AGILE’S WARRANTIES AND LIABILITY. 11.1. Agile represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement in its entirety; and (b) it is an authorised provider of electronic communications services under Section 11 of Legislative Decree 259/2003, as amended. 11.2. Except in the event of wilful misconduct or gross negligence, Agile’s maximum total liability under this Agreement shall not exceed the lesser of (a) the amount of Euro 10,000 (Euro ten thousand) and (b) the total amount paid to Agile by the Client for the provision of the Service in each year in which the Agreement was in force. In any case, it is understood that Agile shall only be liable for direct damages that the Client may suffer as a result of specific and proven actions/omissions attributable to it under this Agreement.
Appears in 5 contracts
Samples: Gateway Service Agreement, Gateway Service Agreement, Gateway Service Agreement
AGILE’S WARRANTIES AND LIABILITY. 11.1. Agile represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement in its entirety; and (b) it is an authorised provider of electronic communications services entity under Section 11 Article 25 of Legislative Decree 259/2003, as amended.
11.2. Except in the event of wilful misconduct or gross negligence, Agile’s maximum total liability under this Agreement shall not exceed the lesser of (a) the amount of Euro 10,000 (Euro ten thousand) and (b) the total amount paid to Agile by the Client for the provision of the Service in each year in which the Agreement was in force. In any case, it is understood that Agile shall only be liable for direct damages that the Client may suffer as a result of specific and proven actions/omissions attributable to it under this Agreement.
Appears in 1 contract
Samples: Gateway Service Agreement
AGILE’S WARRANTIES AND LIABILITY. 11.1. Agile represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement in its entirety; and (b) it is an authorised provider of electronic communications services entity under Section 11 Article 25 of Legislative Decree 259/2003, as amended.
11.2. Except in the event of wilful misconduct or gross negligence, Agile’s maximum total liability under this Agreement shall not exceed the lesser of (a) the amount of Euro 10,000 (Euro ten thousand) and (b) the total amount paid to Agile by the Client for the provision of the Service in each year in which the Agreement was in force. In any case, it is understood that Agile shall only be liable for direct damages that the Client may suffer as a result of specific specific and proven actions/omissions attributable to it under this Agreement.
Appears in 1 contract
Samples: Gateway Service Agreement