Supplier’s Liability Sample Clauses

Supplier’s Liability. (a) Supplier shall indemnify, defend and hold harmless Company and its subsidiaries, and their respective officers, directors, employees, shareholders and distributors from and against and in respect of any and all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, interest and penalties, costs and expenses (including, without limitation, reasonable legal fees and disbursements incurred in connection therewith and in seeking indemnification therefor, and any amounts or expenses required to be paid or incurred in connection with any action, suit, proceeding, claim, appeal, demand, assessment or judgment) finally awarded (“Indemnifiable Losses”), resulting from, arising out of, or imposed upon or incurred by any person to be indemnified hereunder by reason of: (i) any breach of representation, warranty or agreement on the part of Supplier under this Agreement (collectively, “Supplier Breach”); (ii) Product Liability Damages with respect to the Drugs arising from or related to a Supplier Breach; (iii) any charges of patent or other intellectual property infringement due to the manufacture of the Drugs, the sale of the Drugs for use in the Field (as defined in the License and Development Agreement) or the formulation of the Drug, except to the extent such formulation is required specifically for the Company Specifications, and such infringement would have been avoided by compliance with Supplier Specifications (which indemnity shall be in addition to, and not in lieu of, Supplier’s indemnity made in the License and Development Agreement), or (iv) other negligence or intentional misconduct of Supplier; provided that in no event shall Supplier be liable for matters for which Company is responsible under Section 7.2 below or for punitive or exemplary damages. (b) During the term of this Agreement, Supplier shall maintain, at its expense, a policy of comprehensive general liability insurance sufficient to honor the indemnity made herein, with products liability endorsement, but in no event less than Seven Million Five Hundred Thousand U.S. Dollars ($7,500,000) in the aggregate with a maximum deductible per occurrence of not more than One Million U.S. Dollars ($1,000,000) per occurrence and in the annual aggregate. Said policy shall name Company and its Affiliates as additional beneficiaries. Supplier shall furnish Company with a certificate of insurance evidencing such coverage within thirty (30) days of the execution of this ...

Supplier’s Liability. In the event that technical issues or malfunctions are caused to the Facilities or to the Customer’s equipment for reasons attributable to the Distribution Network and/or the NII Network, such as supply interruptions, voltage drops or voltage fluctuations, the Supplier bears no liability, unless otherwise stipulated by Law.

Supplier’s Liability. 8 Pursuant to clause 20.4, the Supplier’s Limit of Liability under this Contract shall be: 125% of the total Charges paid and payable to the Supplier under this Contract.

Supplier’s Liability. [NB please note the following guidance on when to include this clause: Unless this clause is relevant (see final point below), it must be deleted before sending the Agreement to the Supplier. Please do not send the Supplier a form of the Agreement which includes this clause. The British Council’s standard position is that the Supplier should not be entitled to limit its liability other than to the extent already set out in clause 11 of Schedule 4. This clause should only be included if the Supplier has requested the ability to limit its liability and the British Council has agreed this as part of the negotiations. For more advice on limitation of liability please see the accompanying guidance notes to this Agreement.]

Supplier’s Liability. Supplier’s liability under or in connection with the Agreement, regardless of whether the claim arises out of contract, tort, warranty or any other legal ground, is excluded, except in case of gross negligence or willful misconduct.

Supplier’s Liability. Subject to the limitation of liability provisions in the Standard Terms (Schedule 4), the total liability of the Supplier to the British Council whether in contract, tort, negligence, breach of statutory duty or otherwise for any direct loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed the total value of the Agreement for each claim or instance of liability. The Charges for the Services will be as per the costing submitted by the appointed supplier. The Charges set out above are an all-inclusive fee except for those additional expenses specifically referred to below, and covers all preparation, report writing and all other work, which is carried out in Morocco. It is expected that the Supplier will meet all costs and expenses necessary to provide the Services under this Agreement, including, but not restricted to: the costs of salaries, bonuses, superannuation medical and travel insurance, insurance for personal possessions or of any fees payable to personnel employed, or engaged by the Supplier. The Charges are also deemed to cover the cost of personal equipment, non-Working Days and all other costs including but not limited to clothing, passports and vaccinations, travel to and from the airport, accommodation costs, overheads and expenses of whatsoever nature that may be incurred except those otherwise specifically provided for in this Agreement. In addition to the Charges the British Council will reimburse the Supplier for the following expenses incurred as a direct consequence of the engagement, subject to such expenses being agreed with the British Council separately in advance: The Charges and allowances for the Supplier will be reimbursed by the British Council and are fixed for the duration of the Agreement.

Supplier’s Liability. [Note: Only use this provision where the British Council has agreed that the Supplier should be allowed to limit its liability] 4.1 Subject to the limitation of liability provisions in the Standard Terms (Schedule 4), the total liability of the Supplier to the British Council whether in contract, tort, negligence, breach of statutory duty or otherwise for any direct loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed [insert figure in numbers and words] for each claim or instance of liability. [Insert here definition and specification of the Services. If these are consultancy services, this may include the terms of reference issued by the British Council and/or any end client.] [Insert here definition and specification of the Goods.] The Charges for the Services and/or Goods will be [insert details] [e.g. monthly charge/fixed sum paid against an agreed payment schedule/daily or hourly rates/unit charges/price list for a range of products. If the Agreement is for the provision of consultancy on a daily basis, state the maximum number of days]. [NB: Include details of any agreed expenses]. [Note: The following is an example (relating to the supply of Services) only and can be deleted or adapted as necessary:] [The Charges set out above are an all inclusive fee except for those additional expenses specifically referred to below, and covers all preparation, report writing and all other work, which is carried out in [

Supplier’s Liability. ‌ The Supplier must not do anything which puts or could put PON or the Supplier in breach of any WHS Law and acknowledges and agrees that: a) a breach of this clause 8 will constitute a material breach for the purposes of clause 17.2b); and b) its compliance with this clause 8 does not: I. relieve it of its responsibilities to PON under this Contract or at Law; or II. constitute verification or acceptance by PON of the adequacy of the Supplier’s systems or documentation.

Supplier’s Liability. Subject to the limitation of liability provisions in the Standard Terms (Schedule 4), the total liability of the Supplier to the British Council whether in contract, tort, negligence, breach of statutory duty or otherwise for any direct loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed [insert figure in numbers and words] for each claim or instance of liability.