Compensation and Liability Sample Clauses
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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. 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. Insurance
Compensation and Liability. 10.1 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 be:
(a) inaccurate, incomplete or otherwise of deficient quality; or
(b) out of date (or may become out of date before you rely on it).
10.2 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.
10.3 To the extent we can 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 Consumer Law).
10.4 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 information 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) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result were it not for this clause 10. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law).
10.5 Our total aggregate liability for any loss or damage not excluded under clause 10.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This limitation does not apply to the extent the Law prohibits us limiting our liability (including under any statutory or implied representat...
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 ▇▇▇▇▇▇▇'▇ compensation.
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. 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;
(d) any other breach by you of your obligations under this agreement.
7.2 In this clause 7, reference to we and us include our offices, employees, contractors, and agents.
Compensation and Liability. 1. The Client shall indemnify and hold the Company and its directors, officers, employees or representatives harmless from any liability, direct or indirect (including, without limitation, all losses, damages, demands, costs or expenses), in which the Company or any third party incurs in respect of any act or omission by the Client in the performance of its obligations under this Agreement and/or the settlement of any bet of the Client in the settlement of any claim against the Company, unless such liabilities result from gross negligence, willful default or fraud on the part of the Company. Such indemnity will extend beyond the termination of this Agreement.
2. The Company shall not be liable for any loss, expense, cost or liability, direct and/or indirect, incurred by the Client in connection with this Agreement, unless such loss, expense, cost or liability is the result of the gross negligence, willful default or fraud on the part of the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty or otherwise for any loss of profit or for any indirect or consequential loss. arising under and/or in connection with the Contract.
3. The Company shall not be liable for any loss resulting from misrepresentation of facts, errors in judgment or any act done or omitted by the Company, whenever it occurs, unless such act or omission triggers a gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, guardian or other third party acting on behalf of the Client, with whom, or through whom, transactions are made on behalf of the Client.
Compensation and Liability. 18.1. You acknowledge that
(a) you are acquiring, or holding yourself out as acquiring, the Services for the purposes of a business;
(b) the provisions of the Consumer Guarantees Act 1993 (the CGA) do not apply to this Agreement; and
(c) you agree that it is fair and reasonable that the CGA does not apply.
18.2. Our liability to you under or in connection with this Agreement for any loss or damages in a 12 month period that you incur as a direct result of our failure to meet any of our obligations under this Agreement or otherwise, will be limited to the Charges paid by you under this Agreement in such 12 month period.
18.3. No claim may be made by you against us of any kind or nature unless you notify us in writing within 60 days of the date on which the claim first arises.
18.4. Notwithstanding any other clause in this Agreement we will not be liable to you in tort, contract or otherwise for any economic loss, loss of profit, loss of revenue, loss of anticipated profit or savings, or for any indirect, special or consequential loss or damage, however caused.
18.5. No other network operator and/or third-party supplier (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Services. This clause creates a right and benefit that other network operators and/or suppliers can enforce as a defence to any claim.
18.6. Apart from the warranties expressly set out in this Agreement, all other warranties, express or implied, are excluded to the extent permitted by law.
18.7. You acknowledge that you are relying on your own assessment of the Service and coverage to be provided.