Personal Injury; Property Damage. EACH PARTY SHALL BE RESPONSIBLE FOR ANY ACTUAL PHYSICAL DAMAGES IT DIRECTLY CAUSES TO THE OTHER IN THE COURSE OF ITS PERFORMANCE UNDER THIS AGREEMENT, LIMITED TO PROVEN DIRECT DAMAGES RESULTING FROM PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGE ARISING FROM SUCH PARTY’S NEGLIGENCE OR WILLFUL MISCONDUCT.
Personal Injury; Property Damage. Any claim for personal injury or property damage to a person which is based on any event which occurred at the MOB Property prior to the Closing Date; and
Personal Injury; Property Damage. Each party shall be responsible for any actual physical damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT.
Personal Injury; Property Damage. Subject to section 12(c) below, IMPAC agrees to defend, indemnify and hold Elekta and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability, costs and expenses (including without limitation reasonable attorneys’ fees) arising under any third-party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the Products or their manufacture or design (except to the extent that such defects are caused by modifications to the Products not performed or authorized by IMPAC). Subject to section 12(c) below, Elekta agrees to defend, indemnify and hold IMPAC and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability costs and expenses (including without limitation reasonable attorneys’ fees) in connection with any third party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the equipment and/or other products with which Elekta sublicenses or otherwise distributes the Products.
Personal Injury; Property Damage. Each party (the "Indemnifying Party") shall hold harmless and defend the other party (the "Indemnified Party") from any claim of personal injury or property damage arising from any act or omission of the Indemnifying Party. The obligations of the Indemnifying Party under this Indemnification provision are conditional upon: (a) the Indemnified Party providing prompt written notice to the Indemnifying Party of any claim referred to above and any related action, suit, or other proceeding; (b) the Indemnified Party's permitting the Indemnifying Party to defend or settle such claim, action, suit, or proceeding (provided the Indemnified Party must approve in its sole discretion any settlement terms that obligate the Indemnified Party); and (c) the Indemnified Party provided the Indemnifying Party (at the Indemnifying Party's expense) all reasonable assistance in defending or settling the claim, action, suit, or proceeding. Upon request by Unisys, Seller shall furnish evidence of insurance coverage for such injury and damage.
Personal Injury; Property Damage. Subject to subsection 17.3 below, IMPAC agrees to defend, indemnify and hold Siemens and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability, costs and expenses (including without limitation reasonable attorneys' fees) arising under any third party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the Products or their manufacture or design (except to the extent that the defects are caused by modifications to the Products not performed or authorized by IMPAC). Subject to subsection 17.3 below, Siemens agrees to defend, indemnify and hold IMPAC and its directors, employees, agents and Affiliates harmless from and against any and all damages, liability costs and expenses (including without limitation reasonable attorneys' fees) in connection with any third party action to the extent arising out of personal injury or death of a person or damage to tangible property (specifically excluding data and other intellectual property) caused or alleged to have been caused by defects in the equipment and/or other products with which Siemens sublicenses or otherwise distributes the Products.
Personal Injury; Property Damage. Landlord shall not be liable for any injuries or damages to the person or property sustained by Tenant or Tenant(s’) family, servants, guests, or any other persons upon the premises, or for any damages to personal property belonging to such person, done on, occasioned by or from any plumbing, mechanical, refrigeration, water, or other pipes, or electrical stove or electrical fixtures or appliance, or from the leaking of any tank, commode, or waste line, in, above, upon, or about said building or premises, nor for damages or injuries through the roof, or otherwise for any damages or injuries occasioned by water, snow or ice, being upon or coming through the roof, or otherwise for any damage to any person or property arising from the act of negligence of co-tenants or any other persons from any cause whatsoever, or on account of any loss of any property by theft, it being expressly understood and a greed between the parties that Landlord does not warrant the condition of the leased premises in any respect, makes no representation as to the same and are not to be liable for any damages or injuries to any person whomsoever, or to any property whatsoever, occurring in or about said property, or in or about said building and Tenant hereby agree and bind themselves, their heirs and representatives to hold Landlord harmless from any and all such injuries, and from any and all claims, damages or litigation arising from any claims whatsoever, on, in, or about said premises. TRAMPOLINES AND SWIMMING POOLS DEEPER THAN 36” ARE PROHIBITED. LANDLORD DOES NOT FURNISH INSURANCE FOR TENANT BUT STRONGLY RECOMMENDS THAT TENANT SECURE ADEQUATE RENTER’S INSURANCE AT THEIR OWN EXPENSE. Tenant/Guarantor Initials:
Personal Injury; Property Damage any personal injury or property damage arising out of the Products or the use of the Products by any person;
Personal Injury; Property Damage. Subject to the limitations and contingencies set forth in the indemnification provision of the Agreement, each Party shall at its expense defend any third party claim brought against the other Party for bodily injury, death or damage to real or tangible personal property, to the extent caused by the negligence or willful misconduct of the indemnifying Party while engaged in the provision or receipt of Professional Services; provided, however, that if there also is fault on the part of indemnified Party, the foregoing indemnification shall be on a comparative fault basis. As part of the indemnifying party’s defense obligations, the indemnifying Party will pay all associated and reasonable attorneys’ fees and defense costs, and pay any corresponding judgment finally awarded by a court of competent jurisdiction or any settlement amount agreed to in a written settlement agreement approved, in writing, by an authorised representative of the indemnifying Party. THE PARTIES EVIDENCE THEIR AGREEMENT WITH THE ABOVE TERMS AND CONDITIONS BY SIGNING BELOW. SUBSCRIBER APPIAN SOFTWARE INTERNATIONAL LLC By: By: Name: Name: Title: Title: Dated: _ Dated: Appian Cloud Service Level Agreement
Personal Injury; Property Damage. Lessee shall assume all liability for any injury or damages that may arise from any accident, injury or damages that occurs from the use of the demised premises or common areas. Lessee shall indemnify Lessor against all claims filed by parties injured or damaged by any such use of the premises. PERSONAL INJURY AND PROPERTY DAMAGE: Subject to standards required by law, neither Landlord nor its principal shall be liable to Tenant, his family, employees, or guest, for any damage to person or property caused by the acts of omissions of other Tenants or other persons; nor shall Landlord be liable to losses or damages from theft, fire, water, rain, storm, explosion, sonic boom, or other causes whatsoever, nor shall Landlord be liable for loss of damages resulting from failure, interruptions, or malfunctions in the utilities provided to the Tenant under this Lease Agreement; nor shall Landlord be liable for injuries anywhere on the premises. LANDLORD IS NOT REPONSIBLE FOR, AND WILL NOT PROVIDE, FIRE OR CASUALTY INSURANCE FOR THE TENENAT’S PERSONAL PROPERTY. XXX In further consideration of this Agreement, Tenant agrees that, subject to standards required by law, Landlord does not warrant the conditions of the premises in any respect, and his liability for any injury to the Tenant, his family, agent, or those claiming under him, or those on the premises by his or their invitation, shall be limited to injuries arising from such defects that are unknown by claimant and are known to Landlord. Additionally, the Tenant has inspected the premises and binds himself to hold Landlord harmless against any and all claims for damages arising from those who sustain injuries upon the above leased premises, during the term of this Lease, or any extension thereof. Lessor does not provide any insurance coverage to Lessee’s use of the demised premises or common areas.
