Performance Liability Sample Clauses

Performance Liability. In the event the Custodian breaches any provision of this Amendment, the Custodian will be responsible for any loss or damage suffered by the Client only to the same extent the Custodian is liable for losses resulting from any breach of the standard of care specified in the Agreement.
Sample 1Sample 2Sample 3See All (10)
AutoNDA by SimpleDocs
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.
Sample 1Sample 2
Performance Liability. Except as otherwise provided by law, in the performance of this Agreement, both parties hereto are acting in their individual governmental capacities and not as agents, employees, partners, joint venture’s, 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 is solely responsible for the actions of its employees under this Agreement. COCHISE COUNTY ARIZONA SUPREME COURT SUPERIOR COURT ADMINISTRATIVE OFFICE Xxxxxxx Xxxxxxxxx Digitally signed by Xxxxxxx Xxxxxxxxx Date: 2021.07.23 11:00:32 -07'00' (GRANTEE) OF THE COURTS Digitally signed by Xxxx Xxxx Xxxxxxxxx Xxxxxxxxx Date: 2021.07.08 10:11:57 -07'00' By By Authorized Signature on Behalf of the Superior Court Xxxx Xxxxxxxxx, Deputy Director Administrative Office of the Courts
Sample 1
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.
Sample 1
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. Cochise County Superior Court Xxxxxxx Xxxxxxxxx By Digitally signed by Xxxxxxx Xxxxxxxxx Date: 2021.07.23 11:09:25 -07'00' Xxxxxxxxx Xxxxxxx X. Dickerson, Presiding Judge Superior Court in Cochise County Xxxx Xxxxxxxxx Xxxxxxxxx Digitally signed by Xxxx Date: 2021.07.08 13:50:37 -07'00' ARIZONA SUPREME COURT By Xxxx Xxxxxxxxx, Deputy Director Administrative Office of the Courts ADDENDUM A TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT COURT SECURITY IMPROVEMENTS FOR GRANTEE: Cochise County Superior Court ADDENDUM DATE: July 6, 2021 BEGIN DATE: July 1, 2021 END DATE: June 30, 2022 NOTE: This addendum supersedes all previously dated addenda. FUND SUMMARY: Equipment Expenses $2,760.00 Facilities Improvements $14,690.00 Local/Onsite Training Professional Services Other: Service/Labor/Installation TOTAL FUNDS: $17,450.00 AMOUNT FROM OTHER FUNDING: $0.00 TOTAL: $0.00 AMOUNT TO BE DISBURSED TO COURT*: Upon receipt of signed funding agreement $17,450.00 TOTAL AMOUNT APPROVED FOR DISBURSEMENT: $17,450.00 TOTAL AMOUNT APPROVED FOR EXPENDITURE: $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 Xxxxxx X. Xxxxxxxxxxxxx Xxxxxxxxxxxxx Date: 2021.07.0 Date: Xxxxxx Xxxxxxxxxxxxx, Director, Court Services Division, Administrative Office of the Courts Signed: Date: Xxxxxxxxx Xxxxxxx X. Dickerson, Presiding Judge Superior Court in Cochise County ADDENDUM B TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT FOR COURT SECURITY IMPROVEMENTS GRANTEE: Cochise County Superior Court ADDENDUM DATE: July 6, 2...
Sample 1
Performance Liability. Except as otherwise provided by law, in the performance of this Agreement and the Department's approved plan, both parties hereto are acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, 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 is solely responsible for the actions of its employees under this Agreement. COCHISE COUNTY JUVENILE COURT ARIZONA SUPREME COURT ADMINISTRATIVE OFFICE OF THE COURTS By By Xxxxxxxxx Xxxxx Xxxxxx Xxxx Xxxxxxxxx, Deputy Director Presiding Juvenile Court Judge Administrative Office of the Courts
Sample 1
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.
Sample 1
AutoNDA by SimpleDocs
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.
Sample 1

Related to Performance Liability

  • Vehicle Liability Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.

