No Exclusion. Neither Party excludes any liability for death or personal injury caused by its negligence or that of its employees, agents or sub-contractors.
No Exclusion. SCHOOL represents and warrants that SCHOOL and its representatives (including Students and SCHOOL Instructors, if applicable) are not: (1) currently excluded, debarred, or disqualified by any federal governmental agency or program or otherwise ineligible from receiving federal contracts or assistance; (2) present on the exclusion database of the Office of the Inspector General or the Government Services Administration; or (3) convicted of a criminal offense related to the provision of health care or under investigation for any of the above circumstances.
No Exclusion. The foregoing remedies shall be in addition to and shall not exclude any other remedy available to Landlord at law or in equity.
No Exclusion. Consultant represents and warrants that neither Consultant nor any parent or affiliate of Consultant nor any Consultant Staffer assigned to perform the services has been suspended, disqualified, debarred or otherwise excluded from or declared ineligible to bid or perform work for any governmental agency or otherwise prohibited from participation in any federal or state program, including Medicare or Medicaid (collectively, “Program”), and to the best of its knowledge, there are no pending or threatened civil anti-trust or criminal investigations or pending or threatened debarments, suspensions or exclusions of any of the foregoing from any Program. Consultant covenants to notify NYUHC as soon as practicable if Consultant is excluded, barred or suspended from participation in a Program and to refrain from employing or contracting for purposes of providing services to NYUHC with any individual or entity known by Consultant to be sanctioned, suspended or excluded from participation in any Program. Consultant shall defend, indemnify and hold NYUHC harmless from any loss, cost, fine, penalty or expense incurred by NYUHC as a result of or arising from a breach of the foregoing representation and warranty.
No Exclusion. If a Party becomes debarred, excluded, suspended, or otherwise determined to be ineligible to participate in federal health care programs, that Party shall provide notice thereof to the other Party. Upon receipt of such notice, this Agreement shall automatically terminate without further action or notice.
No Exclusion. Neither Party excludes any liability for death or personal bodily injury caused by its negligence or the negligence of its Affiliates or, in the case of Protiva, its Sublicensees, or their respective employees, agents or sub-contractors. * *** Confidential Treatment Requested
No Exclusion. Nothing in this Agreement shall exclude or limit, or purport to exclude or limit, a Party’s liability in the case of:
No Exclusion. Contractor represents and warrants that it has not been excluded from participation in a federal or state program, including Medicare or Medicaid (“Program”), and to the best of its knowledge, there are no pending or threatened debarments or exclusions of Contractor from any Program. Contractor covenants to notify Owner as soon as practicable if Contractor is excluded, barred or suspended from participation in any Program and to refrain from employing or contracting for purposes of providing any services to Owner with any individual or entity known by Contractor to be sanctioned, suspended or excluded from participation in any Program.
No Exclusion. Neither Party excludes any liability for (i) wilful misconduct, (ii) gross negligence and (iii) death or personal injury caused by its negligence or that of its employees, agents or subcontractors. TRIBUTE PHARMACEUTICALS CANADA INC. Portions herein identified by [**] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.
No Exclusion. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF THAT PARTY, OR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR SUCH OTHER LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED OR LIMITED BY AGREEMENT.
