Liability of the Authority Sample Clauses

The 'Liability of the Authority' clause defines the extent to which the Authority (such as a government agency or public body) can be held responsible for losses, damages, or claims arising from the contract. Typically, this clause outlines specific circumstances under which the Authority may be liable, such as for breaches of contract or negligence, and may also set limits on the amount or types of damages recoverable. Its core practical function is to allocate risk between the parties by clarifying and often limiting the Authority's financial and legal exposure, thereby providing certainty and managing potential liabilities.
Liability of the Authority. The Authority and the Lender agree that the obligation of the Authority to pay the Obligations are contractual obligations of the Authority payable solely from the Revenues and shall not be affected by, and the Lender shall not be responsible for, among other things, (i) the validity, genuineness or enforceability of this Agreement, the Bank Note or documents, notices or endorsements relating thereto (even if this Agreement or any documents, notices endorsements relating thereto should in fact prove to be in any and all respects invalid, fraudulent or forged), (ii) the use to which the amounts disbursed by the Lender may be put, or (iii) any other circumstances or happenings whatsoever, whether or not similar to any of the foregoing.
Liability of the Authority. (a) Participant shall have and reserves the right to recover from the Authority, including by intervention in any legal proceedings of Authority, for any losses, damages, claims, expenses, costs, or judgments, including reasonable attorneys fees and court costs, incurred by Participant due to any act or omission of the Authority that does not constitute gross negligence or willful misconduct by the Authority and that results directly or indirectly from (i) damage described under Section 4.02(c) hereof, (ii) any act or omission relating to the Authority’s performance under this Contract, including any breach or violation of this Contract or any laws, rules, or regulatory requirements relating to the Plan, the GRP, or the Project, (iii) improper or inadequate design, construction, permitting, or operation of the Project, or (iv) claims by third parties, including customers of the Project. Any damages or remedies available to Participant pursuant to this subsection (a) shall be a Project cost and a responsibility, liability, and debt of the separate operating division to be created and established pursuant to Section 9.03(a)(1) hereof, and not a responsibility, liability, or debt of any other operating division of the Authority. (b) Participant shall have and reserves the right to recover from Authority, including by intervention in any legal proceedings of Authority, for any losses, damages, claims, expenses, costs, or judgments, including reasonable attorneys fees and court costs, incurred by Participant due to any act or omission of the Authority that constitutes gross negligence or willful misconduct and that results directly or indirectly from (i) damage described under Section 4.02(c) hereof, (ii) any act or omission relating to the Authority’s performance under this Contract, including any breach or violation of this Contract or any laws, rules, or regulatory requirements relating to the Plan, the GRP, or the Project, (iii) improper or inadequate design, construction, permitting, or operation of the Project, or (iv) claims by third parties, including customers of the Project. Any damages or remedies available to Participant pursuant to this subsection (b) shall not be a Project cost and shall be the responsibility, liability, and debt of the Authority, and not of any such separate operating division created and established pursuant to Section 9.03(a)(1) hereof, the Participants, the Project, Project revenues, or the GRP. In any event, the Authority sha...
Liability of the Authority. The Authority will indemnify, defend, save and hold harmless the Concessionaire against any and all suits, proceedings, actions, demands and third-party claims for any loss, damage, cost and expense of whatever kind and nature arising out of: a defect in title and/or the rights of the Authority in the Project Site and given on Concession to the Concessionaire; or b breach by the Authority of any of its obligations under this Agreement or any related Agreement, which materially and adversely affect the performance by the Concessionaire of its obligations under this Agreement, save and except that where any such claim, suit, proceeding, action, and/or demand has arisen due to a negligent act or omission, or breach of any of its obligations under any provision of this Agreement or any related Agreement and/or breach of its statutory duty on the part of the Concessionaire, its subsidiaries, affiliates, contractors, employees or agents, the same shall be the liability of the Concessionaire.
Liability of the Authority. The Authority will indemnify, defend, save and hold harmless the Concessionaire against any and all suits, proceedings, actions, demands and third-party claims for any loss, damage, cost and expense of whatever kind and nature arising out of:
Liability of the Authority. Consistent with Government Code section 6508.1, the debts, liabilities, and obligations of TRANSPAC shall be limited to the assets of TRANSPAC and shall under no circumstances be the debts, liabilities, and obligations of any of the Parties. A Party may, but has no obligations to, separately contract for or assume responsibility in writing for specific debts, liabilities, or obligations of the Authority. In furtherance of this Section, TRANSPAC shall indemnify the Parties as provided in Section 14 below.
Liability of the Authority. 13.1 The Bidders are advised to avoid last moment rush to submit bids online and they should upload their bids well in advance before the bid submission deadline. The Authority shall not be liable for failure of online submission of bids by the Bidder that may arise due to any reason whatsoever. It shall be construed that the procedure for online submission of bids, mentioned under clause - 9 of ITB (Section-II), has been read and understood by the Bidder. The submission of hard copy is not a mandatory requirement. However, if the Bidder submits hard copy of the bid, it shall not be treated as a substitute to online bids submission and in case a Bidder fails to submit bids online due to any reason, the hard copies of the bids shall not be considered for evaluation.
Liability of the Authority. The Authority shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damage, actions, suits, proceedings and expenses by whomsoever made, brought prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to any breach, violation or non-performance by the Authority of any covenant, term or provision of this Agreement, except where the Municipality has acted negligently or with willful intent. If the Municipality shall, without fault on its part, or its employees or contractors, be made a party to any litigation commenced by or against the Authority related to, occasioned by or attributable to the enforcement duties or responsibilities or otherwise in connection with the Act or any regulations thereunder, then the Authority shall protect, indemnify and hold harmless and shall pay all costs, expenses and reasonable legal fees (on a substantial indemnity basis) incurred or paid by the Municipality in connection with such litigation.
Liability of the Authority. RELEASE AND INDEMNITY 7 24. GOVERNING LAW 8 25. COUNTERPART 8 26. AGREEMENT COMPLETE 8 27. NO THIRD-PARTY BENEFICIARIES 8 SAN FRANCISQUITO CREEK JOINT POWERS AGREEMENT This Amended and Restated Agreement (“Agreement”) is made by and among the City of Menlo Park, the City of Palo Alto, the City of East Palo Alto, the Santa ▇▇▇▇▇ Valley Water District, and the San Mateo County Flood and Sea Level Rise Resiliency District (“Member Entities”), all of which are public entities organized and operating under the laws of the State of California and each of which is a public agency as defined in California Government Code section 6500.

