Performance Liability Clause Samples

Performance Liability. All issues of quality and performance must be resolved prior to live deployment. Live deployment of the Project constitutes acceptance of the Project as satisfactory by Client. The entire risk as to the quality and performance of the Project, including but not limited to, web pages and web site is with Client. In no event will Consultant be liable to the Client or any third party for any damages, including but not limited to, lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these pages or web site, custom programming or any other work performed by Consultant, even if Consultant has been advised of the possibility of such damages.

Performance Liability. Except as otherwise provided in law, in the performance of this Agreement and the Court's approved plan both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party. Each party agrees to be solely responsible for the actions of its employees under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees.

Performance Liability. First Class Event Services will perform the services as agreed upon in this contract to the best of their ability and in a professional manner. First Class Event Services will not be liable for any disruptions in performance caused by circumstances beyond their control, such as power outages, technical malfunctions, or restrictions imposed by the venue. In the event of our inability to perform due to illness, injury, or other unforeseen circumstances, First Class Event Services will make every effort to provide a qualified substitute. If a substitute cannot be provided, the client will be entitled to a full refund of any fees paid for the services not rendered.

Performance Liability. The Parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, neither party hereto can make no guarantee to the other party hereto on the results that may be provided as a result of the transactions contemplated by this Agreement (“Transactions”). Each party hereto expressly disclaims any warranty or guarantee of any kind whatsoever relating to the Transactions to be provided to IWS under this Agreement and shall have no liability whatsoever to the other party hereto in relation to this Agreement or any Transactions provided hereunder. Each party hereto recognizes and agrees that the other party hereto shall not be liable to to the other party hereto or any third party for any damages, including any lost profits, lost savings or other incidental, consequential, punitive, exemplary nor special damages arising out of this Agreement or the Transactions, even if the other party hereto has been advised of the possibility of such damages. Each party hereto acknowledges that other party hereto has not made and will not make any representations or promises of any kind whatsoever relating to the performance, results, or outcomes, potential or actual, of its Transactions.

Performance Liability. Except as otherwise provided in law, in the performance of this Agreement and the Court's approved plan both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party. Each party agrees to be solely responsible for the actions of its employees under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Digitally signed by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Date: 2021.07.23 11:09:25 -07'00' ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. Dickerson, Presiding Judge Superior Court in Cochise County ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Digitally signed by ▇▇▇▇ Date: 2021.07.08 13:50:37 -07'00' By ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Deputy Director Administrative Office of the Courts ADDENDUM A TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT COURT SECURITY IMPROVEMENTS FOR Equipment Expenses $2,760.00 Facilities Improvements $14,690.00 Local/Onsite Training Professional Services Other: Service/Labor/Installation AMOUNT FROM OTHER FUNDING: $0.00 Upon receipt of signed funding agreement $17,450.00 * Since the AOC cannot guarantee how much revenue will be generated for fiscal years 2021 and 2022, any shortfall will be the financial responsibility of the court. In the event that Court Security Improvement funds retained by the AOC are insufficient to fund the approved request, or funds are reduced by legislative action, there is no obligation or approval to provide funds from other sources on the part of the AOC. Signed: Digitally signed ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ Date: 2021.07.0 Date: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇, Director, Court Services Division, Administrative Office of the Courts Signed: Date: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. Dickerson, Presiding Judge Superior Court in Cochise County TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT FOR COURT SECURITY IMPROVEMENTS Metal Detector Wands $2,760.00 Panic Alarm (Courtroom in Admin Bldg.) $8,030.00 Panic Alarm (Courtroom in Main Bldg.) $6,660.00 Item: Cost Subtotal Local/Onsite Training Expenses: $0.00 The purpose of this section is to set forth minimum procedures and guidelines for fixed assets (furniture and equipment) owned by the Judicial Department Unit (JDU) other than the Supreme Court. It is the intent of this policy that all equipment items are accounted for under an inventory system. Each cour...

Performance Liability. The Supplier agrees to hold the Customer harmless against any and all claims, including claims for costs in the case, which third parties bring against the Customer and which are due to faults in performance or the Supplier's injurious act.