INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 shall survive termination of this Agreement.
16.2. In all cases, Custodian’s liability under this Agreement shall be limited to the resulting direct loss, if any, incurred by Principal. Under no circumstances shall Custodian be liable for any incidental, consequential, indirect, punitive, or special damage which Principal may incur or suffer in connection with this Agreement.
INDEMNITIES AND LIMITATION OF LIABILITY. 15. Termination 16. Assignment
INDEMNITIES AND LIMITATION OF LIABILITY. 18.1. In addition to the indemnification provisions contained in this Amended and Restated Agreement, Principal agrees to indemnify, defend, and hold harmless Custodian and its affiliates providing services under this Amended and Restated Agreement, including their respective officers, directors, agents, and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees, and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal, Manager, Authorized Agents Valuation Agent, and other , authorized agents. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misconduct, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Amended and Restated Agreement. The provisions of this Paragraph 18 shall survive termination of this Amended and Restated Agreement.
18.2. In all cases, Custodian’s liability under this Amended and Restated Agreement shall be limited to the resulting direct loss, if any, incurred by Principal. Under no circumstances shall Custodian be liable for any incidental, consequential, indirect, punitive, or special damage which Principal may incur or suffer in connection with this Amended and Restated Agreement.
INDEMNITIES AND LIMITATION OF LIABILITY. Neither CASC nor its officers, directors, employees, agents, independent contractors or representatives shall be responsible for any injury, loss, or damage that may occur to Sponsor or Exhibitor or to Sponsor or Exhibitor's agents, employees, affiliated personnel, officers, directors, shareholders, contractors or representatives or any of their property, businesses, or other activities from any cause whatsoever, prior to, during, or after the Event. By signing the Agreement, Sponsor or Exhibitor assumes all such risk and expressly releases, and agrees to indemnify, defend and hold harmless, CASC and its officers, directors, employees, agents, independent contractors and representatives from any and all claims for such loss, injury, or damages. Furthermore, Sponsor or Exhibitor releases and discharges CASC and its officers, directors, employees, agents, independent contractors and representatives from any and all liabilities arising out of, or in any way related to, the selection, rejection, or removal of Sponsor or Exhibitor to or from the Event and enforcement of the Agreement. Sponsor or Exhibitor also hereby agrees to indemnify, defend and hold harmless CASC and its officers, directors , employees, agents, independent contractors and representatives, from and against any and all losses, damages, suits, claims, causes of action, liabilities, expenses, costs including, without limitation, attorneys' fees, costs of court and costs of other professionals incurred , arising out of, and/or resulting from Sponsor or Exhibitor's infringement of the intellectual property rights of any third party, or any of its agents, employees, affiliated personnel, officers, directors, shareholders, contractors or representatives, in distributing, selling, or offering to distribute or sell any product or service, in allowing any person to test any product or service, or in offering sample use of any product or service, whether occurring prior to, during or after the Event. Exhibitors are liable for any damage caused to building floors, walls, columns or tables or to any other exhibitor’s property. Exhibitors may not apply paint, lacquer, adhesive or any other coating to any part of the facility. Walls, doors, ceilings and mirrors must be free of any materials at all times; no posting will be allowed on any surfaces.
INDEMNITIES AND LIMITATION OF LIABILITY. 16.1 SELLER AND BUYER MUTUALLY COVENANT TO PROTECT, DEFEND, INDEMNIFY AND HOLD EACH OTHER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, LOSSES, EXPENSES (INCLUDING WITHOUT LIMITATION, COSTS OF DEFENSE, ATTORNEY’S FEES AND INTEREST), DAMAGES, FINES, PENALTIES, CAUSES OF ACTION AND LIABILITIES OF EVERY TYPE AND CHARACTER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH TO ANY PERSON INCLUDING EMPLOYEES OF EITHER PARTY OR LOSS OR DAMAGE TO ANY PERSONAL OR REAL PROPERTY, CAUSED BY, ARISING OUT OF OR RESULTING FROM THE ACTS OR OMISSIONS OF NEGLIGENCE OR WILLFUL ACTS OF SUCH INDEMNIFYING PARTY, ITS OFFICERS, EMPLOYEES OR AGENTS WITH RESPECT TO THE PURCHASE AND SALE OF PRODUCT HEREUNDER. IN THE EVENT THE PARTIES ARE JOINTLY AND/OR CONCURRENTLY NEGLIGENT, EACH PARTY SHALL INDEMNIFY THE OTHER PARTY TO THE EXTENT OF ITS NEGLIGENT ACTS OR OMISSIONS OR WILLFUL ACTS.
