Indemnification and Limitation of Damages. In light of the rapidly changing regulatory environment applicable to Services and the technological limitations involved in the provision of Services, DIGEX will NOT be responsible for the following, provided, however, DIGEX is in full compliance with all applicable laws and fully satisfying industry standards required of other Internet Service providers: (a) protecting from unauthorized access LCI Customers' transmissions facilities or LCI Customer-owned premise equipment, or for alteration, theft or destruction of LCI or LCI Customers' data files, programs, or information through any means; or (b) claims or damages caused by a LCI Customer (including relating to the transmissions or storage of defamatory content), to a third party through fault or negligence to perform LCI Customers' responsibilities; claims against a LCI Customer by any other party, or any act of omission of any third party furnishing services or products to LCI Customers. Subject to the limitations of the previous paragraph, DIGEX shall agree to indemnify and hold LCI harmless from and against claims, damages and liabilities (including reasonable attorney's fees and costs) asserted by a third-party which result directly from any breach by DIGEX, or by any of its employees or agents, of this Agreement or any of its representations, covenants or obligations as provided for in this Agreement, or from any act or omission of that party, its employees and agents. Notwithstanding anything to the contrary in this Agreement or the EXHIBITS or Appendices hereto, in no event will either party be liable to the other party for special, indirect or consequential damages, under any theory of recovery, unless such damages are part of an award to a third party for which indemnification is properly due hereunder.
Indemnification and Limitation of Damages. 6.1 Contractor agrees to indemnify, hold harmless, and defend CDF from and against any and all judgments, liabilities, damages, losses, expenses, and costs (including, but not limited to, court costs and reasonable attorney fees) incurred by CDF which relate to: (i) Contractor’s acts, willful misconduct or negligence in connection with this Agreement; or (ii) any accident, injury, or damage caused to any person or to the property of any person during the performance of Services hereunder.
Indemnification and Limitation of Damages. You agree to indemnify, defend and hold harmless us, our partners, employees, agents, officers, directors, affiliates and independent contractors from any and all claims, actions, suits or allegations for damages or losses to person or property due to the action of you or your guests in connection with your event, unless such damages or losses are attributable to our gross negligence or willful misconduct. Except as stated in the preceding sentence, neither of us is liable to the other for any incidental, consequential, indirect, special or punitive damages.
Indemnification and Limitation of Damages. INDEMNIFICATION BY SIDEWARE
Indemnification and Limitation of Damages. 13.1. Xxxxx MPM shall defend, indemnify and hold and maintain Lone Star, its Affiliates (other than Xxxxx MPM), and their officers, employees, directors and agent harmless, (including paying reasonable attorneys’ fees, costs, expenses and disbursements) from and against: any third party claim based on breach of warranty, strict liability, or products liability associated with any products manufactured by Xxxxx MPM under this Agreement.
Indemnification and Limitation of Damages. You agree to indemnify and hold Xxxxxxx Xxxxx, its Independent Sales Referral s, officers, directors harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out-of or relating to your use of the Sales Referral. Xxxxxxx Xxxxx shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program. Neither party has the right to create any obligation binding on the other except as expressly authorized in this Agreement.
Indemnification and Limitation of Damages. 12.1 VAR, at its expense, will defend, indemnify and hold Dynatrace, its Affiliates, licensors and their respective officers, directors and employees (“Dynatrace parties”) harmless from any and all claims brought by any third party (a “Third party Claim”), arising from or in connection with its activities under this Agreement, including but not limited to: (a) any act or omission of VAR, or any personnel or agents of either (the “VAR parties”) in connection with its performance under this Agreement, including as a result of negligence, willful misconduct or breach; (b) any VAR parties’ advertising or representations or warranties beyond those provided by Dynatrace’s written warranty in the Dynatrace End User License; (c) based on any VAR parties’ business or trade practices or any failure by any VAR parties to comply with any applicable laws; (d) any failure of any VAR parties to faithfully include all terms and conditions of the Dynatrace End User License within any Resale Agreement and obtain End User’s agreement to be bound thereby; (e) VAR parties’ use of the Dynatrace Marks; (f) VAR parties’ provision of any products or services not subcontracted from Dynatrace; or (g) any VAR parties’ misappropriation, infringement or violation of patents, trademarks, copyright, commercial or trade secrets, warranties or any third party’s privacy or other intellectual property rights. VAR will pay all damages, costs and expenses, including attorneys’ fees and costs (whether by settlement or judicial award) incurred by the Dynatrace Indemnified parties from any such Third-party Claim.
Indemnification and Limitation of Damages. 16 10.1 Indemnification. 16 10.2 Exclusion of Consequential Damages 17 10.3 Aggregate Liability 17 10.4 [Reserved]. 17 10.5 Insurance 17 ARTICLE 11 REPRESENTATIONS AND WARRANTIES 18 DM_US 163650811-8.107145.0012 11.1 Representations and Warranties 18 ARTICLE 12 MISCELLANEOUS 19 12.1 Assignment. 19 12.2 Authorization 19 12.3 Governing Law; Jurisdiction and Venue 19 12.4 Independent Contractor 19 12.5 Notice 20 12.6 Usage 20 12.7 Entire Agreement 21 12.8 Amendment 21 12.9 Confidential Information 21 12.10 Third Party Beneficiaries 22 12.11 Discharge of Obligations 22 12.12 Severability 22 12.13 Binding Effect 22 12.14 Right of Offset 22 12.15 No Liens 23 12.16 No Modification or Alteration of MOMA or Project Company LLC Agreement 23 DM_US 163650811-8.107145.0012 SECOND AMENDED AND RESTATED ADMINISTRATIVE SERVICES AGREEMENT THIS SECOND AMENDED AND RESTATED ADMINISTRATIVE SERVICES AGREEMENT (the "Agreement") is made as of December 23, 2019 (the “Effective Date”), by and among DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (the "Project Company"), and BLOOM ENERGY CORPORATION, a Delaware corporation (the "Administrator"). The Project Company and the Administrator are each referred to herein individually as a "Party" and collectively as the "Parties".
Indemnification and Limitation of Damages. In light of the rapidly changing regulatory environment applicable to Services and the technological limitations involved in the provision of Services, DIGEX will NOT be responsible for the following, provided, --- however, DIGEX is in full compliance with all applicable laws and fully satisfying industry standards required of other Internet service providers: (a) protecting from unauthorized access WINSTAR Customers' transmission facilities or WINSTAR Customer-owned premise equipment, or for alteration, theft, or destruction of WINSTAR or WINSTAR Customers' data files, programs, or information through any means, or (b) claims or damages caused by a WINSTAR Customer (including relating to the transmissions or storage of defamatory content), to a third party through fault or negligence of WINSTAR to perform WINSTAR Customers' responsibi- lities, claims against WINSTAR Customer by any other party, or any act of omission of any third party furnishing services or products to WINSTAR's Customers. Not withstanding anything to the contrary in this Agreement or the EXHIBITS or Appendices hereto in no event will either Party be liable to the other Party for special, indirect or consequential damages, under any theory of recovery, unless such damages are part of an award to a third party for which indemnification is properly due hereunder. Should DIGEX purchase insurance to cover slander and/or liable (defamation) claims, WINSTAR will be a named party for the term of this Agreement and for six years after.
Indemnification and Limitation of Damages
