Clause 6 Liability Clause Samples
Clause 6 Liability defines the extent to which each party is responsible for losses, damages, or claims arising from the agreement. Typically, this clause outlines the types of liabilities covered, such as direct or indirect damages, and may set financial caps or exclusions for certain types of loss. Its core function is to allocate risk between the parties, providing clarity on who bears responsibility in various scenarios and helping to prevent disputes over unforeseen events or damages.
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Clause 6 Liability. 1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub- processor shall be limited to its own processing operations under the Clauses.
Clause 6 Liability. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
Clause 6 Liability. Any claims brought under the Clauses shall be subject to the terms and conditions, including but to limited to, the exclusions and limitations set forth in the Agreement. In no event shall any party limit its liability to a data subject with respect to any data subject rights under these Clauses.
Clause 6 Liability. The TD User undertakes to indemnify and hold the Company harmless from any request or claim made by third parties for damages of any nature however occurred due to interventions and/or operations carried out, even remotely, by the TD User on the products, while performing the service NTI Remote Contractor.
Clause 6 Liability. Any claims brought under the Clauses shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Cloud Agreement. In no event shall any party limit its liability with respect to any data subject rights under these Clauses.