LIABILITY, INDEMNITY AND INSURANCES Clause Samples

The 'Liability, Indemnity and Insurances' clause defines the responsibilities of each party regarding legal liability, financial protection, and insurance coverage in the event of loss, damage, or claims arising from the contract. It typically outlines the extent to which each party is liable for damages, the obligation to compensate the other party for certain losses (indemnity), and the types and minimum levels of insurance that must be maintained throughout the contract term. This clause serves to allocate risk between the parties, ensure that adequate financial safeguards are in place, and clarify how potential claims or losses will be managed.
LIABILITY, INDEMNITY AND INSURANCES. 14.1 Nothing in this Agreement shall limit or exclude the liability of either Party for: 14.1.1 death or personal injury resulting from its negligence; 14.1.2 fraud or fraudulent misrepresentation; 14.1.3 the deliberate default or wilful misconduct of that Party, 14.1.4 a breach of the Data Protection Act; 14.1.5 any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; and/or 14.1.6 any other matter in respect of which, as a matter of Law, liability cannot be excluded or limited. 14.2 Subject to Clause 14.1, neither Party shall be liable to the other Party, whether in Agreement (including under any indemnity), tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: 14.2.1 loss of profits, business, revenue, or anticipated savings; 14.2.2 damage to goodwill; 14.2.3 special, indirect or consequential damage or losses. 14.3 Datatank’s total liability under or arising in respect of this Agreement, except as provided by clause 14.1, shall be limited to 200% of the amount paid under this Agreement in the 6 month period immediately preceding the date on which the cause of action arose. 14.4 Datatank shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by Datatank as follows: 14.4.1 professional indemnity insurance cover in a sum of not less than (£2,000,000) two million Pounds Sterling per occurrence and unlimited in respect of the number of occurrences covered by such insurance during any one insurance period; 14.4.2 public liability insurance cover in a sum of not less than (£5,000,000) five million Pounds per occurrence and unlimited in respect of the number of occurrences covered by such insurance during any one insurance period; 14.4.3 employer’s liability insurance in the sum of (£10,000,000) ten million Pounds Sterling per occurrence and unlimited in respect of the number of occurrences covered by such insurance during any one insurance period. 14.5 Datatank shall produce evidence of such insurance and payment of the current premium to the Authority on request. 14.6 If Datatank does not maintain the necessary insurances under the Agreement the Authority may insure against any risk in respect of the default and may charge Datatank the cost of such insurance together with a reasonable admi...
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LIABILITY, INDEMNITY AND INSURANCES. 11.1 Exclusions and limitations on TCA’s liability (a) TCA excludes all conditions, warranties and terms implied by statute, general law or custom, except any non-excludable condition that exists under the Trade Practices Act 1974 (Cth) or other legislation. (b) TCA gives no warranty to the IAP Service Provider in respect of the number of vehicles that will participate in the IAP from time to time. (c) Subject to clause 11.1(d): (i) TCA hereby excludes any liability for any Claim that may arise out of contract, tort, statutory provision or otherwise that would otherwise accrue to the IAP Service Provider for any matter in relation to this Agreement; and (ii) without limiting subclause 11.1(c)(i), TCA hereby excludes all liability in relation to, or in connection with: (A) any cancellation of the IAP Service Provider’s Certification to provide IAP Services; and (B) any law, or Government Agency decision, including any decision of any road authority, to cancel or abandon the IAP, or to adopt in addition to or in substitution for the IAP, any other vehicle monitoring program. (d) TCA’s liability to the IAP Service Provider for breach of any non-excludable condition, warranty or term (other than one implied by the Trade Practices Act) is limited to the cost of the application fee for Certification.