Related to Liability of the Authority

  • Liability of the Bank The District assumes all risks of the acts or omissions of the Trustee, or any agent of the Trustee, and any transferee beneficiary of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Trustee, any agent of the Trustee and any transferee beneficiary in connection therewith; (b) the validity or genuineness of documents, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, fraudulent or forged; (c) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (d) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit; provided, however, that the District shall have a claim against the Bank, and the Bank shall be liable to the District, to the extent of any direct compensatory, as opposed to consequential, damages suffered by the District which are determined by a final judgment of a court of competent jurisdiction to have resulted from the Bank’s failure to pay under the Letter of Credit after the presentation to it by the Trustee of a certificate strictly complying with the terms and conditions of the Letter of Credit or the Bank’s willful or grossly negligent payment under the Letter of Credit. The Bank is hereby expressly authorized and directed to honor any demand for payment which is made under the Letter of Credit without regard to, and without any duty on its part to inquire into the existence of, any disputes or controversies between or among the District, the County, the State, the Trustee, any transferee beneficiary of the Letter of Credit or any other Person or the respective rights, duties or liabilities of any of them, or whether any facts or occurrences represented in any of the documents presented under the Letter of Credit are true and correct.

  • Liability of City CITY’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 3.3.1, “PAYMENT,” OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.