIABILITY AND INSURANCE

  • LIABILITY AND INSURANCE Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.

  • LIABILITY, INDEMNITY AND INSURANCE 13.1 The Training Provider is solely responsible for carrying out its obligations under this Contract and the Department is in no way liable for the actions of the Training Provider or the Training Provider Personnel. 13.2 The Training Provider releases the Department from all liabilities and Claims directly or indirectly incurred or suffered by the Training Provider or the Training Provider Personnel arising from or in connection with the Department's exercise (or purported exercise in good faith) of its rights, powers and functions under this Contract, including termination of this Contract under Clause 17. 13.3 To the maximum extent permitted by Xxx, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (on behalf of whom the Department has agreed this Clause 13.3) from and against all Loss which it or they may incur or suffer and all Claims which may be brought or made against it or them by any third party arising out of or in connection with: a) the provision of, or failure to provide, Training Services by or on behalf of the Training Provider; b) any act or omission of the Training Provider, its officers, employees, agents or subcontractors in connection with this Contract, the Funds or the provision of the Training Services; c) any breach by the Training Provider of any obligation under this Contract (including breach of any warranty given under this Contract, and whether or not the breach is a Material Breach) or at Law; d) any negligent, fraudulent, reckless, wilfully wrongful, unlawful or other wrongful act or omission of the Training Provider or any Training Provider Personnel as a result of the provision of the Training Services or otherwise in connection with this Contract; e) the loss of, or damage to, any property (including property of the Department) or data as a result of the provision of the Training Services or otherwise in connection with this Contract; f) the death of, disease or injury to any person as a result of the provision of the Training Services or otherwise in connection with this Contract; g) any infringement, or alleged infringement, of any Intellectual Property Rights by the Training Provider or any Training Provider Personnel that occurs directly or indirectly as a result of the provision of the Training Services or otherwise in connection with this Contract; or h) the Training Provider suspending or otherwise ceasing to deliver the Training Services for any Skills First Student before their completion or withdrawal from a program, including as a result of the Training Provider having a liquidator appointed to it. Loss incurred by the Department in this instance includes Loss incurred as a result of the Department taking steps to assist Skills First Students to transfer to another registered training organisation to continue the training they commenced under this Contract, and may include funding the delivery of that training by that other registered training organisation. 13.4 The Training Provider's liability to indemnify the Department under Clause 13.3 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission of the Department has directly caused the relevant Loss or Claim. 13.5 The Department will not have any liability to the Training Provider for any indirect, special or consequential Loss arising out of breach of this Contract. 13.6 The Training Provider must, at its own expense: a) take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability (of not less than $20 million per event), professional liability and indemnity, and property insurances; b) maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes, and not do any thing to jeopardise indemnity under an insurance policy. 13.7 The Training Provider must: a) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover, and any other evidence of insurances maintained; and b) immediately notify the Department via the SVTS if any insurance is cancelled, any insurance details change or an insurer refuses to indemnify it.

