Common use of Contract Liability Clause in Contracts

Contract Liability. (a) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried our pursuant to the obligation of Provider under this Agreement shall be the responsibility of the Provider, and not the responsibility of the CMHSP, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of Provider, its employees, officers or agent. Nothing herein shall be construed as a waiver of any governmental immunity. (b) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the CMHSP under this Agreement shall be the responsibility of the CMHSP and not the responsibility of the Provider if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of the CMHSP, its employee, or officers. Nothing herein shall be construed as a waiver of any governmental immunity. (c) Each party shall notify the other in writing in the event a claim or other legal action may result in naming the other or that may result in a judgment that would limit the Provider’s ability to continue rendering Services. Such notification requirement includes actions filed in court, administrative tribunals or other venues.