Common use of DAMAGES AND INDEMNIFICATION Clause in Contracts

DAMAGES AND INDEMNIFICATION. 21.1. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Generator. The Customer hereby indemnifies and holds the Municipality harmless against any Claims which may arise from the Contract. 21.2. Neither Party shall be liable to the other Party under this Contract or in delict for any losses or damages incurred directly or indirectly as a result of any action or omission of such Party unless the said action or omission is due to the negligence of the defaulting Party. 21.3. Nothing in this Contract shall exclude or limit the liability of either Party for death or personal injury to the other Party resulting directly from the negligence of the first- mentioned Party or any of its officers, directors, employees, contractors and agents and that Party shall indemnify and keep indemnified the other Party from and against any damages or losses which the other Party may suffer or incur by reason of any Claim on account of death or personal injury to the extent resulting from the negligence of the first- mentioned Party or the negligence of any of its officers, directors, employees, contractors or agents. 21.4. The rights and remedies provided by this Contract to the Parties are exclusive and not cumulative and exclude and are in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by common law or statute in respect of the subject matter of this Contract, including without limitation any rights either Party may possess in delict which shall include without limitation actions brought in negligence and/or nuisance. Accordingly, each of the Parties hereby waives to the fullest extent possible all such rights and remedies provided by common law or statute, and releases the other Party, its officers, directors, employees, contractors and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by common law or statute in respect of the matters dealt with in this Contract and undertakes not to enforce any of the same except as expressly provided herein. For the avoidance of doubt, the rights and remedies provided in this Contract shall not be construed so as to limit the rights and/or remedies that the Customer may have under any other agreement between them.

DAMAGES AND INDEMNIFICATION. 21.1. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Generator. The Customer hereby indemnifies and holds the Municipality harmless against any Claims which may arise from the Contract. 21.2. Neither Party shall be liable to the other Party under this Contract or in delict for any losses or damages incurred directly or indirectly as a result of any action or omission of such Party unless the said action or omission is due to the negligence of the defaulting Party. 21.3. Nothing in this Contract shall exclude or limit the liability of either Party for death or personal injury to the other Party resulting directly from the negligence of the first- mentioned Party or any of its officers, directors, employees, contractors and agents and that Party shall indemnify and keep indemnified the other Party from and against any damages or losses which the other Party may suffer or incur by reason of any Claim on account of death or personal injury to the extent resulting from the negligence of the first- first-mentioned Party or the negligence of any of its officers, directors, employees, contractors or agents. 21.4. The rights and remedies provided by this Contract to the Parties are exclusive and not cumulative and exclude and are in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by common law or statute in respect of the subject matter of this Contract, including without limitation any rights either Party may possess in delict which shall include without limitation actions brought in negligence and/or nuisance. Accordingly, each of the Parties hereby waives to the fullest extent possible all such rights and remedies provided by common law or statute, and releases the other Party, its officers, directors, employees, contractors and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by common law or statute in respect of the matters dealt with in this Contract and undertakes not to enforce any of the same except as expressly provided herein. For the avoidance of doubt, the rights and remedies provided in this Contract shall not be construed so as to limit the rights and/or remedies that the Customer may have under any other agreement between them.

