Liability for Damages. 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages.
2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.
Liability for Damages. The Council of Europe shall not be held liable for any damage caused or sustained by the Grantee, its employees, contractors or sub-contractors, including any damage caused to third parties as a consequence of or during the implementation of the Action.
Liability for Damages. Except as provided for in Section 13.3.14 of the CAISO Tariff and subject to Section 22.4, no Party to this Agreement shall be liable to any other Party for any losses, damages, claims, liability, costs, or expenses (including legal expenses) arising from the performance or non-performance of its obligations under this Agreement except to the extent that its grossly negligent performance of this Agreement (including intentional breach) results directly in physical damage to property owned, operated by, or under the operational control of any of the other Parties or in the death or injury of any person.
Liability for Damages. Each Party shall waive the other Party against any civil liability for damages suffered by its organization or staff during the performance of this Agreement,, unless such damages are caused by negligence or wilful misconduct of the other Party or its staff. The National Agency and the European Commission or their staff shall not bear under this Agreement and under any circumstances or for any reason any liability in respect of the implementation of the mobility. Subsequently, the National Agency or the Commission will not deal with any request for indemnity or compensation for damages.
Liability for Damages. The contracting party cannot be held liable for any damage caused or sustained by the expert or a third party during or as a consequence of performing the Contract, except in the event of the contracting party’s wilful misconduct or gross negligence.
Liability for Damages. 1. Organization is not liable for any material, non-material or physical damage suffered by expert in the course of his journey to/from or stay in the place where the meeting is held. In particular, expert is entirely liable for any damages that he might cause.
Liability for Damages. 1. Organization is not liable for any material, non-material or physical damage suffered by delegate in the course of his/her journey to/from or stay in the place where the meeting is held. In particular, delegate is entirely liable for any damages that he/she might cause.
Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its s...
Liability for Damages. Nothing in this Section shall preclude the Borrower or any Lender from asserting against any LC Issuing Bank any claim for direct (but not consequential) damages suffered by the Borrower or such Lender to the extent, but only to the extent, caused by (A) the willful misconduct or gross negligence of such LC Issuing Bank in determining whether a request presented under any Letter of Credit issued by it complied with the terms thereof or (B) such LC Issuing Bank's failure to pay under any such Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions thereof.
Liability for Damages. Notwithstanding any language to the contrary, the State shall not be responsible for any damages caused by the public or its employees except as provided in the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., as amended.
