Liability and Claims Clause Samples

Liability and Claims. AmericaTowne shall in no circumstance be liable to Exporter or authorized users of the AmericaTowne Platform for any error, mistake, misuse, delay, loss or omission whatsoever and howsoever occurring in communications between them or the level of safety with which they are conducted. Exporter unconditionally and irrevocably undertakes that it will not make any claim either legal or equitable against the Company, its affiliates and/or agents for any losses, damages, costs or expenses that it may suffer or incur as a result of or otherwise in connection with such error, mistake, misuse, delay, loss or omission.

Liability and Claims. Claims against UNFPA arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the Basic Agreement; provided, however, that claims related to commercial contracts asserted by parties with which UNFPA has a signed contract will be handled in accordance with the terms of such contract. UNFPA does not assume liability with regard to any claims arising out of or relating to or connected with this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, or otherwise, unless caused by UNFPA’s failure to execute the procurement with reasonable diligence. UNFPA will under no circumstances be liable for any incidental, indirect or consequential damages or for lost revenues or profits arising as a result of UNFPA’s procuring the Supplies or performance of its obligations or exercise of its rights under this Agreement. UNFPA's total liability in any event will not exceed the value of the procurement of Supplies with respect to which a claim is made. UNFPA accepts no liability for any third party claims arising out of or related to this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, or otherwise, unless caused by UNFPA’s failure to execute the procurement. The Government indemnifies and will deal with, defend and hold UNFPA harmless in connection with any third party claim or other cause of action arising out of or relating to this Agreement. In case of dispute on the technical conformity or quality of WHO-approved pharmaceuticals, the Parties accept final assessment by WHO. The Government will be responsible for asserting all claims available to it either (a) automatically, pursuant to purchase contracts entered into by UNFPA; or (b) as a result of the terms under which UNFPA has procured the Supplies. UNFPA will provide all reasonable assistance to the Government in connection with such claims; provided, however, that UNFPA and the Government shall first reach agreement as to any costs to be incurred in that respect (including but not limited to counsel’s fees or court costs). Any compensation received by UNFPA from manufacturers, suppliers or shippers arising out of or related to contractual or other liability of such manufacturers, suppliers or shipp...

Liability and Claims. 14.1 Subject to multilateral and bilateral treaties and agreements of the Participants concerning liability for claims, when applicable, the following provisions will apply regarding liability arising out of, or in connection with, activities carried out in the performance of official duty in the execution of this MOU: 14.1.1 With the exception of claims for loss of or damage to Project Equipment, which are addressed in Section VIII (Project Equipment and Jointly Acquired Equipment), each Participant waives all claims against the other Participants for injury to or death of its military or civilian personnel (which do not include Project Contractors) and for damage to or loss of its property (including its interest in Jointly Acquired Equipment) caused by such personnel of another Participant. If, however, such injury, death, damage, or loss results from reckless acts or reckless omissions, willful misconduct or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 14.1.2 Claims from any other persons (either individuals or entities) for injury, death, damage or loss of any kind caused by one of the Participants’ personnel will be processed by the most appropriate Participant, as determined by the Participants. Any costs determined to be owed the claimant will be borne by the Participants in proportion to their financial contributions, as specified in Section V (Financial Provisions), for the work out of which the claim arose. If, however, such liability results from the reckless acts or reckless omissions, willful misconduct or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 14.2 If a person or entity, other than the Participants (including their personnel), damages Jointly Acquired Equipment, and the cost of making good such damage is not recoverable from such person or entity, such cost will be borne by the Participants in proportion to their financial contributions, as specified in Section V (Financial Provisions), for the work for which the Jointly Acquired Equipment was obtained. 14.3 Claims arising under any Contract awarded under this MOU will be resolved in accordance with the provisions of that Contract.

