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(b) out of date (or may become out of date before you rely on it).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 xxxxxxx'x compensation.
Compensation and Liability. Insurance
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. 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. 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. SystemNet shall not provide compensation for any loss of service, regardless of the cause. SystemNet will not be liable to the Customer for any consequential or indirect losses, including but not limited to loss of revenue, profits, contracts, anticipated savings, wasted expenses, financial losses, loss of data, or liability to third parties for damage, or any general loss due to the loss of use of the Services.
Compensation and Liability. 9.1 The Recipient agrees to hold UNDP harmless and defend UNDP against any claim, liability, loss, damage or expense in which UNDP may incur as a result of any claim submitted by third-parties against UNDP or an Executing Body, against their staff or against other persons providing their own services as part of the Development Services provision, as determined by an enforceable court judgment or a final arbitration award, not appealable, except when such claims are the result of negligence or willful misconduct by the UNDP in the provision of the Development Services.
9.2 Notwithstanding the foregoing, and in order to avoid any doubts, the Recipient expressly acknowledges that UNDP shall not be liable in any way for the performance or market valuation of the SSLB and the Recipient shall hold the UNDP harmless, pursuant to this Article, from any third-party claim relating to the performance of the bond. The Recipient shall include in the SSLB description, an express clarification that the UNDP does not assume any responsibility arising from or related to the impact that the Development Services may have on the interest rate or any of the other terms and conditions of the Bonds. The Recipient shall also include in the SSLB framework a description of the consulting services provided by the UNDP to the Government in the design of the SSLB.
9.3 Notwithstanding the above, the Recipient shall not be liable for the loss of profit or any other indirect, consequential, incidental, punitive or special damages.
9.4 Under no circumstances, UNDP, its members, staff, officers or other employees or advisors be liable, whether financially or other, under any of the clauses herein, except for the conditions set forth in Article 8 of the General Conditions, and except in situations of negligence or willful misconduct, as set forth in this Article.”
