Liability of the Architect Sample Clauses

Liability of the Architect. 12.1 In GC 7.4.2 after the word “documents” add the words “except when such acts or omissions arise from the negligence or breach of this Contract by the Architect”. 12.2 Add the following words to the end of end of GC 7.4.1: "but the Architect shall conduct such reviews as may be required to be reasonably satisfied that the Work is being undertaken and conducted in compliance with the Contract Documents." 12.3 Delete GC 7.2, 7.5 and 7.6 and substitute the following: “The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Consultant’s negligent performance of professional services under this Agreement and that of its sub consultants or anyone for whom the Consultant is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and sub consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Client’s negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor the Consultant shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of others.” 12.4 (Architectural proponent) shall obtain and maintain, throughout its work on the Project and for a period of five years after completion of the Architectural services under this Contract, professional liability insurance in an amount of no less than one million dollars $1,000,000 per occurrence on standard industry terms reasonably acceptable to the Client. 12.5 (Architectural proponent) shall obtain and maintain until completion of the Architect's services under this Contract a comprehensive general liability insurance policy insuring against the usual perils and risks, in the amount of no less than five million dollars ($5,000,000) per occurrence and shall include the Client as an additional named insured on such policies until completion of the Architect's services under this Contract. 12.6 The above insurance policies shall be subject to the approval of the Client and shall each con...
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Liability of the Architect. The Architect shall use due care in the performance of the obligations under this agreement to ensure that no person is injured, no property is damaged or lost and no rights are infringed.
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Liability of the Architect. 3.2.1 The Architect shall maintain in force for the term of this Agreement, and for a period of at least two years following substantial performance of the Construction Contract, a policy of professional liability insurance containing a limit of at least $2,000,000 per claim, $3,000,000 as a Project limit and $4,000,000 as an annual aggregate policy limit. The coverage under this policy shall include a two year extended reporting period endorsement and a deductible not to exceed $25,000. A certified copy of the Architect's policy shall be provided to the Board and shall be subject to approval of the Board's risk and insurance manager, acting reasonably, prior to execution of this Agreement. The Board agrees that any and all claims which it has or hereunder may have against the Architect in any way arising out of a professional error or omission related to the Architect's duties and responsibilities pursuant to the Agreement, whether such claims are in contract or in tort, shall be limited to an amount of $2,000,000. 3.2.2 The Architect shall indemnify and hold the Board harmless from and against any and all claims, demands and causes of action by third parties for personal injury or property damage resulting from any wilful or negligent act or omission by the Architect or for any breach of the Architect's obligations un- der this Agreement which does not constitute a professional error or omission by the Architect and from and against all damages, losses, costs, charges and expenses, including full reimbursement of legal fees, which the Client may sustain or incur or be liable for in consequence of such claims, damages or causes of action except to the extent caused or contributed to by the negligence or breach of this Agreement by the Board. The liability of the Architect to indemnify and hold harmless shall be limited to an amount of $5,000,000 per oc- ▇▇▇▇▇▇▇▇ and $5,000,000 in the aggregate over the term of this Agreement. The Architect agrees to bind, for the term of this Agreement plus a further two years, a policy of comprehen- sive general liability insurance with limits not less than as described in this paragraph. 3.2.3 For established products, the Architect shall be entitled to rely upon published product information and representations from manufacturers and shall not be held liable for doing so when the Architect reasonably believes the information and repre- sentations to be accurate. In the event that the Architect proposes to use a product...
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Liability of the Architect. 8.1.1 The Architect shall only be liable to pay compensation for any loss or damage to the Owner arising out of or in connection with the breach of any obligation of the Architect under this Agreement.
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Liability of the Architect 
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Related to Liability of the Architect

  • Liability of the Adviser (a) The Adviser shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of statements in the Fund's Disclosure Documents. (b) The Adviser shall be liable to the Fund for any loss (including transaction costs) incurred by the Fund as a result of any investment made by the Adviser in contravention of: (i) any investment policy, guideline or restriction set forth in the Registration Statement or as approved by the Board from time to time and provided to the Adviser; or (ii) applicable law, including but not limited to the 1940 Act and the Code (including but not limited to the Fund's failure to satisfy the diversification or source of income requirements of Subchapter M of the Code) (the investments described in this subsection (b) collectively are referred to as "Improper Investments"). (c) The Adviser shall indemnify and hold harmless the Trust, each affiliated person of the Trust within the meaning of Section 2(a)(3) of the 1940 Act, and each person who controls the Trust within the meaning of Section 15 of the 1933 Act (any such person, an "Indemnified Party") against any and all losses, claims, damages, expenses or liabilities (including the reasonable cost of investigating and defending any alleged loss, claim, damage, expense or liability and reasonable counsel fees incurred in connection therewith) to which any such person may become subject under the 1933 Act, the 1934 Act, the 1940 Act or other federal or state statutory law or regulation, at common law or otherwise, insofar as such losses, claims, damages, expenses or liabilities (or actions in respect thereof) arise out of or are based upon: (i) a breach by the Adviser of this Agreement or of the representations and warranties made by the Adviser herein; (ii) any Improper Investment; (iii) any untrue statement or alleged untrue statement of a material fact contained in any Disclosure Document or the omission or alleged omission from a Disclosure Document of a material fact required to be stated therein or necessary to make the statements therein not misleading; or (iv) the Adviser's performance or non-performance of its duties hereunder; provided, however, that nothing herein shall be deemed to protect any Indemnified Party who is a Trustee or officer of the Trust against any liability to the Trust or to its shareholders to which such Indemnified Party would otherwise be subject by reason or willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's office with the Trust.

  • Liability of the Evaluator The Trustee, the Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.

  • Liability of the Company The Company shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company herein.

  • Liability of Evaluator The Trustee, FTPS Unit Servicing Agent, Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors, L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, FTPS Unit Servicing Agent, Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder." M. The second sentence of the first paragraph of Section 5.01 shall be amended to delete subsection (ii) of such sentence and replace it in its entirety with the following:

  • Liability of the Manager No provision of this Agreement shall be deemed to protect the Manager against any liability to the Fund or the shareholders of the Portfolio to which it might otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or the reckless disregard of its obligations under this Agreement.