Compensation and Liability Sample Clauses
Compensation and Liability. 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may become out of date.
8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply.
8.3 To the extent we are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law).
8.4 We are not liable to you or to anyone else for:
(a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or
(b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) if it were not for this section. Our total aggregate liability for any loss or damage not excluded under this clause 8.4 is limited to the amount of fees and charges paid by you for the information services under this agreement in the 12 months immediately prior to the event giving rise to the l iability. This exclusion and limitation do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by L aw).
8.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim re...
Compensation and Liability. Insurance
Compensation and Liability. Depending on the type of Secondary Employment, coverage and procedures may or may not be the same as when on regular duty assignments. If an injury or medical condition occurs when taking law enforcement action and acting under the color of law enforcement during Secondary Employment, a City of Lakeland Accident/Injury Form will be completed and evaluated to determine if it is compensable under xxxxxxx'x compensation.
Compensation and Liability. Anyone who may suffer material or immaterial damages caused by a breach of the duties specified in the GDPR is entitled to obtain compensation for the damage from the Data Controller or Data Supervisor. Without prejudice to the Other Processor's duties to indemnify ENEL, as already envisaged in the Contract, he/she will in any case be liable for the damage caused by the processing if it has failed to comply with the duties as imposed by the Contract or has acted in a different or contrary way to the lawful instructions of the Data Controller. Since the Other Processor's personnel may perform functions within the qualification of "system administrator" in accordance with current legislation, the Other Processor undertakes to provide, at the request of the Processor or Data Controller, a list of collaborators, authorized and appointed as "system administrators", as well as all those who may potentially intervene on personal data owned by ENEL. The Processor and Other Processor also undertake to keep a register of the logs of access, disconnection and attempted access of its collaborators and/or the collaborators of the Sub-managers, if authorised, who have been appointed as "system administrators" and who in such a capacity have the possibility of processing the personal data of which ENEL is Data Controller for a period of six months, with the commitment to submit them to the latter within 3 calendar days in the specified format, upon receipt of a request in writing from the Data Controller.
Compensation and Liability. 17.2.4.1. Pursuant to Article 82 of the GDPR, the Supplier will be liable damage caused by the processing if it has failed to comply with the duties as imposed by the Contract or has acted in a different or contrary way to Controller's instructions.
17.2.4.2. The Supplier will also be liable in the first person as regards the Controller and interested parties, if an Other Processor appointed by it fails to fulfil his/her duties regarding the protection of personal data.
17.2.4.3. In the event of further damage sustained by the Controller as a result of the conduct of the Supplier or one of its Other Processors, the Controller reserves the right to claim further compensation equal to at least three times the amount of the Contract.
17.2.4.4. The Controller or the Supplier are exonerated from all liability if they can prove that the damaging event is in no way ascribable to them.
Compensation and Liability. 6.1 We are liable to you for any direct loss you suffer from our failure to provide our Collection Services to you in accordance with this agreement. However, to the extent permitted by law, we limit our liability to you:
(a) for a breach of this agreement, to the fees paid or payable by you for Collection Services for the Debt in relation to which the breach occurred; and
(b) for a breach of any condition or warranty implied by law, to the supplying again, or paying the cost of supplying again, the Collection Services in respect of which the breach occurred.
6.2 If we suffer loss or incur liability because of:
(a) a breach by you of this agreement; or
(b) your negligence, you indemnify us to the full extent of that loss suffered or liability incurred. This includes all lawyers’ fees (on a full indemnity basis), and/or actual Court costs, fees, expenses and disbursements. At our option, you agree to assume the conduct of any proceedings brought against us relating to the supply of inaccurate, out of date, incomplete or otherwise misleading information you have given us, and to pay all costs and damages associated with those proceedings. If we decide to retain conduct of proceedings, you agree to provide all documents and assistance as we may reasonably request.
6.3 In clause 6.2, references to “we” and “us” include our officers, employees, contractors and agents.
Compensation and Liability. If you are a residential customer, you may have rights under the Consumer Guarantees Act 1993 in addition to the rights set out in these Terms and these Terms shall apply subject to the provisions of the Consumer Guarantees Act 1993. If, however, you receive Services from us for the purposes of a business, you agree that the Consumer Guarantees Act 1993 will not apply to these Terms or any of our business dealings.
Compensation and Liability. 7.1 You agree to indemnify us from any and all damage, loss, or cost whatsoever (including reasonable barristers and/or solicitors fees, all and any actual court costs, all associated fees, expenses and all disbursements) incurred by us relating to the performance of our services for you, where such liability arises as a result of:
(a) deficient information supplied by you;
(b) your conduct or any other person or entity deficient information supplied by you; acting on your behalf;
(c) the manner in which the debts were incurred; or
(d) any other breach by you of your obligations under this Agreement.
7.2 In this clause 7, references to we and us include our offices, employees, contractors, and agents.
Compensation and Liability. 1 Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by calling Telecom Customer Services. Where we consider it appropriate, we will refund to you an amount up to our standard monthly (or other periodical) Charge for the affected Service. For us to consider your claim, you must tell us within one month after the Service is affected. A refund will not be available where such an event occurs because we are not given correct information, or where we have acted in accordance with our obligations and/or rights in this Agreement, or because you have not used your Mobile Device or the Services appropriately, or through other causes beyond our reasonable control, nor will a refund be available where you have not tried to minimise your loss.
Compensation and Liability. Parties will be held liable to each other for damages caused by willful misconduct or gross negligence. It is nevertheless understood and agreed that upon no event shall the parties be held liable to each other for indirect or general damages (including but not limited to loss of profit).