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LIABILITY, INDEMNITY AND INSURANCES. 14.1 Nothing in this Agreement shall limit or exclude the liability of either Party for: 14.1.1 death or personal injury resulting from its negligence; 14.1.2 fraud or fraudulent misrepresentation; and/or 14.1.3 the deliberate default or wilful misconduct of that Party, 14.1.4 a breach of the Data Protection Act 14.2 Subject to Clause 14.1, neither Party shall be liable to the other Party, whether in Agreement (including under any indemnity), tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: 14.2.1 loss of profits; 14.2.2 damage to goodwill and/or reputation; 14.2.3 special, indirect or consequential damage or losses. 14.3 Datatank’s total liability under or arising in respect of this Agreement, except as provided by clause 14.1, shall be limited to […] 14.4 Datatank shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by Datatank as follows [….]
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LIABILITY, INDEMNITY AND INSURANCES. The Independent Contractor hereby indemnifies the Company, its affiliates, shareholders, directors, officers, agents, representatives, employees, consultants and professional advisers from and against all actions, claims, demands, proceedings, investigations, liabilities or judgements (collectively “claims”) and any and all losses, damages, costs, charges and expenses and including all costs, expenses and fees incurred or sustained by the Company which arise from or are connected with investigating, preparing or defending any such claim, of whatever nature and in whatever jurisdiction, and which relate to or arise, directly or indirectly, from the provisions of this Agreement. Generally, the Independent Contractor undertakes to take out such short-term insurance policies that the Company may require in its reasonable discretion. It is specifically stated and agreed that even where the Company does not act in the latter regard, this shall not in any way dilute or negate the responsibility that rests with the Independent Contractor of ensuring that the necessary insurance policies are in place. Generally insurance shall be taken to cover any damage to any of the Company’s property in the possession of the Independent Contractor. Specifically, and without limiting the Independent Contractor’s liabilities or responsibilities in terms of this Agreement, the Independent Contractor will at the very least provide the following insurance to cover its liability and responsibilities: insurance in terms of the Compensation for Injuries and Diseases Act, No. 130 of 1993, as amended. The Independent Contractor will, upon request from the Company, submit proof to the satisfaction of the Company that it is insured under the Compensation for Injuries and Diseases Act by providing the Company with adequate proof stating that it has paid all assessments due; insurance covering common law liability of the Independent Contractor; legal liability insurance cover in respect of claims for death of and/or injury to persons or loss of and/or damage to third-party property; motor vehicle liability insurance in respect of all motor vehicles brought onto the premises of the Company. The Company will have the right, but not the obligation, to examine the policies maintained by the Independent Contractor at any time before or during this Agreement. Any liability of the Company hereunder, howsoever arising, shall be limited to an amount of R________________ (_________ Rand); additionally...
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Related to LIABILITY, INDEMNITY AND INSURANCES

  • LIABILITY, INDEMNITY AND INSURANCE 13.1 The Training Provider is solely responsible for carrying out its obligations under this Contract and the Department is in no way liable for the actions of the Training Provider or the Training Provider Personnel. 13.2 The Training Provider releases the Department from all liabilities and Claims directly or indirectly incurred or suffered by the Training Provider or the Training Provider Personnel arising from or in connection with the Department's exercise (or purported exercise in good faith) of its rights, powers and functions under this Contract, including termination of this Contract under Clause 17. 13.3 To the maximum extent permitted by ▇▇▇, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (on behalf of whom the Department has agreed this Clause 13.3) from and against all Loss which it or they may incur or suffer and all Claims which may be brought or made against it or them by any third party arising out of or in connection with: a) the provision of, or failure to provide, Training Services by or on behalf of the Training Provider; b) any act or omission of the Training Provider, its officers, employees, agents or subcontractors in connection with this Contract, the Funds or the provision of the Training Services; c) any breach by the Training Provider of any obligation under this Contract (including breach of any warranty given under this Contract, and whether or not the breach is a Material Breach) or at Law; d) any negligent, fraudulent, reckless, wilfully wrongful, unlawful or other wrongful act or omission of the Training Provider or any Training Provider Personnel as a result of the provision of the Training Services or otherwise in connection with this Contract; e) the loss of, or damage to, any property (including property of the Department) or data as a result of the