Liability for Damages Sample Clauses

Liability for Damages. 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages.
Liability for Damages. Nothing in this Section shall preclude the Borrower or any Lender from asserting against any LC Issuing Bank any claim for direct (but not consequential) damages suffered by the Borrower or such Lender to the extent, but only to the extent, caused by (A) the willful misconduct or gross negligence of such LC Issuing Bank in determining whether a request presented under any Letter of Credit issued by it complied with the terms thereof or (B) such LC Issuing Bank's failure to pay under any such Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions thereof.
Liability for Damages. Neither the Security Agent nor the Pledgees shall be liable for any loss or damage suffered by the Pledgor save in respect of such loss or damage which is suffered as a result of the gross negligence (grobe Fahrlässigkeit) or wilful misconduct (Vorsatz) of the Security Agent.
Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneysfees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consulta...
Liability for Damages. The contracting party cannot be held liable for any damage caused or sustained by the expert or a third party during or as a consequence of performing the Contract, except in the event of the contracting party’s wilful misconduct or gross negligence.
Liability for Damages. UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT, LIABILITY FOR LOSSES, DAMAGES, COSTS, EXPENSES OR CLAIMS INVOLVING ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT OR AFFECTING THE CONTRACT AREA WHICH ARE NOT COVERED BY OR IN EXCESS OF THE INSURANCE CARRIED FOR THE JOINT ACCOUNT SHALL BE BORNE BY EACH PARTY IN PROPORTION TO ITS PARTICIPATING INTEREST SHARE IN THE ACTIVITY OR OPERATION OUT OF WHICH THAT LIABILITY ARISES, EXCEPT TO THE EXTENT LIABILITY RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, IN WHICH CASE THAT PARTY SHALL BE SOLELY RESPONSIBLE FOR LIABILITY RESULTING FROM ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Liability for Damages. We will not be liable to you in contract or in tort or out of breach of statutory duty or custom or in any other way for any loss, damage or inconvenience incurred howsoever arising except to the extent that there has been negligence on our part or fraud on our part, even if we have been previously advised of the possibility of such damages. We shall be under no liability of any sort, however arising or caused to you, and shall not in any circumstances, in particular whether we were negligent or not, be liable for any indirect, consequential, special aggravated, punitive or exemplary damages, whether in contract or in tort or out of breach of statutory duty or custom or in any other way. We will not be liable to you, in any circumstances, in particular whether we were negligent or not for any loss or damage suffered by you resulting from:
Liability for Damages. 10.1 KDIC may request Kyongnam to claim for damages against any former or incumbent officers or employees, any persons who instructs conduct of business under Article 401-2 of the Commercial Code or any other third party who have caused damages to Kyongnam (collectively, the “Responsible Persons” in Section 10.1), in KDIC’s opinion, by his/her negligence or misconduct in the course of performing their duties under the Civil Code, Commercial Code or any other applicable laws and regulations, or to take any actions requiring for such Responsible Persons to take a responsibility for insolvency of Kyongnam. In this case, Kyongnam shall immediately take such measures as requested by KDIC and report to KDIC the proceedings and results thereof.