Liability and Claims. To the extent permitted by law: (a) It is your responsibility to obtain suitable travel insurance to cover the booking costs in the event of unforeseen circumstances (for instance the cancellation of the booking). It is your responsibility as the guest to ensure that the insurance purchased is adequate and appropriate for your particular needs. (b) Coffs Coast Accommodation will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement , the accommodation or the rental (whether such loss arises as a result of Coffs Coast Accommodation's negligence or otherwise). (c) Coffs Coast Accommodation's liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Licence Period or the amount of the accommodation fees and charges payable by you, whichever is the higher amount. (d) Nothing in this clause limits or excludes the liability of Coffs Coast Accommodation for death or personal injury arising as a result of their negligence or the negligence of their agents or employees. (e) Neither Coffs Coast Accommodation nor any other party involved in creating, producing, or delivering the Coffs Coast Accommodation platform and/or the properties for letting will be liable for any damage to your personal property or belongings, service interruption or system failure or any damages of a personal nature including, but not limited to physical injury, emotional distress or any other medical episode arising out of the use of the Coffs Coast Accommodation platform and/or properties.

Liability and Claims. Any claims made by you under this Agreement must be made initially through WRP. In accordance with WRP’s rules and the Guest Services Agreement, WRP has the authority to negotiate and settle claims. You agree that WRP will not have any liability for any business, financial, or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings, or lost opportunity arising as out of or in connection this Agreement, the Accommodation, or the Booking (whether such loss arises as a result of negligence, breach of contract, tort, or otherwise by WRP or any agent or Third Party providing services on behalf of WRP). This Agreement, WRP’s rules, and your agreement with any Third Party Supplier set forth your relationship with each of the foregoing and the limitations of liability relating thereto. Subject to any exceptions set forth in applicable law, WRP’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Accommodation Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and WRP is not responsible for any accidents, injuries, illness and deaths that occur on, in, around or from the Accommodation or for any loss of your personal belongings or valuables. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.

Liability and Claims. 11.2.1. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of the Owner's approval of the Final Certificate of Payment. 11.2.2. The Owner and the Design Professional waive all rights against each other and against the Contractor, consultants, agents, and employees of the other for damages covered and paid by any property insurance during construction as set forth in the Conditions of the Contract for Construction, as provided as a part of Exhibit G of this Agreement. The Owner and the Design Professional each shall require appropriate similar waivers from their Contractor, consultants, and agents. 11.2.3. As between the parties, each party acknowledges that it will be responsible for claims or damages arising from personal injury or damage to persons or property to the extent they result from negligence of its employees or agents. The liability of the Owner, the PSFA and the State of New Mexico shall be subject in all cases to the immunities and limitations of the New Mexico Tort Claims Act, Section 41- 41-1 et seq., NMSA 1978, as amended.

Liability and Claims. Claims against UNFPA arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the Basic Agreement; provided, however, that claims related to commercial contracts asserted by parties with which UNFPA has a signed contract will be handled in accordance with the terms of such contract.

Liability and Claims. 6.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS CONTRACT, SELLER’S AND ANY OF SELLER’S AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT INCLUDING WITHOUT LIMITATION FOR BREACH OF THIS CONTRACT, BREACH OF WARRANTY, BREACH OF STATUTORY DUTY, OR TORT (INCLUDING SELLER’S OR ITS AFFILIATES’ NEGLIGENCE), SHALL NOT EXCEED THE PRICE OF THE RELEVANT QUANTITY OF PRODUCT IF DELIVERED, OR IF LIABILITY ARISES FROM A FAILURE TO DELIVER, THE PRICE OF THE RELEVANT QUANTITY OF PRODUCT HAD IT BEEN DELIVERED.

Liability and Claims. Claims against UNICEF arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the BCA; provided however that claims related to commercial contracts asserted by parties with which UNICEF has a signed contract will be handled in accordance with the terms of such contract. UNICEF does not assume liability with regard to any claims arising out of or relating to or connected with this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, the providing of the Services, or otherwise, unless caused by UNICEF’s failure to execute the procurement or provide the Services if any with reasonable diligence. UNICEF will under no circumstances be liable for any incidental, indirect or consequential damages or for lost revenues or profits arising as a result of UNICEF’s procuring the Supplies, providing the Services, or performance of its obligations or exercise of its rights under this Agreement. UNICEF's total liability in any event will not exceed the value of the procurement of Supplies and Services with respect to which a claim is made.