Common use of Awardee's Liability Clause in Contracts

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 against third parties for any such loss, destruction or damage and, upon the request of the NSF Grants and Agreements Officer, shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article shall not be construed as relieving a subcontractor from liability for loss or destruction of or damage to Government Property in its possession or control, except to the extent that the subcontract, with the prior approval of the NSF Grants and Agreements Officer, may provide for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shall contain appropriate provisions requiring the return of all Government Property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subcontractor has not been relieved from liability for any loss or destruction of or damage to Government Property, the awardee shall enforce the liability of the subcontractor for such loss or destruction of or damage to the Government Property for the benefit of the Government.

Awardee's Liability. 1. Except as otherwise specifically provided, the awardee 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 awardeeAwardee'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 awardeeAwardee's business, or (2) all or substantially all of the awardeeAwardee'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 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 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 awardeeAwardee, 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 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 Awardee shall do nothing to prejudice the Government's right to recover against third parties for any such loss, destruction or damage and, upon the request of the NSF Grants and Agreements Officer, shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article shall not be construed as relieving a subcontractor from liability for loss or destruction of or damage to Government Property in its possession or control, except to the extent that the subcontract, with the prior approval of the NSF Grants and Agreements Officer, may provide for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shall contain appropriate provisions requiring the return of all Government Property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subcontractor has not been relieved from liability for any loss or destruction of or damage to Government Property, the awardee Awardee shall enforce the liability of the subcontractor for such loss or destruction of or damage to the Government Property for the benefit of the Government.

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 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 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 NSF-owned Property. 3. In the event of loss or destruction of or damage to Government NSF-owned 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 NSF-owned 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 NSF-owned property. (b) The time and origin of the loss, destruction, or damage. (c) All known interests in commingled property of which the Government 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 Government NSF-owned 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 NSF-owned Property, it shall use the proceeds to repair, renovate or replace the Government NSF-owned 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 against third parties for any such loss, destruction or damage and, upon the request of the NSF Grants and Agreements Officer, shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article shall not be construed as relieving a subcontractor from liability for loss or destruction of or damage to Government NSF-owned Property in its possession or control, except to the extent that the subcontract, with the prior approval of the NSF Grants and Agreements Officer, may provide for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shall contain appropriate provisions requiring the return of all Government NSF- owned Property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subcontractor has not been relieved from liability for any loss or destruction of or damage to Government NSF-owned Property, the awardee shall enforce the liability of the subcontractor for such loss or destruction of or damage to the Government NSF- owned Property for the benefit of the Government.

Awardee's Liability. 1. Except as otherwise specifically provided, the awardee 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 awardeeAwardee'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 awardeeAwardee's business, or (2) all or substantially all of the awardeeAwardee'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 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 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 propertyProperty. (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 awardeeAwardee, 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 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 Awardee shall do nothing to prejudice the Government's right to recover against third parties for any such loss, destruction or damage and, upon the request of the NSF Grants and Agreements Officer, shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article shall not be construed as relieving a subcontractor from liability for loss or destruction of or damage to Government Property in its possession or control, except to the extent that the subcontract, with the prior approval of the NSF Grants and Agreements Officer, may provide for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shall contain appropriate provisions requiring the return of all Government Property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subcontractor has not been relieved from liability for any loss or destruction of or damage to Government Property, the awardee Awardee shall enforce the liability of the subcontractor for such loss or destruction of or damage to the Government Property for the benefit of the Government.