Indemnification and Limitations of Liability Clause Samples

Indemnification and Limitations of Liability. Agency agrees to and does hereby indemnify, hold harmless, and save from liability GTARC, Staff Members, the NIEF Center, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia, including their officers and employees, from and against any and all claims, demands, and actions arising out of or relating to Agency’s use of any and all trustmarks issued in accordance with this Agreement. GTARC, THE NIEF CENTER, AND THE GEORGIA INSTITUTE OF TECHNOLOGY DISCLAIM ANY AND ALL WARRANTIES BOTH EXPRESS AND IMPLIED WITH RESPECT TO THE SERVICES TO BE PERFORMED HEREUNDER AND ANY DELIVERABLES RESULTING THEREFROM, INCLUDING THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS THEREIN, AND THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, VALIDITY OF ANY INTELLECTUAL PROPERTY RIGHTS OR CLAIMS, OR NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

Indemnification and Limitations of Liability. A. Q Comm shall exercise its best efforts to avoid network service interruption. However, in the event of a network service interruption or equipment failure, Q Comm's liability hereunder shall be limited to the retail cost of the PIN subject to the interruption, provided that such interruption was caused solely by Q Comm's willful act or omission or its negligence. Q Comm shall not be liable for any interruption caused by the negligence or any act or omission of Broker, the Card user, carrier, switch provider or any third party. B. Except as otherwise stated herein each party will defend, indemnify and hold harmless the other party, its owners, parents, affiliates, subsidiaries, brokers, directors, officers, shareholders, and employees from and against any and all losses, costs, claims, awards, liabilities, damages, and expenses (including reasonable attorneys fees) brought or claimed by third parties, relating to or arising out of the negligence or willful misconduct of either party in the performance of this Agreement. C. Q COMM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR OTHER WARRANTY OF QUALITY, EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN NO EVENT SHALL Q Comm BE LIABLE TO BROKER OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS.

Indemnification and Limitations of Liability. TRP agrees to and does hereby indemnify, hold harmless, and save from liability GTARC, Staff Members, the NIEF Center, the Georgia Institute of Technology, and the Board of Regents of the University System of Georgia, including their officers and employees, from and against any and all claims, demands, and actions arising out of or relating to TRP’s use of any and all Trustmarks issued by the NIEF Center.

Indemnification and Limitations of Liability. TRP agrees to and does hereby indemnify, hold harmless, and save from liability Trustmark Provider, including its officers and employees, from and against any and all claims, demands, and actions arising out of or relating to TRP’s use of any and all trustmarks issued by Trustmark Provider.

Indemnification and Limitations of Liability. 7.1 To the extent permitted by applicable Florida law and without waiving sovereign immunity, each Party shall indemnify, defend, save and hold harmless the other Party, its Employees and agents, from and against any and all third-party claims, damages, liabilities, demands, losses and expenses, including attorneys’ fees and costs, arising out of, resulting from, or connected with any act, omission, failure to act, negligence or fault relating to the indemnifying Party’s acts and responsibilities provided for in this Agreement. Notwithstanding the foregoing, any liability arising under this section shall be limited to the amounts set forth in Section 768.28, Florida Statutes, regardless of whether the claim arises in tort, contract, or otherwise. 7.2 All the privileges and immunities from liability, exemptions from law, ordinance, resolutions and rules, and all pensions and relief, disability, workers’ compensation and other benefits that apply to the activity of an Employee when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury of Employees, and for loss or damage of equipment, shall be borne by the Party employing such Employees, and owning or possessing such equipment. 7.3 Nothing herein shall be interpreted as a waiver by the Parties of their respective rights, including the limitations of the waiver of immunity as set forth in Section 768.28, Florida Statutes, or any other statutes or immunities. Each Party to this Agreement expressly reserves these rights to the full extent allowed by law.

Indemnification and Limitations of Liability. To promote cooperation among the Parties, to avoid duplication of costs, and to carry out the purposes of this Agreement, the Parties agree to the following provisions for indemnification and limited liability. (a) First Party Claims ColumbiaGrid shall not be liable to any other CIP -014 Transmission Owner for any loss or damage to the equipment or Electric System of such other CIP -014 Transmission Owner, or any loss or damages for bodily injury (including death) that such other CIP -014 Transmission Owner or its employees may incur arising out of this Agreement or its performance.

Indemnification and Limitations of Liability. In addition to Developer’s indemnity obligations in Section 4.19, and to the extent permitted by law, each Party (the “Indemnifying Party”) shall defend, indemnify and hold harmless the other Party and the directors, officers, shareholders, partners, members, agents and employ- ees of such other Party, and the respective affiliates of each thereof (individually an “Indem- nified Party” and collectively the “Indemnified Parties”), from and against all loss, damage, expense, liability and other claims, including court costs and reasonable attorneys’ fees (col- lectively, “Liabilities”) resulting from any third party actions for injury to or death of per- sons, and damage to or loss of property to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of the Indemnifying Party (or its contractors, agents or employees) in connection with this Development Agreement or the PPA; provided, however, that nothing herein shall require the Indemnifying Party to indemnify an Indemni- fied Party for any Liabilities to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of such Indemnified Party. This Section 8.1 howev- er, shall not apply to liability arising from any form of hazardous substances or other envi- ronmental contamination, such matters being addressed exclusively by Section 4.19 hereof.

Indemnification and Limitations of Liability. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SYSTEM IS AN ADJUNCT TO, AND NOT A REPLACEMENT FOR, A SURGEON’S KNOWLEDGE, EXPERTISE, AND JUDGMENT AND AS SUCH, RESPONSIBILITY FOR THE USE OF THE SYSTEM IN SURGERY REMAINS WITH THE SURGEON.

Indemnification and Limitations of Liability. Section 7.1