16.2 IF PRODUCT IS DELIVERED ODORIZED, NOTWITHSTANDING ANYTHING IN THESE GENERAL TERMS AND CONDITIONS IS CONTRACT TO THE CONTRARY, UPON RECEIPT FROM SELLER OF DOCUMENTATION OF THE REQUIRED ODORIZATION, BUYER’S INDEMNIFICATION OBLIGATION UNDER THESE GENERAL TERMS AND CONDITIONS SHALL INCLUDE, AMONG ANY OTHER CLAIMS, THOSE COMPRISING OR ASSERTING LACK OF OR INADEQUATE WARNING MATERIALS, IMPROPER AMOUNTS, USE OR TYPE OF ODORANT, “ODORANT FADING,” LACK OF WARNING ON SUPPLEMENTAL WARNING SYSTEMS (SUCH AS GAS DETECTORS) AND IMPROPER TRAINING OR MONITORING OF BUYER’S WARNING OR TRAINING PROGRAMS RESPECTING ODORIZATION. IF BUYER DESIRES ANY PRODUCT DELIVERED HEREUNDER TO BE UNODORIZED, BUYER MUST FURNISH AN UNSTENCHED PRODUCT REQUEST TO SELLER ON A FORM ACCEPTABLE TO SELLER’S LEGAL DEPARTMENT.
16.3 EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY PROSPECTIVE OR LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.
INDEMNITIES AND LIMITATION OF LIABILITY. Under no circumstances shall either Party be liable for any indirect, consequential or like damages which may arise pursuant to this Agreement, at any time whatsoever, due to any cause whatsoever and/or for any reason whatsoever. The CONTRACTOR accepts, and shall have, no responsibility, liability and/or accountability for the acts and/or neglects of any Suppliers and/or PRASA and/or PRASA employees. Any claim, of any nature whatsoever, which PRASA may have at any time whatsoever and against whomsoever, must be lodged by PRASA in writing with the CONTRACTOR within 30 (thirty) days after the CONTRACTOR had made the relevant reservation/booking for and/or on behalf of PRASA. Any and all claims which PRASA may have against the CONTRACTOR shall lapse and prescribe no later than 3 (three) moths after PRASA became aware of such claim, provided PRASA has not formally instituted such claim against the CONTRACTOR within the said 3 (three) month period. The CONTRACTOR’s liability, accountability and/or responsibility for any loss, cost, claim, demand, liability and/or damage suffered by PRASA, if any, is limited to R10,000.00 (ten thousand Rand) per incident. CESSION OR DELEGATION AND SUBCONTRACTING Neither Party shall cede or delegate any of its rights or obligations under this Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other Party. Should the CONTRACTOR apply to cede or assign the whole portion of the Agreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. The CONTRACTOR may sub-contract any of its obligations in terms of this Agreement to a third party, provided that: such sub-contracting shall not absolve the CONTRACTOR from the responsibility of complying with its obligations in terms of this Agreement and the CONTRACTOR hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; such sub-contracting shall not have the effect of diluting or circumventing the provisions of the CONTRACTOR Bid submission and this Agreement; the CONTRACTOR shall at all times remain the sole point of contact for PRASA in respect of the Services performe...
INDEMNITIES AND LIMITATION OF LIABILITY. Under no circumstances shall either Party be liable for any indirect, consequential or like damages which may arise pursuant to this Agreement, at any time whatsoever, due to any cause whatsoever and/or for any reason whatsoever. The Consultant accepts, and shall have, no responsibility, liability and/or accountability for the acts and/or neglects of any Suppliers and/or PRASA and/or PRASA employees. Any claim, of any nature whatsoever, which PRASA may have at any time whatsoever and against whomsoever, must be lodged by PRASA in writing with the Consultant within 30 (thirty) days after the Consultant had made the relevant reservation/booking for and/or on behalf of PRASA. Any and all claims which PRASA may have against the Consultant shall lapse and prescribe no later than 3 (three) moths after PRASA became aware of such claim, provided PRASA has not formally instituted such claim against the Consultant within the said 3 (three) month period. The Consultant’s liability, accountability and/or responsibility for any loss, cost, claim, demand, liability and/or damage suffered by PRASA, if any, is limited to R10,000.00 (ten thousand Rand) per incident. CESSION OR DELEGATION AND SUBCONTRACTING Neither Party shall cede or delegate any of its rights or obligations under this Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other Party. Should the Consultant apply to cede or assign the whole portion of the Agreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. The Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that: such sub-contracting shall not absolve the Consultant from the responsibility of complying with its obligations in terms of this Agreement and the Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; such sub-contracting shall not have the effect of diluting or circumventing the provisions of the Consultant Bid submission and this Agreement; the Consultant shall at all times remain the sole point of contact for PRASA in respect of the Services performe...
INDEMNITIES AND LIMITATION OF LIABILITY. 11.1 Definitions In this Clause 11:
a. Affiliate” means a 100% subsidiary or a company having 100% control, in relation to any Party. For this purpose “control” means the ability to control the composition of the Board and to exercise all voting rights attached to shares of such affiliate at any general meeting;
INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 SBUHB shall indemnify CCS in respect of all actions, proceedings, costs, claims, demands, liabilities, losses and expenses howsoever arising whether in tort, default or breach of contract or breach of law arising directly or indirectly out of or in connection with or in any way related to i) the acts or omissions of SBUHB in fulfilling its obligations under this Agreement.
INDEMNITIES AND LIMITATION OF LIABILITY. 13.1 DB Cargo indemnity
