Negligence or Misconduct Clause Samples
The Negligence or Misconduct clause defines the responsibilities and liabilities of parties in situations where harm or loss results from careless actions or intentional wrongdoing. Typically, this clause clarifies that a party will be held accountable for damages caused by their own negligence or misconduct, regardless of other contract limitations, and may exclude such acts from indemnity or liability caps. Its core function is to ensure that parties cannot avoid responsibility for harm caused by their own improper behavior, thereby promoting accountability and protecting the interests of the non-breaching party.
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Negligence or Misconduct. Employee and employer agree to mutually indemnify the other and to hold the other harmless from liability for loss, damage, or injury to persons or property resulting from any breach of this agreement by the other, the definition of said breach to include but not be limited to negligence, gross negligence, or other misconduct Trade Secrets
Negligence or Misconduct. Tenant shall neither release Landlord ------------------------ from, nor indemnify Landlord with respect to: (i) the negligence or willful misconduct of Landlord or its agents, employees, or contractors, or (ii) a breach of Landlord's obligations or representations under this Lease.
Negligence or Misconduct. Employee shall indemnify and hold Employer harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or misconduct of Employee.
Negligence or Misconduct. Organogenesis hereby indemnifies and holds Royce harmless from all losses, costs or damages (including attorney's fees) which Royce may be held liable to pay as a result of claims or suits arising out of any injuries or deaths to persons and/or damage to property arising from Organogenesis' negligence or misconduct with respect to the subject matter of this Agreement. Royce hereby indemnifies and holds Organogenesis harmless from all losses, costs or damages (including attorney's fees) which Organogenesis may be held liable to pay as a result of claims or suits arising out of any injuries or deaths to persons and/or damage to property arising from Royce' negligence or misconduct with respect to the subject matter of this Agreement.
Negligence or Misconduct. Employee and Employer shall mutually indemnify and hold each other harmless from all liability for loss, damage, or injury to persons or property resulting from any breach of this agreement by the other.
Negligence or Misconduct. Lessee shall neither release Lessor ------------------------ from, nor indemnify Lessor with respect to: (i) the negligence or willful misconduct of Lessor, the other occupants of the Building, or their respective agents, employees, contractors or invitee; or (ii) a breach of Lessor's obligations or representations under this Lease.
Negligence or Misconduct. No Indemnifying Party shall have any liability (whether direct or indirect, in contract or tort or otherwise) to any Indemnified Party if a court of competent jurisdiction has made a final, non-appealable finding, that a Claim (and related expenses) has resulted primarily from such Indemnified Party’s gross negligence or willful misconduct, such that the relevant losses or costs would not be indemnifiable or reimbursable under the Delaware Limited Liability Company Act, if such action was taken by the managers of a Delaware limited liability company.
Negligence or Misconduct. Ground Level Distribution agrees to indemnify, defend, and hold harmless Affiliate and its representataives, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or in- directly arising from or relating to Ground Level Distribution’s negligence or willful misconduct in performance of the Program or its breach of this Agreement. Affiliate will not be held respon- sible or liable for fulfillment of any orders placed by customers on the Ground Level Distribution Web site.