Claims and Liability Sample Clauses

Claims and Liability. Any claim for liquidated damages does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.17.

Claims and Liability. Any reduction in price does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.17.

Claims and Liability. Owner and Manager mutually agree for the benefit of each other to look only to the appropriate insurance coverages in effect pursuant to this Agreement in the event any demand, claim, action, damage, loss, liability or expense occurs as a result of injury to person or damage to property regardless whether any such demand, claim, action, damage, loss, liability or expense is caused or contributed to, by or results from the negligence of Owner or Manager or their subsidiaries, affiliates, employees, directors, officers, agents or independent contractors and regardless whether the injury to person or damage to property occurs in and about the Hotel or elsewhere as a result of the performance of this Agreement. Nevertheless, in the event the insurance proceeds are insufficient or there is no insurance coverage to satisfy the demand, claim, action, loss, liability or expense and the same did not arise out of the gross negligence or willful misconduct of Manager, Owner agrees, at its expense, to indemnify and hold Manager and its subsidiaries, affiliates, officers, directors, employees, agents or independent contractors harmless to the extent of the excess liability.

Claims and Liability. ‌ In the event any claim or claims are made by a person or persons against any bargaining unit employee for actions performed within the course and scope of his or her employment as covered by the terms of this Agreement, such claim(s) shall be defended by the Employer. Any liability which is incurred by an employee covered by this Agreement as a result of such claims shall be paid by the Employer. However, the Employer shall have no responsibility to defend employee or pay any liability resulting from such claim if such claim is based upon the acts or omissions of any employee resulting from gross negligence, reckless conduct or intentional misconduct. The Employer shall reimburse an employee for the amount of vehicle insurance deductible paid by that employee or up to $500.00 if the employee does not have comprehensive or collision insurance coverage, as a result of any accident occurring while the employee was using his/her private vehicle on FNSB business. Should the employee or his/her insurance company recover any monies from any third party as payment for damages as a result of such auto accident, the Employer shall be reimbursed its prorata share of such recovery up to the full amount of the deductible paid. Such claim shall not be paid by the Employer if such claims are based upon the acts or omissions of any employee resulting from gross negligence, reckless conduct, or intentional misconduct.

Claims and Liability. Any claim for a breach of any representations, warranties, covenants or undertakings contained in this Agreement shall only be enforceable by PSI Group against Royal Philips in accordance with the provisions of the Stock Purchase Agreement, and the liability and the limitations on such liability in respect of any breach of such representations, warranties, covenants and undertakings shall be determined solely in accordance with the terms of the Stock Purchase Agreement.

Claims and Liability. § 1 Exchange of experience 1. In the event that defective products are supplied (and in particular in the event of damage resulting from the supply of defective products), the Supplier undertakes to cooperate fully and provide the required information without delay. 2. To this end the Supplier must document its experience with the product, if possible quoting any previous defects which have occurred with other customers, and supply this to the Customer on request. 3. The Supplier undertakes that in the event of claims being lodged by the Customer or by a customer of the Customer which could be linked to a defect on the product, it shall support the Customer in clarifying the cause of the defect and in particular shall take all the action required to identify the cause of the defect.

Claims and Liability. 11.1 The provisions of the CGA shall not apply to any supply of Goods or incidental services to the Customer where the Customer acquires or holds itself out as acquiring those Goods and incidental services for the purposes of a business, and the conditions, warranties and guarantees set out in the Sale of Goods ▇▇▇ ▇▇▇▇ or implied by common law will not apply and are excluded from these Terms. 11.2 If there is any defect or irregularity in Goods supplied, the Company's liability to the Customer is limited to either (at the Company’s discretion) repairing or replacing those Goods, however no such remedy will be given unless the Customer has: (a) notified the Company within 7 days of delivery that the Goods are defective; and (b) the Company is given a reasonable opportunity to investigate the Customer’s claim; and (c) the Company will not be liable for Goods which have been tampered with or modified without the Company’s approval or which have not been stored or used in a proper manner; and (d) the company will no be liable to pay the Customer any amount more than the amount (if any) the Company actually receives from the Customer for the defective Goods. 11.3 For the avoidance of doubt, the Company shall have no obligation to provide refunds. 11.4 Subject to clause 11.2, the Company will not be liable in any event for any loss or damages of any kind, whether direct, or special, or indirect or consequential, howsoever arising, whether or not the Company had knowledge that such damages might be incurred, including but not limited to loss of income, profit, interest, opportunity, utility or loss of market, incurred by the Customer or by any third party. 11.5 Nothing in these Terms shall exclude or restrict any rights or remedies the Customer may have under the Fair Trading ▇▇▇ ▇▇▇▇. 11.6 If the Customer is a consumer as defined in the CGA, the provisions of the contract (including these Terms) will only apply to the extent that such provisions do not limit or exclude any provisions of the CGA and will take effect subject to the provisions of the CGA.

Claims and Liability. The Contractor shall indemnify the State and its employees against and hold them harmless from any and all claims, actions, suits, proceedings, costs, expenses, judgments, damages and liabilities, including reasonable attorneys' fees, arising out of or resulting from acts or omissions of the Contractor, its contractors, sub-contractors, agents or employees, relating to the Project or the provision of project services.

Claims and Liability. Owner and Manager mutually agree for the benefit of each other to look only to the appropriate insurance coverages in effect pursuant to this Agreement in the event any demand, claim, action, damage, loss, liability or expense occurs as a result of injury to person or damage to property, regardless of whether any such demand, claim, action, damage, loss, liability or expense is caused or contributed to, by or results from the negligence of Owner or Manager or their subsidiaries, affiliates, employees, directors, officers, agents or independent contractors, and regardless of whether the injury to person or damage to property occurs in and about the Resort or elsewhere as a result of the performance of this Agreement. Nevertheless, in the event the insurance proceeds are insufficient or there is no insurance coverage to satisfy the demand, claim, action, loss, liability or expense, Owner agrees, at its expense, to indemnify and hold Manager and its subsidiaries, affiliates, officers, directors, employees, agents and independent contractors harmless to the extent of the liability or excess liability, as the case may be, unless such liability or excess liability arises by reason of any act or omission of Manager or any of its agents, officers, employees or representatives, which act or omission is grossly negligent, willful misconduct or outside the scope of Manager’s authority as provided herein.