Awardee's Liability Sample Clauses

Awardee's Liability. 1. Except as otherwise specifically provided, the awardee shall not be liable for loss or destruction of or damage to any property purchased or otherwise acquired by it in connection with this Agreement, including Government Property, unless such loss, destruction, or damage results from the willful misconduct or lack of good faith on the part of any of the awardee's directors or officers, or on the part of any of her/his managers, superintendents, or other equivalent representatives, who has supervision or direction of (1) all or substantially all of the awardee's business, or (2) all or substantially all of the awardee's operations at any one plant or separate location in which this Agreement is being performed, or (3) a separate and complete major industrial operation in connection with the performance of this Agreement. 2. Unless specifically authorized by the NSF Grants and Agreements Officer, the awardee will not be reimbursed for the cost of insurance covering loss or destruction of or damage to Government Property. 3. In the event of loss or destruction of or damage to Government Property, arising from any cause, the awardee shall, to the extent reasonable and practical, promptly notify the NSF Grants and Agreements Officer and the NSF Property Administrator and take all reasonable steps to protect the property from further damage, separate the damaged and undamaged Government Property, put all the property in the best possible order, and furnish to the NSF Grants and Agreements Officer a statement identifying: (a) The lost, destroyed, and damaged Government property. (b) The time and origin of the loss, destruction, or damage. (c) All known interests in commingled property of which the Government Property is a part. (d) The insurance, if any, covering any part of or interest in such commingled property. 4. The awardee, to the extent reasonable and practical, may make repairs and renovations of damaged Government Property, except that major repairs and renovations shall be made only with the approval of the NSF Grants and Agreements Officer. 5. In the event the awardee is indemnified, reimbursed, or otherwise compensated for any loss or destruction or damage to Government Property, it shall use the proceeds to repair, renovate or replace the Government Property involved, or shall otherwise reimburse the Government, as directed by the NSF Grants and Agreements Officer. The awardee shall do nothing to prejudice the Government's right to recover again...
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Awardee's Liability. 1. Except as otherwise specifically provided, the awardee shall not be liable for loss or destruction of or damage to any property purchased or otherwise acquired by it in connection with this Agreement, including NSF-owned property, unless such loss, destruction, or damage results from the willful misconduct or lack of good faith on the part of any of the awardee's directors or officers, or on the part of any of her/his managers, superintendents, or other equivalent representatives, who has supervision or direction of (1) all or substantially all of the awardee's business, or (2) all or substantially all of the awardee's operations at any one plant or separate location in which this Agreement is being performed, or (3) a separate and complete major industrial operation in connection with the performance of this Agreement. 2. Unless specifically authorized by the cognizant NSF Grants and Agreements Officer, the awardee will not be reimbursed for the cost of insurance covering loss or destruction of or damage to NSF-owned property. 3. In the event of loss or destruction of or damage to NSF-owned property, arising from any cause, the awardee shall, to the extent reasonable and practical, promptly notify the cognizant NSF Grants and Agreements Officer and the NSF Property Administrator and take all reasonable steps to protect the property from further damage, separate the damaged and undamaged NSF-owned property, put all the property in the best possible order, and furnish to the cognizant NSF Grants and Agreements Officer a statement identifying: (a) The lost, destroyed, and damaged NSF-owned property. (b) The time and origin of the loss, destruction, or damage. (c) All known interests in commingled property of which the NSF-owned property is a part. (d) The insurance, if any, covering any part of or interest in such commingled property. 4. The awardee, to the extent reasonable and practical, may make repairs and renovations of damaged NSF-owned property, except that major repairs and renovations shall be made only with the approval of the cognizant NSF Grants and Agreements Officer. 5. In the event the awardee is indemnified, reimbursed, or otherwise compensated for any loss or destruction or damage to NSF-owned property, it shall use the proceeds to repair, renovate or replace the NSF-owned property involved, or shall otherwise reimburse the Government, as directed by the cognizant NSF Grants and Agreements Officer. The awardee shall do nothing to prejudic...
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Awardee's Liability i. Except as otherwise specifically provided, the Awardee shall not be liable for loss or destruction of or damage to the DECam, unless such loss, destruction, or damage results from the negligence, willful misconduct, or lack of good faith on the part of any of the Awardee's directors or officers, or on the part of any of her/his managers, superintendents, or other equivalent representatives, who has supervision or direction of (1) all or substantially all of the Awardee's business, or (2) all or substantially all of the Awardee's operations at any one facility or separate location in which this agreement is being performed. ii. Unless specifically authorized by the NSF Grants and Agreements Officer, the Awardee shall not be reimbursed for the cost of insurance covering loss or destruction of or damage to the DECam. iii. In the event of loss or destruction of or damage to the DECam, arising from any cause, the Awardee shall, to the extent reasonable and practical, promptly notify the NSF Grants and Agreements Officer and the cognizant DOE Contracting Officer, for the DOE M&O contractor managing the DOE portion of the DECam program. iv. The Awardee, to the extent reasonable and practical, may make emergency repairs to the DECam to prevent further harm or damage to the DECam or supporting structure, but shall promptly notify the NSF Grants and Agreements Officer and the cognizant DOE Contracting Officer, for the DOE.
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Related to Awardee's Liability

