Claims and Liability. Any claim for liquidated damages does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.17.
Claims and Liability. Any reduction in price does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.17.
Claims and Liability. Owner and Manager mutually agree for the benefit of each other to look only to the appropriate insurance coverages in effect pursuant to this Agreement in the event any demand, claim, action, damage, loss, liability or expense occurs as a result of injury to person or damage to property regardless whether any such demand, claim, action, damage, loss, liability or expense is caused or contributed to, by or results from the negligence of Owner or Manager or their subsidiaries, affiliates, employees, directors, officers, agents or independent contractors and regardless whether the injury to person or damage to property occurs in and about the Hotel or elsewhere as a result of the performance of this Agreement. Nevertheless, in the event the insurance proceeds are insufficient or there is no insurance coverage to satisfy the demand, claim, action, loss, liability or expense and the same did not arise out of the gross negligence or willful misconduct of Manager, Owner agrees, at its expense, to indemnify and hold Manager and its subsidiaries, affiliates, officers, directors, employees, agents or independent contractors harmless to the extent of the excess liability.
Claims and Liability. Any claim for a breach of any representations, warranties, covenants or undertakings contained in this Agreement shall only be enforceable by PSI Group against Royal Philips in accordance with the provisions of the Stock Purchase Agreement, and the liability and the limitations on such liability in respect of any breach of such representations, warranties, covenants and undertakings shall be determined solely in accordance with the terms of the Stock Purchase Agreement.
Claims and Liability. § 1 Exchange of experience
Claims and Liability. Owner and Operator mutually agree for the benefit of each other to look only to the appropriate insurance coverages in effect pursuant to this Agreement in the event any demand, claim, action, damage, loss, liability or expense occurs as a result of injury to person or damage to property (collectively, a "Claim"), regardless whether any such Claim is caused or contributed to, by or results from the negligence of Owner or Operator or their respective Affiliates, employees, directors, officers, agents or independent contractors and regardless whether the injury to person or damage to property occurs in and about the Hotel or elsewhere as a result of the performance of this Agreement.
Claims and Liability. The Contractor shall indemnify the State and its employees against and hold them harmless from any and all claims, actions, suits, proceedings, costs, expenses, judgments, damages and liabilities, including reasonable attorneys' fees, arising out of or resulting from acts or omissions of the Contractor, its contractors, sub-contractors, agents or employees, relating to the Project or the provision of project services.
Claims and Liability. 12.1 Claims (a) Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.
Claims and Liability. In the event any claim or claims are made by a person or persons against any bargaining unit employee for actions performed within the course and scope of his or her employment as covered by the terms of this Agreement, such claim(s) shall be defended by the Employer. Any liability which is incurred by an employee covered by this Agreement as a result of such claims shall be paid by the Employer. However, the Employer shall have no responsibility to defend employee or pay any liability resulting from such claim if such claim is based upon the acts or omissions of any employee resulting from gross negligence, reckless conduct or intentional misconduct. The Employer shall reimburse an employee for the amount of vehicle insurance deductible paid by that employee or up to $500.00 if the employee does not have comprehensive or collision insurance coverage, as a result of any accident occurring while the employee was using his/her private vehicle on FNSB business. Should the employee or his/her insurance company recover any monies from any third party as payment for damages as a result of such auto accident, the Employer shall be reimbursed its prorata share of such recovery up to the full amount of the deductible paid. Such claim shall not be paid by the Employer if such claims are based upon the acts or omissions of any employee resulting from gross negligence, reckless conduct, or intentional misconduct.
Claims and Liability. 24. LGFC remain responsible for ensuring that the Centre remains fit for purpose and complies with all prevailing Safety, Health, Environmental and Fire (SHEF) legislation.