  • Independence, Liability The Party will act in an independent capacity and not as officers or employees of the State. The Party shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. After a final judgment or settlement the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party. The Party shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party.

  • Employee Liability In the event an employee becomes a defendant in a civil liability suit arising out of actions taken or not taken in the course of his/her employment for the state, he/she has the right to request representation and indemnification through his/her agency in accordance with RCW 4.92.060 and 070 and agency policy.

  • Maximum Liability The provisions of this Loan Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Loan Guarantor under this Loan Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Loan Guarantor’s liability under this Loan Guaranty, then, notwithstanding any other provision of this Loan Guaranty to the contrary, the amount of such liability shall, without any further action by the Loan Guarantors or the Lenders, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Loan Guarantor’s “Maximum Liability”. This Section with respect to the Maximum Liability of each Loan Guarantor is intended solely to preserve the rights of the Lenders to the maximum extent not subject to avoidance under applicable law, and no Loan Guarantor nor any other person or entity shall have any right or claim under this Section with respect to such Maximum Liability, except to the extent necessary so that the obligations of any Loan Guarantor hereunder shall not be rendered voidable under applicable law. Each Loan Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of each Loan Guarantor without impairing this Loan Guaranty or affecting the rights and remedies of the Lenders hereunder, provided that, nothing in this sentence shall be construed to increase any Loan Guarantor’s obligations hereunder beyond its Maximum Liability.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Insurance – Liability Contractor shall purchase and maintain at their own expense the insurance noted below. All insurance shall apply on a primary, non-contributory basis and remain in effect for the duration of the contract terms. Any policy written on a ‘claims made’ basis may only be done so with the written approval and authorization of the City of Bend and coverage written in this manner shall extend for two years past completion and acceptance of Contractor’s work or services.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

  • Performance of Service; Limitation of Liability A. FMFS shall exercise reasonable care in the performance of its duties under this Agreement. FMFS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with matters to which this Agreement relates, including losses resulting from mechanical breakdowns or the failure of communication or power supplies beyond FMFS's control, except a loss arising out of or relating to FMFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, if FMFS has exercised reasonable care in the performance of its duties under this Agreement, the Trust shall indemnify and hold harmless FMFS from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which FMFS may sustain or incur or which may be asserted against FMFS by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder, except for any and all claims, demands, losses, expenses, and liabilities arising out of or relating to FMFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence or from willful misconduct on its part in performance of its duties under this Agreement, (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to FMFS by any duly authorized officer of the Trust, such duly authorized officer to be included in a list of authorized officers furnished to FMFS and as amended from time to time in writing by resolution of the Board of Trustees of the Trust. FMFS shall indemnify and hold the Trust harmless from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which the Trust may sustain or incur or which may be asserted against the Trust by any person arising out of any action taken or omitted to be taken by FMFS as a result of FMFS's refusal or failure to comply with the terms of this Agreement, its bad faith, negligence, or willful misconduct. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, FMFS shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FMFS's control. FMFS will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of FMFS. FMFS agrees that it shall, at all times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Trust shall be entitled to inspect FMFS's premises and operating capabilities at any time during regular business hours of FMFS, upon reasonable notice to FMFS. Regardless of the above, FMFS reserves the right to reprocess and correct administrative errors at its own expense.

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Consultant’s Liability In the absence of gross negligence or willful misconduct on the part of the Consultant or the Consultant's breach of any terms of this Agreement, the Consultant shall not be liable to the Company or to any officer, director, employee, stockholder or creditor of the Company, for any act or omission in the course of or in connection with the rendering or providing of services hereunder. Except in those cases where the gross negligence or willful misconduct of the Consultant or the breach by the Consultant of any terms of this Agreement is alleged and proven, the Company agrees to defend, indemnify, and hold the Consultant harmless from and against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in the defense of the Consultant) which may in any way result from services rendered by the Consultant pursuant to or in any connection with this Agreement. This indemnification expressly excludes any and all damages as a result of any actions or statements, on behalf of the Company, made by the Consultant without the prior approval or authorization of the Company.

Time is Money Join Law Insider Premium to draft better contracts faster.