Common use of Liability Indemnification and Insurance Clause in Contracts

Liability Indemnification and Insurance. Each Party's obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise. Nothing in this Agreement shall exclude or restrict: a Party’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6.. Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.

Liability Indemnification and Insurance. Each Party's obligations Renter agrees to conduct its activities upon the Premises so as not to endanger any person or property, including without limitation the Building and liabilities to the other arising out Premises and all furnishings, fixtures, or equipment thereon. Renter shall hold harmless, defend and indemnify the University of or in connection with the provision Utah and its trustees, officers, employees, and agents from and against any and all claims, losses, causes of the Services action, judgments, damages and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (expenses including, but not limited toto attorneys’ fees, direct bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this Agreement by Xxxxxx, (b) Renter’s use of and indirect lossactivities in connection with the Building and the Premises, economic lossor (c) any act, consequential losserror, loss or omission on the part of businessthe Renter, loss of revenueor its agents, loss of contractsemployees, loss of profitsinvitees, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity guests or common law, and for subcontractors who provide any materials or perform any operation relative to this Agreement except where such claims, demandslosses, awardscauses of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents. Renter warrants and represents that no artistic work or other property protected by copyright will be performed, reproduced or used in the performance of this Agreement unless Xxxxxx has previously thereto obtained written permission from the copyright holder. Renter will indemnify, save and hold harmless the University and its trustees, officers, agents, employees and servants from and against all claims, costs and expenses (including legal fees), demands, actions and liability of every kind and character whatsoever nature whether arising pursuant with respect to this Agreement or otherwisecopyright and Xxxxxx’s performance of artistic works. Nothing in this Agreement Renter shall exclude or restrict: secure and maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000 that lists the University of Utah as an additional insured. Renter agrees to provide a Partycertificate of insurance for its Commercial General Liability insurance to the SOD. Renter may also be required to provide evidence of other insurance coverages that are reasonable based on Renter’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or losses which are the result of any deliberate breach operations. The terms of this agreement by Section are a Party material part of the Agreement and shall survive its termination or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; Professional indemnity insurance for an amount of not less than €5,000,000 expiration for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6.. Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.