Primary Liability The liability of Guarantor with respect to the Master Lease shall be primary, direct and immediate, and Landlord may proceed against Guarantor: (a) prior to or in lieu of proceeding against Tenant, its assets, any security deposit, or any other guarantor; and (b) prior to or in lieu of pursuing any other rights or remedies available to Landlord. All rights and remedies afforded to Landlord by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In the event of any default under the Master Lease, a separate action or actions may be brought and prosecuted against Guarantor whether or not Tenant is joined therein or a separate action or actions are brought against Tenant. Landlord may maintain successive actions for other defaults. Landlord’s rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and Obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.
University Liability The University is not responsible for any damage or injury to the Student or any other individual or property in University Housing beyond its control. The Student agrees that the University is not responsible for any damage or injury from any act of another resident or any other person. The Student agrees that the University is not responsible or liable to the Student for any personal property that is lost, stolen, or missing from University Housing. The Student shall be responsible for having adequate and appropriate insurance (i.e., homeowners supplemental insurance and/or renter’s insurance) to protect against any loss or damage to the Student’s personal property, University property and/or University Housing (e.g. fire caused by student).
Third Party Liability 23.1 For the purposes of the Contracts (Rights of Third Parties) Xxx 0000 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Professional Liability (Errors & Omissions Insurance with limits of not less than $1,000,000 each occurrence, $2,000,000 aggregate. Such insurance will cover all professional services rendered by or on behalf of PROVIDER and its subcontractors under this Agreement. Renewal policies written on a claims- made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, PROVIDER agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least three (3) years after the expiration of cancellation of this Agreement.
Independent Contractor; Workers’ Compensation Insurance The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership or joint venture agreement between the parties. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers’ compensation insurance for the Contractor’s employees, and shall provide the State with a Certificate of Insurance evidencing such coverage prior to starting work under this Contract.
PARTY LIABILITY Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
Warranty Liability Claims regarding the weight, the quantity and other obvious defects shall be reported immediately, at the latest, however, 2 weeks after receipt of the goods; hidden defects shall be reported in writing immediately after they have been detected. If the Purchaser does not report defects in time and if he does not provide immediately on request samples of the non-conforming goods, all claims for defects shall be void. Correct handling of a formal notice of complaint does not constitute renuncia- tion of compliance with this provision. All claims for defects which are not due to intent, even in case of hidden defects, shall be time-barred at the latest 12 months after delivery. In case of justified complaints, the Purchaser shall be entitled, at our choice, to free substitution or a credit note against return of the non-conforming goods. Should we refuse to eliminate defects or should we fall behind in our obligations, the Purchaser may grant us a reasonable period of grace; after it has elapsed without result, he may demand rescission of the contract or reduction of payment. Any further claims by the Purchaser arising from legislature and the contract, in particular damage unrelated to the deliv- ered item itself, shall not be accepted, with the exception of claims arising from intent or gross negligence. Replacement of the entire delivery or of the remaining partial delivery may not be demanded as a result of a faulty partial delivery. We may refuse elimination of defects as long as the Purchaser has not fulfilled his obligations to an appropriate extent. We shall be held liable for technical consultation or application and deploy- ment options regarding our products and of all the other relevant information by us or our vicarious agents only in case of explicit written undertaking, pro- vided that the Purchaser has provided us with the information required for cor- rect consultation. The Purchaser is obligated to verify that the goods ordered or suggested are suitable for the purpose envisaged by the Purchaser; we do not warrant suitability thereof. Quality and durability warranties have to be designated in detail as such expressly in writing. Such warranties shall be subject to the above-mentioned sections 2 and 3 to the extent that this is xx- xxxxx admissible. We shall only be held liable for damage if the undertaking pursued the purpose of safeguarding the Purchaser against the damage in- curred. In case of disputes regarding the reporting of defects, the Chamber of Industry and Commerce responsible for the supplier's factory shall designate an officially recognized expert body to issue an exert opinion or an analysis. The unsuccessful party shall bear all costs incurred due to the expert opinion or the analysis.
Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit.
Third Party Liability Insurance covering the legal liability of the Consultant and its employees in connection with this Agreement, towards third parties, for physical injuries and/or property damages which may arise as a result of the performance of this Agreement. The limit of liability thereof shall not be less than 250,000 Euro (€) for any one occurrence and in the aggregate for any annual insurance period. This policy shall be extended to indemnify ISR for its liability due to any act or omission of the Consultant in connection with the services, subject to a “Cross Liability” clause.
Insurance, Subcontractor's Public Liability and Property Damage The Contractor shall require each of its subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified in this Contract, or, the Contractor may insure the activities of its subcontractors in the Contractor’s policy, as specified in this Contract.
