Common use of Losses and Damages Clause in Contracts

Losses and Damages. The Contractor is responsible for all University property or data that the Contractor uses or holds. The Contractor will promptly compensate the University for any loss or damage to such items, to the University’s reasonable satisfaction. The Contractor represents and warrants to the University that the Contractor has the right to use all Course Materials supplied by the Contractor (whether because the Contractor owns such Course Material or has a license or some other right to use such Course Material in connection with this contract). Without limiting the foregoing, the Contractor and the Contractor will jointly and severally indemnify the University and its past, present and future governors, officers, council members, employees, and agents (the “Indemnified Parties”) from and against any and all expenses, losses, damages, or liabilities (including reasonable legal fees and expenses) relating to (i) breach by the Contractor, Instructor, or any Contractor employee, agent, or sub-contractor of any provision in this contract; or (ii) any claim or action (including regarding injury or death of persons and/or damage or destruction of property) against the Indemnified Parties by any third party in connection with this contract. IN NO EVENT WILL THE UNIVERSITY BE LIABLE TO THE CONTRACTOR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Losses and Damages. The Contractor is responsible for all University property or data that the Contractor uses or holdsholds . The Contractor will promptly compensate the University for any loss or damage to such items, to the University’s reasonable satisfaction. The Contractor represents and warrants to the University that the Contractor has the right to use all Course Materials supplied by the Contractor (whether because the Contractor owns such Course Material or has a license or some other right to use such Course Material in connection with this contract). Without limiting the foregoing, the Contractor and the Contractor will jointly and severally indemnify the University and its past, present and future governors, officers, council members, employeesemployees , and agents (the “Indemnified Parties”) from and against any and all expenses, losses, damagesdamages , or liabilities (including reasonable legal fees and expenses) relating to (i) breach by the Contractor, Instructor, or any Contractor employee, agent, or sub-contractor of any provision in this contract; or (ii) any claim or action (including regarding injury or death of persons and/or damage or destruction of property) against the Indemnified Parties by any third party in connection with this contract. IN NO EVENT WILL THE UNIVERSITY BE LIABLE TO THE CONTRACTOR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.