Active or Passive Negligence; Strict Liability Sample Clauses

Active or Passive Negligence; Strict Liability. Except as provided in this subsection 14.3.4, the indemnification in subsection 14.3.1 shall apply regardless of the active or passive negligence of Landlord Parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on Landlord Parties. The indemnification in subsection 14.3.1 shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one Landlord Party was proximately caused by the willful misconduct of that Landlord Party. In that event, however, this indemnification shall remain valid for all other Landlord Parties.
Sample 1
AutoNDA by SimpleDocs
Active or Passive Negligence; Strict Liability. Except as provided in this section, the Developer Indemnification Obligations shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of County Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on County Parties. Developer Indemnification Obligations shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim was caused solely by the gross negligence or willful misconduct of a County Party.
Sample 1
Active or Passive Negligence; Strict Liability. Except as provided in this Section, Lessee’s Indemnification shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of County Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on County Parties. Lessee’s Indemnification shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim was caused solely by the negligence or willful misconduct of a County Party.
Sample 1
Active or Passive Negligence; Strict Liability. Except as provided in this subsection (d), the indemnification in subsection (a) shall apply regardless of the active or passive negligence of Lessor Parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on Lessor Parties. The indemnification in subsection
Sample 1
Active or Passive Negligence; Strict Liability. Except as provided in this Section 13.2.4, the indemnification in Section 13.2.1 shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of City Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City Parties. The indemnification in Section 13.2 shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one or more City Parties was caused by the sole negligence or willful misconduct of one or more of such City Parties. In that event, however, this indemnification shall remain valid for all other City Parties.
Sample 1
Active or Passive Negligence; Strict Liability. Except as provided in this Section 13.2.4, the indemnification in Section 13.2.1 shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of City and/or Sublessor Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City and/or Sublessor Parties. The indemnification in Section 13.2 shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one or more City and/or Sublessor Parties was caused by the sole negligence or willful misconduct of one or more of such City and/or Sublessor Parties. In that event, however, this indemnification shall remain valid for all other City and/or Sublessor Parties.
Sample 1
Active or Passive Negligence; Strict Liability. Except as provided in this SECTION 13.3.4, the indemnification in SECTION 13.3.1 (LESSEE’S INDEMNIFICATION OF COUNTY PARTIES) shall apply, without limitation, to Claims caused by the sole passive negligence or the concurrent negligent act, error, or omission, whether active or passive, of County Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on County Parties. The indemnification in SECTION 13.3.1 (LESSEE’S INDEMNIFICATION OF COUNTY PARTIES) shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Claim against one County Party was caused solely by the negligence or willful misconduct of that County Party. In that event, however, this indemnification shall remain valid for all other County Parties.
Sample 1
AutoNDA by SimpleDocs

Related to Active or Passive Negligence; Strict Liability

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • No Liability for Ordinary Negligence Neither Silicon, nor any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing Silicon shall be liable for any claims, demands, losses or damages, of any kind whatsoever, made, claimed, incurred or suffered by Borrower or any other party through the ordinary negligence of Silicon, or any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing Silicon, but nothing herein shall relieve Silicon from liability for its own gross negligence or willful misconduct.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Express Negligence THE PARTIES INTEND THAT THE INDEMNITIES SET FORTH IN THIS ARTICLE 8 BE CONSTRUED AND APPLIED AS WRITTEN ABOVE, NOTWITHSTANDING ANY RULE OF CONSTRUCTION TO THE CONTRARY. WITHOUT LIMITING THE FOREGOING, SUCH INDEMNITIES WILL APPLY NOTWITHSTANDING ANY STATE’S “EXPRESS NEGLIGENCE” OR SIMILAR RULE THAT WOULD DENY COVERAGE BASED ON AN INDEMNIFIED PARTY’S SOLE OR CONCURRENT, ACTIVE OR PASSIVE NEGLIGENCE OR GROSS NEGLIGENCE. IT IS THE INTENT OF THE PARTIES THAT, TO THE EXTENT PROVIDED ABOVE, THE INDEMNITIES SET FORTH IN THIS ARTICLE 8 WILL APPLY TO AN INDEMNIFIED PARTY’S SOLE OR CONCURRENT, ACTIVE OR PASSIVE NEGLIGENCE OR GROSS NEGLIGENCE. THE PARTIES AGREE THAT THIS PROVISION IS “CONSPICUOUS” FOR PURPOSES OF ALL STATE LAWS.

  • Limitation of District Liability Other than as provided in this Agreement, District’s financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall District 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 or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement.

  • Liability for Acts or Omissions of Third Parties Neither BellSouth nor Mpower shall be liable for any act or omission of another telecommunications company providing a portion of the services provided under this Agreement.

  • Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).

  • Product Liability Claims Notwithstanding the provisions of Section 9.2, any Losses arising out of any Third Party claim, suit, action, proceeding, liability or obligation involving any actual or alleged death or bodily injury arising out of or resulting from the development, manufacture or Commercialization of any Fibrocell Products or Improved Products for use or sale in the Field, to the extent that such Losses exceed the amount (if any) covered by the applicable Party’s product liability insurance (“Excess Product Liability Costs”), shall be paid by [*****], except to the extent such Losses arise out of any Third-Party Claim based on the gross negligence or willful misconduct of a Party, its Affiliates, or its Affiliates’ sublicensees, or any of the respective officers, directors, employees and agents of each of the foregoing entities, in the performance of obligations or exercise of rights under this Agreement.

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”).

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Time is Money Join Law Insider Premium to draft better contracts faster.