DAMAGES AND INDEMNIFICATION. 21.1. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality Utility shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Distributed Generator. The Customer hereby indemnifies and holds the Municipality Utility harmless against any Claims which may arise from the Contract. 21.2. Neither Party shall be liable to the other Party under this Contract or in delict for any losses or damages incurred directly or indirectly as a result of any action or omission of such Party unless the said action or omission is due to the negligence of the defaulting Party. 21.3. Nothing in this Contract shall exclude or limit the liability of either Party for death or personal injury to the other Party resulting directly from the negligence of the first- first-mentioned Party or any of its officers, directors, employees, contractors and agents and that Party shall indemnify and keep indemnified the other Party from and against any damages or losses which the other Party may suffer or incur by reason of any Claim on account of death or personal injury to the extent resulting from the negligence of the first- first-mentioned Party or the negligence of any of its officers, directors, employees, contractors or agents. 21.4. The rights and remedies provided by this Contract to the Parties are exclusive and not cumulative and exclude and are in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by common law or statute in respect of the subject matter of this Contract, including without limitation any rights either Party may possess in delict which shall include without limitation actions brought in negligence and/or nuisance. Accordingly, each of the Parties hereby waives to the fullest extent possible all such rights and remedies provided by common law or statute, and releases the other Party, its officers, directors, employees, contractors and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by common law or statute in respect of the matters dealt with in this Contract and undertakes not to enforce any of the same except as expressly provided herein. For the avoidance of doubt, the rights and remedies provided in this Contract shall not be construed so as to limit the rights and/or remedies that the Customer may have under any other agreement between them. Each of the Parties chooses the domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any legal process and for any purposes arising from this Contract at their respective addresses set forth in Schedule 1. Any notice to any party shall be addressed to it at its domicilium aforesaid and be sent either by pre‑paid registered post or be delivered by hand. In the case of any notice: sent by pre‑paid registered post, it shall be deemed to have been received, unless the contrary is proved, on the seventh day after posting; and delivered by hand, it shall be deemed to have been received, unless the contrary is proved, on the date of delivery, provided such date is a business day or otherwise on the next following business day; Either Party shall, by notice in writing to the other, to change its domicilium to any other address within the ***country, provided that the change shall become effective only fourteen (14) days after the service of the notice in question. Any notice addressed to the Utility shall be required to be addressed to the Utility Manager and marked for the Attention of the ***Director: ______ to be deemed to have been effectively delivered or served.

DAMAGES AND INDEMNIFICATION. 21.1. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Generator. The Customer hereby indemnifies and holds the Municipality harmless against any Claims which may arise from the Contract. 21.2. Neither Party shall be liable to the other Party under this Contract or in delict for any losses or damages incurred directly or indirectly as a result of any action or omission of such Party unless the said action or omission is due to the negligence of the defaulting Party. 21.3. Nothing in this Contract shall exclude or limit the liability of either Party for death or personal injury to the other Party resulting directly from the negligence of the first- first-mentioned Party or any of its officers, directors, employees, contractors and agents and that Party shall indemnify and keep indemnified the other Party from and against any damages or losses which the other Party may suffer or incur by reason of any Claim on account of death or personal injury to the extent resulting from the negligence of the first- first-mentioned Party or the negligence of any of its officers, directors, employees, contractors or agents. 21.4. The rights and remedies provided by this Contract to the Parties are exclusive and not cumulative and exclude and are in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by common law or statute in respect of the subject matter of this Contract, including without limitation any rights either Party may possess in delict which shall include without limitation actions brought in negligence and/or nuisance. Accordingly, each of the Parties hereby waives to the fullest extent possible all such rights and remedies provided by common law or statute, and releases the other Party, its officers, directors, employees, contractors and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by common law or statute in respect of the matters dealt with in this Contract and undertakes not to enforce any of the same except as expressly provided herein. For the avoidance of doubt, the rights and remedies provided in this Contract shall not be construed so as to limit the rights and/or remedies that the Customer may have under any other agreement between them. Each of the Parties chooses the domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any legal process and for any purposes arising from this Contract at their respective addresses set forth in the Application Form. Any notice to any party shall be addressed to it at its domicilium aforesaid and be sent either by pre‑paid registered post or be delivered by hand. In the case of any notice: sent by pre‑paid registered post, it shall be deemed to have been received, unless the contrary is proved, on the seventh day after posting; and delivered by hand, it shall be deemed to have been received, unless the contrary is proved, on the date of delivery, provided such date is a business day or otherwise on the next following business day; Either Party shall, by notice in writing to the other, to change its domicilium to any other address within the Republic of South Africa, provided that the change shall become effective only fourteen (14) days after the service of the notice in question. Any notice addressed to the Municipality shall be required to be addressed to the Municipal Manager and marked for the Attention of the Director: Electricity Services to be deemed to have been effectively delivered or served.