Liability of the Consultant. 3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable Laws and the provisions hereof.
Liability of the Consultant. 1. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the University that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney's fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the State University Construction Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractors or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the State University Construction Fund, its agents, officers, and employees, or third parties arising out of or resulting from this Agreement, the performance of the services, or the work.
Liability of the Consultant. 24.1 Subject to additional provisions, if any, set forth in the SCCC, the Consultant’s liability under the Call-Off Contract shall be as determined under the Applicable Law.
Liability of the Consultant. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the Fund that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents, and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney’s fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractor or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the Fund, its agents, officers, and employees, or third parties arising out of or resulting from the Agreement, the performance of the services, or the work. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the Fund, its agents, officers and employees for breach of contract not related to professional services. The Consultant represents it and its subconsultants, subcontractors, agents, employees and officers shall possess the license, experience, knowledge and character necessary to qualify them individually for the particular duties they perform in connection with the Project. For the purpose of this Agreement, the terms “inspection” and/or “administration” shall not be interpreted as the Consultant’s guarantee of any contractor’s workmanship or that such contractors will not breach their construction contract. Prior to the commencement of the work to be performed by the Consultant, the Consultant shall submit to the Fund, certificates of i...
Liability of the Consultant. The Consultant shall be responsible for, and shall indemnify the Client from and against any and all claims, losses and damages incurred by the Consultant during or in connection with the Services, caused by intentional or negligent act of the Consultant.
Liability of the Consultant. The Consultant shall be liable to the Client for any breach of the obligations of the Consultant under this Agreement. However, the Consultant's liability to compensate the Client in respect of any damage or loss shall be limited to the total amount of his remuneration under this Agreement, provided that the liability of the Consultant shall not be subject to such limit in the event of damage or loss suffered by the Client as a result of gross negligence or wilful default in the performance of his obligations by the Consultant or his personnel.
Liability of the Consultant. Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability under this Contract shall be as provided by the laws of the Republic of the Philippines.
Liability of the Consultant. In furnishing the Company with advice and other services as herein provided, neither the Consultant nor any officer, director or agent thereof shall be liable to the Company or its creditors for errors of judgment or for anything, except for the Consultant's gross negligence or intentional or willful misconduct in the performance of its duties under this Agreement.
Liability of the Consultant. 11.1 The Consultant shall be responsible for any negligent faults in the Services, provided that such faults do not arise from inaccurate or defective information furnished by the Client, its agents, directors, officers, employees or servants. The Consultant shall, at its own expense, re-perform the Services to the extent necessary to remedy such faults provided that the Client shall have given written notice of those faults to the Consultant within a period of six (6) months from completion of Services. Performance of the Consultant's obligations under this Clause 11.1 shall represent full satisfaction of the Consultant's liability for any such faults.
Liability of the Consultant. The Consultant shall not be liable to the Corporation or any shareholder thereof for any loss or damage suffered by the Corporation or any shareholder thereof, as the case may be, which arises out of any action or inaction of the Consultant if such course of conduct did not constitute bad faith, gross negligence, wilful misconduct, wilful neglect, default or a material failure to comply with applicable laws, regulations or restrictions and the provisions set forth in this Agreement, and if the Consultant, in good faith, determined that such course of conduct was in the best interests of the Corporation. The Corporation acknowledges and agrees that the Consultant shall not be responsible for any loss of opportunity whereby the value of any of the property or assets of the Corporation, including its holdings in Sprott Resource Lending Partnership, could have been increased nor shall it be responsible for any decline in value of the property or assets of the Corporation, including its holdings in Sprott Resource Lending Partnership, unless such decline is the result of the Consultant’s bad faith, gross negligence, wilful misconduct, wilful neglect, default or a material failure to comply with applicable laws, regulations or restrictions and the provisions set forth in this Agreement or wilful failure to comply with express directions given by resolution of either the Board (or a committee thereof) or the shareholders of the Corporation. The Consultant may rely and act upon any statement, report or opinion prepared by or any advice received from auditors, solicitors, notaries or other professional advisors of the Corporation and shall not be responsible or held liable for any loss or damage resulting from relying or acting thereon, if the advice was within the area of professional competence of the person from whom it was received and the Consultant acted reasonably in relying thereon. The Consultant hereby acknowledges and agrees that the obligations of the Corporation hereunder are not personally binding upon the shareholders of the Corporation, or the agents of the Corporation, and that the Consultant shall not resort to or seek redress, recourse or satisfaction from the private property of any of the foregoing, whether the liability be based on contract, tort or otherwise. The Consultant agrees that only the Corporation and property held by the Corporation shall be bound by and subject to the obligations and liabilities arising out of this Agreement.
