LIABILITY FOR NEGLIGENCE. ALL PARTIES TO THIS ELECTION SERVICES CONTRACT AGREE TO BE RESPONSIBLE, IN ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW, EACH FOR THEIR OWN NEGLIGENT ACTS OR OMISSIONS, OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS ELECTION SERVICES CONTRACT WITHOUT WAIVING ANY SOVEREIGN IMMUNITY, GOVERNMENTAL IMMUNITY, STATUTORY IMMUNITY, OR OTHER DEFENSES AVAILABLE TO THE PARTIES UNDER FEDERAL OR STATE LAW. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANY THIRD PERSONS OR ENTITIES. ALL PARTIES AGREE THAT ANY SUCH LIABILITY OR DAMAGES OCCURRING DURING THE PERFORMANCE OF THIS ELECTION SERVICES CONTRACT CAUSED BY THE JOINT OR COMPARATIVE NEGLIGENCE OF THE PARTIES, OR THEIR EMPLOYEES, AGENTS OR OFFICERS WILL BE DETERMINED IN ACCORDANCE WITH COMPARATIVE RESPONSIBILITY LAWS OF TEXAS, BUT ONLY TO THE EXTENT SUCH LAWS ARE APPLICABLE TO THE PARTY. TO THE EXTENT PERMITTED BY LAW, IF LEGAL ACTION IS FILED AGAINST A PARTY TO THIS ELECTION SERVICES CONTRACT, THAT PARTY SHALL BE SOLELY RESPONSIBLE FOR THEIR OWN RESPECTIVE COSTS AND DEFENSE OF THAT SUIT.
LIABILITY FOR NEGLIGENCE. To the fullest extent allowed by law, the individuals performing services pursuant to this Agreement shall be personally liable for negligent acts or omissions. To the fullest extent allowed by law, CONTRACTOR shall likewise be liable for negligent acts or omissions in the performance of services pursuant to this Agreement.
LIABILITY FOR NEGLIGENCE. OWNER agrees to indemnify, defend and save the COUNTY, its authorized agents, officers, representative and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken pursuant to this Agreement, including any allegation that the landscaping caused, or contributed to causing, death or injury to person or property.
LIABILITY FOR NEGLIGENCE. The Landlord shall not be chargeable with any liability by reason of negligence or otherwise for not making repairs to the Premises. In addition, Landlord shall not be liable for any damage, unless attributable to negligent acts of Landlord or its employees, to person or property that the Tenant assigns or any other person or persons may sustain on or about the Premises, whether caused by the use of the Premises, water, electricity, gas, heating or air-conditioning equipment or otherwise. The Premises shall be used solely by the Tenant in accordance with the terms of this Lease, and Tenant shall take the same responsibilities with respect to the Premises as if the Premises were its own. The Tenant agrees to indemnify, protect and hold Landlord harmless, at its own expense, against any and all claims which might arise against the Landlord by reason of Value America's use of the Premises during the Term. Initials /s/ RS. ---------
LIABILITY FOR NEGLIGENCE. Notwithstanding anything herein to the contrary. The Party that by negligence intentional act or failure to act where action is required under this Agreement causes damage, loss or destruction to any Product shall be liable to the other Party irrespective of the fact that title and risk of loss of such Product is incumbent upon such other Party.
LIABILITY FOR NEGLIGENCE. In order for a claim in negligence to be successful, a number of elements must be present: • There must be a duty to take care; this is decided in relation to the facts at issue in a particular case, or in other words, did this defendant owe a duty of care to this claimant. This involves the court considering whether it was reasonably foreseeable that the conduct of the defendant would cause damage to a class of persons including the claimant; whether there was a relationship of “proximity” between the parties (this may consist of various forms of closeness); and whether the situation was one in which the 20 HM Government, Common Sense, Common Safety, A report by Xxxx Xxxxx of Graffham to the Prime Minister following a Whitehall‑wide review of the operation of health and safety laws and the growth of the compensation culture, October 2010, p23 21 Cited on the NCVO website, What are the barriers to volunteering? [accessed 7 July 2014]
LIABILITY FOR NEGLIGENCE. The Customer Community shall indemnify, save and hold harmless the City of Mankato from any and all loss or damage to any property incurred by the City of Mankato by reason of any act or omission of the Customer Community, its agents or employees, in connection with the construction or operation and maintenance of the sanitary sewer system belonging to the Customer Community, unless the same shall be due to the negligence of the City of Mankato, its agents or employees. The City of Mankato shall indemnify, save and hold harmless the Customer Community from any and all loss or damage to any property incurred by the Customer Community by reason of any act or omission on the part of the City of Mankato, its agents or employees, in connection with the construction or operation and maintenance of the City of Mankato sanitary sewer system and Treatment System, unless the same shall be due to the negligence of the Customer Community, its agents or employees.
LIABILITY FOR NEGLIGENCE. Should the COMPANY and/or its agents or employees be found liable for loss or damages resulting from a failure to perform any of its obligations, including but not limited to negligence, breach of contract or otherwise, then the liability of the COMPANY and/or its agents and employees shall be limited to a sum equal to the amount of the fee paid by the CUSTOMER or agent on behalf of the CUSTOMER for the inspection and Report. Xxx Xxxxxx
LIABILITY FOR NEGLIGENCE. A recip- rocal waiver under paragraph (1) may not ab- solve any party of liability to any natural person (including, but not limited to, a natu- ral person who is an employee of the United States, the developer, the cooperating party, or their respective subcontractors) or such a natural person’s estate, survivors, or subrogees for negligence, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.
LIABILITY FOR NEGLIGENCE. Subject to paragraphs 4B (limitation of liability) and 4C (liability exclusion) below, LGICT shall only be liable for loss and/or damage arising out of and caused by negligent acts, errors or omissions of LGICT, its employees, agents or sub-contractors, whether or not may claim be brought against LGICT in contract or tort (including but not limited to a claim in negligence) or otherwise howsoever.