  • Trustee's Liability a) The Trustee will exercise the care, diligence and skill of a reasonably prudent person to minimize the possibility of a non-qualified investment being acquired or held by the Plan. b) Notwithstanding any other provisions hereof, the Trustee will not be liable in its personal capacity for or in respect of: (i) Any taxes or interest which may be imposed on the Plan under Tax Laws (whether by way of assessment, reassessment or otherwise) or for any charge levied or imposed by any governmental authority upon or in respect of the Plan, as a result of the purchase, sale or retention of any investment including, without limiting the generality of the forgoing, non-qualified investments, other than taxes, penalties and interest imposed on the Trustee arising from its personal liability, including without limitation, arising from its administrative error, under Tax Laws and that can't be paid out of the property of the Plan; or (ii) Any loss suffered or incurred by you, the Plan, or any beneficiary under the Plan caused by or resulting from the Trustee acting or declining to act upon instruction given to it, whether by you, a person designated by you or any person purporting to be you, unless caused by the Trustee’s dishonesty, bad faith, willful misconduct, gross negligence or reckless disregard. c) You, your legal personal representative, and each beneficiary under the Plan will at all times, indemnify and save harmless the Trustee in respect of any taxes, penalties, interest or other governmental charges which may be levied or imposed on the Trustee in respect of the Plan or any losses incurred by the Plan (other than losses, taxes, penalties, interest or other government charges for which the Trustee is liable in accordance herewith and that can't be paid out of the property of the Plan) as a result of the acquisition, retention or transfer of any investment or as a result of payments out of the Plan made in accordance with these terms and conditions or as result of the Trustee acting or declining to act on any instruction given to it by you. You, where required or requested, will provide the Trustee with such information as it may require in order to value assets being acquired or held by the Plan. The provisions of this section 18 shall survive the termination of the Plan.

  • Employer’s Liability It is expressly agreed and understood that the Employer does not accept, nor is the Employer to be charged hereby with, any responsibility in any manner connected with the determination of liability to any employee claiming under any of the benefits extended by the Health and Welfare Fund. The Employer's liability shall be limited to the contributions indicated under Section 2 above.

  • Company's Liability The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.

  • ' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement:

  • Consultant's Liability In the absence of gross negligence or willful misconduct on the part of the Consultant or the Consultant's breach of any terms of this Agreement, the Consultant shall not be liable to the Company or to any officer, director, employee, stockholder or creditor of the Company, for any act or omission in the course of or in connection with the rendering or providing of services hereunder. Except in those cases where the gross negligence or willful misconduct of the Consultant or the breach by the Consultant of any terms of this Agreement is alleged and proven, the Company agrees to defend, indemnify, and hold the Consultant harmless from and against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in the defense of the Consultant) which may in any way result from services rendered by the Consultant pursuant to or in any connection with this Agreement. This indemnification expressly excludes any and all damages as a result of any actions or statements, on behalf of the Company, made by the Consultant without the prior approval or authorization of the Company.