provision of the Training Services or otherwise in connection with this Contract; f) the death of, disease or injury to any person as a result of the provision of the Training Services or otherwise in connection with this Contract; g) any infringement, or alleged infringement, of any Intellectual Property Rights by the Training Provider or any Training Provider Personnel that occurs directly or indirectly as a result of the provision of the Training Services or otherwise in connection with this Contract; or h) the Training Provider suspending or otherwise ceasing to deliver the Training Services for any Skills First Student before their completion or withdrawal from a program, including as a result of the Training Provider having a liquidator appointed to it. Loss incurred by the Department in this instance includes Loss incurred as a result of the Department taking steps to assist Skills First Students to transfer to another registered training organisation to continue the training they commenced under this Contract, and may include funding the delivery of that training by that other registered training organisation. 13.4 The Training Provider's liability to indemnify the Department under Clause 13.3 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission of the Department has directly caused the relevant Loss or Claim. 13.5 The Department will not have any liability to the Training Provider for any indirect, special or consequential Loss arising out of breach of this Contract. 13.6 The Training Provider must, at its own expense: a) take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability (of not less than $20 million per event), professional liability and indemnity, and property insurances; b) maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes, and not do any thing to jeopardise indemnity under an insurance policy. 13.7 The Training Provider must: a) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover, and any other evidence of insurances maintained; and b) immediately notify the Department via the SVTS if any insurance is cancelled, any insurance details change or an insurer refuses to indemnify it.

  • Indemnity and Insurance A. Contractor agrees that it will at all times during the existence of this contract indemnify Agency against any and all loss, damages, and costs or expenses which Agency may sustain, incur, or be required to pay by reason of any eligible client’s suffering, personal injury, death or property loss resulting from participating in or receiving the care and services to be furnished by the Contractor under this contract; however, the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by Agency. B. In order to protect itself and Agency, its officers, boards, commissions, agencies, employees, and representatives under the indemnity provisions of this contract, Contractor shall obtain, and at all times during the term of this contract keep in full force and effect comprehensive general liability and auto liability insurance policies (as well as professional malpractice or errors and omissions coverage, if the service being provided are professional services). The policy or policies shall be issued by a company or companies authorized to do business in the State of Wisconsin and licensed by the Wisconsin Office of the Commissioner of Insurance, with liability coverage provided for therein in the following amounts: comprehensive general liability of at least $1,000,000.00 CSL (Combined Single Limits) and auto liability of at least $500,000 CSL. Coverage afforded shall apply as primary. If Contractor receives any claim or legal process based on an act, error or omission related to services rendered under the terms of this Contract or has reason to believe a demand for damages may be made, Contractor shall immediately notify Agency. C. Agency shall be given ten (10) days advance notice of cancellation or non- renewal. Upon execution of this contract, Contractor shall furnish Agency with a certificate of insurance listing Agency as an additional insured and, upon request, certified copies of the required insurance policies. D. If Contractor’s insurance is underwritten on a Claims-Made basis, the retroactive date shall be prior to or coincide with the date of this contract, the Certificate of Insurance shall state that coverage in Claims-Made and indicate the retroactive date, Contractor shall maintain coverage for the duration of this Contract and for two years following the completion of this contract. 1. Contractor shall furnish Agency, annually on the policy renewal date, a Certificate of Insurance as evidence of coverage. 2. It is further agreed that Contractor shall furnish the Agency with a Thirty, (30) day notice of aggregate erosion, in advance of the retroactive date, cancellation, or renewal. 3. It is also agreed that on Claims-Made policies, either Contractor or Agency may invoke the tail option on behalf of the other party and that the Extended Reporting Period premium shall be paid by Contractor. E. In the event any action, suit or other proceeding is brought against Agency upon any matter herein indemnified against, Agency shall give reasonable notice by registered mail to the Contractor and shall cooperate with Contractor’s attorneys in the defense of the actions, suit, or other proceeding. F. Contractor shall furnish evidence of adequate Worker’s Compensation Insurance.

  • LIABILITY AND INSURANCE Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.

