Common use of Immunity or Defense Clause in Contracts

Immunity or Defense. It is expressly understood and agreed by all Parties that neither the execution of this Agreement, nor any conduct of any Representative, shall be considered to waive, nor shall it be deemed to have waived, any immunity or defense that would otherwise be available to that Party against claims arising in the exercise of its governmental powers and functions, nor shall it be considered a waiver of sovereign immunity to suit. It is understood and agreed that a decision by one Party to waive immunity or to compensate a claim for which immunity would have been a defense and would have operated to prevent payment does not operate as a waiver or decision to compensate by the other Parties; nor will such action by one Party operate to incur any expense or charge to the other Parties.

Appears in 2 contracts

Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement

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Immunity or Defense. It is expressly understood and agreed by all Parties parties that neither the execution of this Agreement, Agreement nor any conduct of any Representative, representative of City or Central Health relating to this Agreement shall be considered to waive, nor shall it be deemed to have waived, any immunity or defense that would otherwise be available to that Party entity against claims arising in the exercise of its governmental powers and functions, nor shall it be considered a waiver of sovereign immunity to suit. It is understood and agreed that a decision by one Party to waive immunity or to compensate a claim for which immunity would have been a defense and would have operated to prevent payment does not operate as a waiver or decision to compensate by the other PartiesParty; nor will such action by one Party operate to incur any expense or charge to the other PartiesParty.

Appears in 2 contracts

Samples: Agreement, Agreement

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Immunity or Defense. It is expressly understood and agreed by all Parties parties that neither the execution of this Agreement, Agreement nor any conduct of any Representative, representative of City or Integral Care relating to this Agreement shall be considered to waive, nor shall it be deemed to have waived, any immunity or defense that would otherwise be available to that Party entity against claims arising in the exercise of its governmental powers and functions, nor shall it be considered a waiver of sovereign immunity to suit. It is understood and agreed that a decision by one Party to waive immunity or to compensate a claim for which immunity would have been a defense and would have operated to prevent payment does not operate as a waiver or decision to compensate by the other PartiesParty; nor will such action by one Party operate to incur any expense or charge to the other PartiesParty.

Appears in 1 contract

Samples: Agreement

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