Liability and recourse Sample Clauses

Liability and recourse. (1) The issue of liability and recourse is determined according to the contractual stipulations on which the delivery is based.
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Liability and recourse. The LESSEE hereby declares that it waives all liability claims against the LESSOR in the following cases: • In the event of theft or any other criminal act of which the LESSEE could be victim in the Leased Premises, the LESSOR having no obligation to monitor the Leased Premises and the Building. • In the event of damage to the Leased Premises, to movable objects or goods located in the Leased Premises, as a result of leaks, infiltration, damp or other circumstances, the LESSEE being responsible for protection against these risks, without recourse against the LESSOR. The LESSEE also undertakes not to claim any compensation from the LESSOR, nor any reduction in rent or charges: • in the event of a stoppage in the distribution of water, electricity or other fluids, and in the event of a stoppage of operation for any reason whatsoever of the Building’s technical installations (air conditioning, district heating, elevators, etc.) as a result of maintenance, repair, replacement, lack of supply, strikes or any other causes beyond the LESSOR’s control; • in the event of liability-generating actions by other lessees, their staff, suppliers or customers; • in the event of changes or modifications made by any person whatsoever, and in particular by the LESSOR, to the common areas of the Building.
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Liability and recourse. The Tenant waives all recourse against the Landlord and all rights to claim a rent abatement in the following circumstances:
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Liability and recourse. The Lessee states that it waives all recourse for liability against the Lessor in the following circumstances:
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Liability and recourse. The LESSOR waives all recourse that it would be justified to claim against the LESSEE and its insurers, for all types of damage or harm which it may suffer, and agrees to obtain the same waiver from its insurers. In return, the LESSEE waives all recourse against the LESSOR and its insurers for all types of damage or harm which it may suffer, and agrees to obtain the same waiver from its insurers.
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Liability and recourse. The Lessee shall not be entitled to seek any reduction in the rent, or to have any recourse against the Lessor, - in the event of any interruption or malfunction of the various building services; - in the event of theft, looting, destruction, or of other criminal acts committed on the leased premises, including the parking areas. Notably, the Lessor shall not be obligated to provide surveillance of any kind; - in the event of damage caused to the leased premises and/or to objects or merchandise located thereon, as a result of leaks, infiltrations, humidity, or other conditions. The Lessee shall insure itself against these risks, with no right to recourse against the Lessor.
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Liability and recourse. 2.11.7. General use of private and communal areas
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Liability and recourse. The Lessee declares that it waives all recourse against the Lessor and its insurer for liability: - In the event of theft or wrongful acts of which the Lessee may be a victim in the let premises or outbuildings of the Building, as the Lessor does not assume any obligation to monitor, - In the event of an interruption in utility supplies, namely water, electricity, heating or air conditioning, except in the case of persistent failures by the Lessor following formal notice without response, - In the event of modification or withdrawal of security, telemonitoring, hostess and switchboard services, if applicable, and generally of the service of all staff providing communal services in the Building, - In the event of damage caused to the let premises and to objects or merchandise located there following leaks, infiltrations, dampness, rising water or other circumstances, except duly determined construction defects, as the Lessee must be insured against risks without recourse against the Lessor, - In the event of an act incurring the liability of the other tenants, their staff, suppliers or clients, as well as any third parties, - In the event of an interruption in the distribution of fluids or interruption of the associated installations in the said Building for any reason, except in the case of persistent failures by the Lessor following formal notice without response, - For all disasters affecting artworks and valuables, as well as IT equipment. The Lessor must be insured against all these risks without recourse against the Lessor. It undertakes to obtain an identical waiver by its insurers.
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Liability and recourse. The Tenant shall waive the right to any action for damages against the Landlord and, in particular:
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Related to Liability and recourse

