OF LIABILITY. The Recipient's liability to indemnify and release the Department under clauses 15.1 and 15.2 will be reduced proportionately to the extent that any negligent or unlawful act or omission, or wilful misconduct on the part of the Department (including its officers and employees) contributed to the relevant Loss.
OF LIABILITY. Notwithstanding the above, the Receiving Party shall not have liability to the Disclosing Party with regard to any Confidential Information of the Disclosing Party that (i) is shown by written documentation to be already in the possession of, known to, or independently developed by the Receiving Party prior to disclosure hereunder and prior to such Receiving Party having an obligation of confidentiality with respect to such Confidential Information, in each case, provided that, to the extent such Confidential Information was obtained by the Receiving Party from a third party, such third party did not commit a breach of an obligation of confidence with respect to such Confidential Information, (ii) becomes publicly available through no fault or breach of the Receiving Party, (iii) is shown by written documentation to have been obtained by the Receiving Party from a third party without breach by such third party of an obligation of confidence with respect to the Confidential Information disclosed, or (iv) as demonstrated through written documentation, has been or is developed by the Receiving Party independently of (e.g., without use of) any such Confidential Information disclosed by the Disclosing Party.
OF LIABILITY. 11.1 Limitation of Liability.
OF LIABILITY. These limits DO NOT increase the Coverage C limit of liability. The special limit for each following numbered category is the total limit for each loss for all property in that numbered category.
OF LIABILITY. A. Each Person/Each Accident Limits of Liability If the limit of liability for Bodily Injury Liability Coverage shown on your Declarations Page for a vehicle consists of one limit for each person and another limit for each accident, the limit of liability shown for each person is the maximum we will pay for all damages arising out of bodily injury sustained by any one person in any one accident. The each person limit includes all claims or lawsuits of others derived from the bodily injury of the injured person. This includes, but is not limited to, claims or lawsuits for emotional distress or mental anguish as a result of observing another person sustain bodily injury. It also includes:
OF LIABILITY. A. Each Person/Each Accident Limits of Liability
OF LIABILITY. A. Each Person/Each Accident Limits of Liability GE 12345 GENERAL 12345 GENERAL If the limit of liability for Underinsured Motorists Coverage shown on your Declarations Page for a vehicle consists of one limit of each person and another limit for each accident, the limit of liability shown for each person is the maximum we will pay for all damages arising out of bodily injury sustained by any one person in any one auto accident. The each person limit includes all claims or lawsuits of others derived from the bodily injury of the insured. This includes, but is not limited to, claims or lawsuits for emotional distress or mental anguish as a result of observing another sustain bodily injury. It also includes:
OF LIABILITY. In this Contractual Agreement "default" shall mean any breach of either party’s obligations under this Contractual Agreement or any Engagement Schedule, any negligent, reckless or illegal act or omission, or any other default, act, omission or statement by either party, or its employees, agents or subcontractors in connection with or in relation to the subject matter of this Contractual Agreement (including any Engagement Schedule or other order either party accepts hereunder) and in respect of which that party is legally liable to the other party.
OF LIABILITY. EXCEPT AS SET FORTH UNDER SECTIONS 13.1 OR 13.2 OR IN CONNECTION WITH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR BREACH OF THE PROVISIONS OF ARTICLE 9, OR OTHERWISE AS SET FORTH IN SECTION 5.6: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES FOR (A) ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOST REVENUES, OR (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, KNOW-HOW, OR SERVICES, WHETHER UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY. ADDITIONALLY, NOTHING IN THIS AGREEMENT SHALL REMOVE OR LIMIT EITHER PARTY’S LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, OR ANY OTHER MATTER OR LIABILITY FOR WHICH, BY LAW, MAY NOT BE REMOVED OR LIMITED.
OF LIABILITY. No Safety and Health representative is personally liable for anything done or omitted to be done by in good faith under the purported authority of this section.
