A Non-Liability Agreement Sample Clauses

A Non-Liability Agreement. Within the Context of Article 115 of the TCO Article 115 of the TCO restricts non-liability agreements under certain conditions. Ac- cording to this Article, non-liability agree- ments are an elimination of responsibility from the establishment of the contract in terms of the levels of negligence, by parties’ agreement before the formation of damag- es.19 In other words, first of all there should be an agreement between the parties that waives the right of the obligor to seek com- pensation and this agreement must be con- cluded before20 the loss occurs. There are three main objectives under the limitation of non-liability agreements. The first objective is to prevent the obligor failing to honour the contract by intent and gross negligence. In another words, the legislator intends that an obligor who does not fulfil his obligation through gross negligence and wilful misconduct cannot take advantage of a non-liability agreement such that he avoids the results of the gross negligence.21 The second purpose is protection of the cred- itor. The legislator aims to protect the creditor who risks his economic future due to unpre- dictable damage, in terms of the contract which based upon the violation of debt, be- fore the occurrence of the damage because of the immorality of the contract.22 rın meydana gelmesinden önce akdedilmiş olmasıdır. Başka bir ifadeyle sorumluluğun doğmasından sonra borçlunun tazminat yü- kümlülüğünü ortadan kaldıran anlaşmalar sorumsuzluk anlaşmaları değildir. Ancak bu tür anlaşmalar bir sulh veya ibra sözleşmesi niteliğinde olabilir.15 Sorumsuzluk anlaşma- sından bahsedebilmek için ortada alacaklı ve borçlu arasında akdedilen bir asıl söz- leşme olmalıdır. Zira asıl sözleşme mevcut olmadıkça ortada asıl sözleşmeden doğan bir sorumluluk da olmayacağı için, sorumlu- luğu sınırlandıran veya ortadan kaldıran bir anlaşma da söz konusu olmayacaktır.16 Baş- ka bir ifadeyle sorumsuzluk anlaşmaları esas sözleşmenin geçerliliğine bağlıdır.17 Öte yandan alacaklı ile borçlu, borca aykırı- lık durumunda doğacak tazminatın sınırını önceden yapacakları bir sorumsuzluk anlaş- masıyla belirleyebilirler. Bunun haricinde so- rumsuzluk anlaşmaları konu, kişi, malvarlığı ve zaman yönünden de sınırlandırılabilir.18
Sample 1
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Related to A Non-Liability Agreement

  • NON-LIABILITY The Developer acknowledges that the City's review and approval of plans for the development of the Property is done in furtherance of the general public health, safety and welfare, and that no specific relationship with, or duty of care to the Developer or third parties associated with the Developer is assumed by such review and approval, or immunity waived, as is more specifically set forth in Government Immunity Act C.R.S. 00-00-000, et seq.

  • WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, , IN CONSIDERATION of being permitted to participate in any way in the Rocky Mountain Cycling Club 200 km brevet calendared for October 8, 2022 (“Activity”), I hereby acknowledge, agree, attest and represent the following:

  • Assumption of Risk, and Indemnity Agreement Waiver: In consideration of being permitted to visit or participate in any way in any activity, including transportation, at the above location, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to xxx The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees, and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, visitation or participation in any way in any activity, including transportation, at the above location. Assumption of Risks: Visitation or participation carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in visitation or participation. I hereby assert that my visitation or participation is voluntary and that I knowingly assume all such risks. Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD The Regents of the University of California HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in visitation or participation and to reimburse them for any such expenses incurred.

  • Cap on Liability Notwithstanding anything to the contrary contained in this Agreement or in any Closing Document, the liability of the Sellers for Losses arising pursuant to or in connection with the representations, warranties, indemnifications, covenants or other obligations (whether express or implied) of the Sellers under this Agreement (or in any Closing Document) shall not exceed $50,000,000 in the aggregate under this Agreement and the Other PSAs combined (the “Cap”), however, the Buyer shall not make any claims for Losses in connection with the representations, warranties, indemnifications, covenants or other obligations (whether express or implied) of the Sellers under this Agreement unless such claims exceed $1,000,000 in the aggregate under this Agreement and the Other PSAs combined (the “Basket”) (at which point the Buyer shall be entitled to make a claim for the aggregate amount of Losses and not just amounts in excess of the Basket). Notwithstanding anything to the contrary contained herein, the Basket and Cap limitations set forth herein shall not apply to Losses suffered or incurred as a result of any breaches of the covenants and obligations of the Sellers set forth in Section 9.1, Article X, Article XII, and Section 14.3.

  • INDEMNITY AGREEMENT The Indemnity Agreement Regarding Hazardous Materials made by the Borrower and Guarantors, in favor of the Agent and the Lenders, as the same may be modified, amended or ratified, pursuant to which each of the Borrower and the Guarantors agrees to indemnify the Agent and the Lenders with respect to Hazardous Substances and Environmental Laws.

  • INDEMNIFICATION; LIABILITY a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement.

  • Union Liability Nothing in the Agreement or its Supplements relating to health, safety or training rules or regulations shall create or be construed to create any liability or responsibility on behalf of the Union for any injury or accident to any employee or any person or does the Union assume any such liability or responsibility. The Employer will not commence legal action against the Union, on a subrogation theory, contribution theory, or otherwise, as a re- xxxx of the Union’s negotiation of safety standards contained in this Agreement or failure to properly investigate or follow-up Employ- er compliance with those safety standards.

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE RELEASEES allowing me to participate in wilderness activities, I hereby agree as follows:

  • Limit on Liability Intel is providing the Materials for free and Your use of them is at Your own risk. Intel will not be liable to You under any legal theory for any losses or damages in connection with the Materials, including consequential damages, even if the possibility of damages was foreseeable or known. If any liability is found, Intel’s total, cumulative liability to You will not exceed $100.00 U.S. for all claims arising from or related to this Agreement. These liability limitations are a fundamental basis of our bargain and Intel would not have entered into this Agreement without them. 7.

  • COMPLETE AGREEMENT AND WAIVER OF BARGAINING 22.1 This Agreement shall represent the complete Agreement between the Union and the County.

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