  • Indemnity and Liability Subject to Section 3.1, the Company shall (i) indemnify, exonerate and hold the Service Provider and each of its partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents and each of the partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents of each of the foregoing (collectively, the “Related Parties”) free and harmless from and against any and all actions, causes of action, suits, claims, liabilities, losses, damages and costs and out-of-pocket expenses in connection therewith (including attorneys’ fees and expenses) incurred by the Related Parties or any of them before or after the date of this Agreement (collectively, the “Indemnified Liabilities”), arising out of any action, cause of action, suit, arbitration, investigation or claim arising out of, or in any way relating to, (i) this Agreement, any transaction to which the Company is a party or any other circumstances with respect to the Company or (ii) the operations of, or the Services or Office Space provided by the Service Provider to, the Company, or any of its affiliates from time to time; provided, however, that the foregoing indemnification rights will not be available to the extent that any such Indemnified Liabilities arose on account of such Indemnitee’s gross negligence or willful misconduct; and provided, further, that if and to the extent that the foregoing undertaking may be unavailable or unenforceable for any reason, the Company hereby agrees to make the maximum contribution to the payment and satisfaction of each of the Indemnified Liabilities which is permissible under applicable law. For purposes of this Section 5.1, none of the circumstances described in the limitations contained in the two provisos in the immediately preceding sentence will be deemed to apply absent a final non-appealable judgment of a court of competent jurisdiction to such effect, in which case to the extent any such limitation is so determined to apply to any Indemnitee as to any previously advanced indemnity payments made by the Company, then such payments will be promptly repaid by such Indemnitee to the Company without interest. The rights of any Indemnitee to indemnification hereunder will be in addition to any other rights any such person may have under any other agreement or instrument to which such Indemnitee is or becomes a party or is or otherwise becomes a beneficiary or under law or regulation.

  • Liability and Indemnity a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract.

  • Liability and Indemnification A. Except as may otherwise be provided by the Investment Company Act or any other federal securities law (whose provisions may not be waived or altered by contract), the Sub-Adviser shall not be liable for any losses, claims, damages, liabilities or litigation (including reasonable attorneys fees) incurred or suffered by the Portfolio(s), the Trust or the Adviser as a result of any error of judgment, mistake of law, or other action or omission by the Sub-Adviser; provided, however, that nothing in this Agreement shall operate or purport to operate in any way to exculpate, waive or limit the liability of the Sub-Adviser for, and the Sub-Adviser shall indemnify and hold harmless the Adviser and the Trust, all affiliated persons thereof (as defined in Section 2(a)(3) of the Investment Company Act) and all controlling persons thereof (as described in Section 15 of the Securities Act) (collectively, “Adviser Indemnitees”) against, any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which any of the Adviser Indemnitees may become subject under the Securities Act, the Investment Company Act, the Advisers Act or any other statute, or at common law or otherwise, arising out of or based on (i) any willful misconduct, bad faith, reckless disregard or gross negligence of the Sub-Adviser in the performance of any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus, proxy materials, reports, advertisements, sales literature or other materials pertaining to the Portfolio(s), the Trust or the Adviser, or the omission to state therein a material fact known to the Sub-Adviser which was required to be stated therein or necessary to make the statements therein not misleading, if such statement or omission was made in reliance upon information furnished to the Adviser or the Trust by the Sub-Adviser Indemnitees (as defined below) for use therein.

  • Limitation of Liability and Indemnity Except to the extent of damage resulting from the active gross negligence or willful misconduct of Landlord or its authorized representatives, Tenant agrees to protect, defend (with counsel acceptable to Landlord) and hold Landlord and Landlord's lenders, partners, members, property management company (if other than Landlord), agents, directors, officers, employees, representatives, contractors, shareholders, successors and assigns and each of their respective partners, members, directors, employees, representatives, agents, contractors, shareholders, successors and assigns (collectively, the "Indemnitees") harmless and indemnify the Indemnitees from and against all liabilities, damages, claims, losses, judgments, charges and expenses (including reasonable attorneys' fees, costs of court and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) arising from or in any way related to, directly or indirectly, (i) Tenant's or Tenant's Representatives' use of the Premises, Building and/or the Park, (ii) the conduct of Tenant's business, (iii) from any activity, work or thing done, permitted or suffered by Tenant in or about the Premises, (iv) in any way connected with the Premises or with the improvements or personal property therein, including, but not limited to, any liability for injury to person or property of Tenant, Tenant's Representatives, or third party persons, and/or (v) Tenant's failure to perform any covenant or obligation of Tenant under this Lease. Tenant agrees that the obligations of Tenant herein shall survive the expiration or earlier termination of this Lease. Except to the extent of damage resulting from the active gross negligence or willful misconduct of Landlord or its authorized representatives, to the fullest extent permitted by law, Tenant agrees that neither Landlord nor any of Landlord's lender(s), partners, members, employees, representatives, legal representatives, successors or assigns shall at any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, liability, injury, death or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person(s) whomsoever who may at any time be using, occupying or visiting the Premises, the Building or the Park, including, but not limited to, any acts, errors or omissions by or on behalf of any other tenants or occupants of the Building and/or the Park. Tenant shall not, in any event or circumstance, be permitted to offset or otherwise credit against any payments of Rent required herein for matters for which Landlord may be liable hereunder. Landlord and its authorized representatives shall not be liable for any interference with light or air, or for any latent defect in the Premises or the Building.

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