  • Warranties and Indemnity 5.1 Subject to Clause 5.10, [**] warrant to the Buyer in the terms set out in Part 1 of Schedule 3 and Part 2 of Schedule 4 and not withstanding any other provision of this Agreement, any reference in any Warranty to a Seller shall be to the Sellers. 5.2 The Sellers are aware and acknowledge that the Buyer has entered into this Agreement in reliance on the Warranties which have induced it to enter into this Agreement. 5.3 The Warranties are given subject only to the matters fairly disclosed in the Disclosure Letter. The rights and remedies of the Buyer in respect of any breach of the Warranties shall not be affected by Completion. 5.4 Each of the Warranties set out in each paragraph of Part 1 of Schedule 3 are separate and independent and unless otherwise expressly provided shall not be limited by reference to any other Warranty or anything in this Agreement. 5.5 If there is a breach of a Warranty and: 5.5.1 the value of an asset of the Company or the Subsidiary Undertaking is or becomes less than the value would have been had the breach not occurred; or 5.5.2 the Company and/or the Subsidiary Undertaking is/are subject to or incur(s) a liability or an increase in a liability which it would not have been subject to or would not have incurred had the breach not occurred, [**] pay the Buyer on demand (at the Buyer’s option) an amount equal to the relevant Due Proportion of the reduction caused in the value of the Shares. 5.6 [**] indemnify the Buyer against the relevant Due Proportion of all reasonable and proper costs which the Buyer may incur whether before or after the start of an action in connection with: 5.6.1 the settlement of a claim against the Sellers in respect of a breach or an alleged breach of a Warranty or the enforcement of a settlement; and 5.6.2 legal proceedings against the Sellers in respect of a breach or an alleged breach of a Warranty in which judgment is given for the Buyer or the enforcement of the judgment. 5.7 [**] the Buyer against the relevant Due Proportion of all reasonable and proper costs which the Buyer may incur in relation to any and all losses suffered by the Company following Completion as a result of any variation or error in the figures set out in Schedule 8. 5.8 If in respect of or in connection with any breach of any of the Warranties or any indemnity claim under this Clause 5 any sum payable to the Buyer by the Sellers by way of compensation is subject to Taxation, then such further amount shall be paid to the Buyer by the Sellers so as to secure that the net amount received by the Buyer is the same as it would have been were the payment not subject to Taxation. 5.9 Each of the Sellers waives and may not enforce any rights which he/she may have in respect of a misrepresentation, inaccuracy or omission in or from information or advice supplied or given by the Company and/or the Subsidiary Undertaking or any present or former officer or employee of the Company and/or the Subsidiary Undertaking for the purpose of assisting them in relation to any term of this Agreement, the making of a representation, the giving of a warranty or the preparation of the Disclosure Letter. 5.10 Part 2 of Schedule 3 (Limitations on Sellers' liability) shall apply to limit or exclude, in accordance with its terms, any liability of the Sellers in respect of a Warranty Claim, provided that no provision of that schedule shall apply to limit or exclude any such liability arising out of any fraudulent act or omission by or on behalf of the Sellers. 5.11 Any amount paid by or on behalf of the Sellers in respect of a breach of the Warranties and/or under a Warranty Claim made under Part 1 of Schedule 3 shall be deemed to reduce the Consideration and be a repayment of the Consideration to the extent of that amount.

  • Indemnity and Insurance 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

  • 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.

  • Liability and Indemnity a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and employees from and against any and all liability, suits, damages, costs (including attorney fees), losses, outlays and expenses from claims in any manner caused by, or allegedly caused by, or arising out of, or connected with, this contract, or the work or any subcontract thereunder (the Contractor hereby assuming full responsibility for relations with subcontractors), including, but not limited to, claims for personal injuries, death, property damage, or for damages from the award of this contract to Contractor, notwithstanding any possible negligence, whether sole or concurrent, on the part of the City, its officials, agents and employees. c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due any employees in rendering services pursuant to this agreement or any subcontract, including payment of reasonable attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, the Missouri Prevailing Wage Law or any other federal or state law. d. The indemnification obligations of Contractor hereunder shall not be limited by any limitations as to the amount or type of damages, compensation or benefits payable by or for the Contractor, under any federal or state law, to any person asserting the claim against City, its elected or appointed officials, agents and employees, for which indemnification is sought. e. The indemnification obligations herein shall not negate, abridge or reduce in any way any additional indemnification rights of the City, its elected or appointed officials, agents and employees, which are otherwise available under statute, or in law or equity. f. Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this agreement in its contract price. Contractor’s obligation under this agreement to defend, indemnify, and hold harmless any person from that person’s own negligence or wrongdoing is limited to the coverage and limits of the applicable insurance required of the Contractor under this agreement. g. The Contractor shall indemnify and hold the City harmless for any penalties, fines, fees or costs, including costs of defense, which are charged or assessed by any Federal, state or local agency including, but not limited to, Environmental Protection Agency or Department of Natural Resources.

  • 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.

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