  • Liability & Indemnity Neither we nor the Manager, or our respective employees, agents and affiliates, will be liable to you or any of your guests for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of you or other persons, including without limitation theft, burglary, assault, vandalism, or other crimes, or your personal conflict with your roommates. We have no duty to remove ice, sleet or snow, but we may do so in whole or in part, with or without notice to you. EXCEPT FOR LANDLORD’S LIABILITY ARISING UNDER APPLICABLE LAW, YOU, FOR YOURSELF AND FOR YOUR GUESTS, RELEASE US AND THE MANAGER, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNEES AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES (collectively, the “RELEASED PARTIES”) FROM ANY AND ALL ACTIONS, CLAIMS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES (i) FOR LOSS OR THEFT OF YOUR OR YOUR GUEST’S PERSONAL PROPERTY AND/OR AN OWNED OR OPERATED VEHICLE, AND/OR (ii) WHICH MAY ARISE OUT OF ANY ACCIDENTS OR INJURIES TO YOU, MEMBERS OF YOUR FAMILY OR YOUR GUESTS, IN OR ABOUT THE PREMISES, THE APARTMENT, THE BUILDING OR THE APARTMENT COMMUNITY, EVEN IF SUCH CLAIM OR DAMAGE WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES. YOU ASSUME FOR YOURSELF AND ALL MEMBERS OF YOUR FAMILY AND YOUR GUESTS, ANY AND ALL RISKS IN CONNECTION WITH USE OF THE PREMISES INCLUDING THE BEDROOM, APARTMENT, THE COMMON AREAS, THE APARTMENT COMMUNITY OR THE APARTMENT COMMUNITY’S RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE GRATUITOUSLY SUPPLIED FOR YOUR USE, AND AT THE USER’S SOLE RISK.

  • Insurance and Indemnification (a) Parent agrees that all rights to indemnification and advancement of expenses for acts or omissions occurring prior to the Effective Time (including for acts or omissions of directors occurring prior to the Effective Time in connection with the adoption of this Agreement and the approval of the Transactions) now existing in favor of the current or former directors or officers of the Company and the Company Subsidiaries, and their respective heirs and representatives (each an "Indemnified Party"), provided in the Company Organizational Documents or Subsidiary Organizational Documents and any indemnification agreements or arrangements of the Company and the Company Subsidiaries or as to the fullest extent permitted by law shall survive the Merger and shall continue in full force and effect in accordance with their terms for a period of six years following the Effective Time. Parent shall cause to be included and to be maintained in effect in the Surviving Corporation's (or any successor's) certificate of incorporation and by-laws, during such six-year period following the Effective Time, provisions regarding elimination of liability of directors, indemnification of officers and directors and advancement of expenses which are, in the aggregate, no less advantageous to the Indemnified Parties than the corresponding provisions contained in the Company Organizational Documents. (b) Parent or the Surviving Corporation shall maintain the Company's existing officers' and directors' liability insurance ("D&O Insurance") for a period of not less than three years after the Effective Time; provided, however, that Parent may substitute therefor policies of substantially equivalent coverage and amounts containing terms no less favorable to such former directors or officers; provided further, that if the existing D&O Insurance expires or is terminated or cancelled during such period, then Parent or the Surviving Corporation shall use reasonable best efforts to obtain substantially similar D&O Insurance or, if not obtainable, Parent shall obtain as much D&O Insurance as can be obtained for an annual premium not in excess of 200% of the average of the premiums paid by the Company in 1998, 1999 and 2000 for D&O Insurance (the "Average Premium"); provided further, however, that in no event shall Parent be required to pay annual premiums for insurance under this Section 7.6(b) in excess of 200% of the Average Premium; and provided, further, that if Parent or the Surviving Corporation is unable to obtain the amount of insurance required by this Section 7.6(b) for such annual premium, Parent or the Surviving Corporation shall obtain as much insurance as can be obtained for an annual premium not in excess of 200% of the Average Premium. The premium for D&O Insurance for the 12-month period ending May 2002 is set forth on Section 7.6(b) of the Company Disclosure Schedule.