Xxxxxx Liability. The Lessee takes possession of the leased pre- mises subject to the hazards of operating a farm, and assumes all risk of accidents personally as well as for family, employees, or agents in pursu- ance of farming operations, or in performing repairs on buildings, fences, tile, and other improvements.
Xxxxxx Liability. In the event that Tritel consists of two (2) or more separate entities as set forth in this Agreement and/or any Amendments hereto, all such entities shall be jointly and severally liable for the obligations of Tritel under this Agreement.
Xxxxxx Liability. To the full extent permitted by applicable law and subject to Section 6.c., Xxxxxx, at its own expense, will defend and indemnify you from and against all claims, suits and proceedings (“Claims”) (i) alleging that the SmartRec Platform, and your use of the SmartRec Platform in accordance with this Agreement, infringes the Intellectual Property Rights or other rights of a third party; (ii) arising out of Amilia’s breach of Section 4 (Confidential Information); (iii) arising out of Xxxxxx’s breach of Section 1.g. (Xxxxxx Representations and Warranties); or (iv) arising out of the negligence or wilful misconduct by its employees or agents. If a Claim is brought or threatened against you alleging infringement of the Intellectual Property Rights of a third party, Xxxxxx will, at its sole option and expense, use commercially reasonable efforts either (a) to procure a license (or other rights) that will protect you against such Claim without cost to you; (b) to modify or replace all or portions of the SmartRec Platform as needed to avoid infringement, such update or replacement having substantially similar or better capabilities; or (c) if (a) and (b) are not commercially feasible, terminate the Agreement. The rights and remedies granted to you in this section state Xxxxxx’s entire liability, and are your exclusive remedy, with respect to any claim of infringement of the Intellectual Property Rights of a third party. [This Section will not apply to the extent that the alleged infringement arises from: (A) use of the SmartRec Solution in combination with data, software, hardware, equipment, or technology not provided by Xxxxxx or authorized by Xxxxxx in writing;
Xxxxxx Liability. FOR CULPABLE DAMAGE TO LIFE, BODY OR HEALTH AS WELL AS OUR LIABILITY UNDER THE PRODUCT LIABILITY ACT SHALL REMAIN UNAFFECTED. 11.3. ANY LIABILITY NOT EXPRESSLY PROVIDED FOR ABOVE SHALL BE DISCLAIMED.
Xxxxxx Liability. SP Coal in accordance with Section 1.1 of the Agreement hereby expressly agrees to be responsible for and contribute to capital. The funds to pay 100% of the Xxxxxx Liability as defined in the Agreement. VAICO is hereby relieved of the VAICO Contribution Obligation with respect to the Xxxxxx Liability.
Xxxxxx Liability. The Lessor shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $750,000 per claim and $1,500,000 per occurrence to cover such claims as may be caused by any act, omission, or negligence of the Lessor and its officers, employees, or agents in accordance with § 2-9-108, MCA.
Xxxxxx Liability. In the event that XxxXxx consists of two (2) or more separate entities as set forth in this Agreement and/or any Amendments hereto, or any third party places orders under this Agreement using XxxXxx’x company codes or identifiers, all such entities shall be jointly and severally liable for the obligations of SanTel under this Agreement.
Xxxxxx Liability shall always be assessed in the light of the best efforts obligation to which XXXXX has committed. The liability of BORRO is in any case limited to the mandatory liability imposed by law.
Xxxxxx Liability. This Deed shall: (a) be a continuing indemnity and shall not be discharged by any intermediate settlement of any amount owing hereunder to S & Y and shall remain in effect until any amount owing hereunder is discharged in full; (b) remain in force notwithstanding any amendment at any time to the provisions of the Stock Purchase Agreement.
Xxxxxx Liability. In the event that Xxx.Xxx consists of two (2) or more separate entities as set forth in this Agreement and/or any Amendments hereto, all such entities shall be jointly and severally liable for the obligations of Xxx.Xxx under this Agreement.
