Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 and subject to the provisions of Clause 10.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms: (a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and (b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 5 contracts
Samples: Study Agreement, Study Agreement, Operation Plan Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 11.2 and subject to the provisions of Clause 10.511.4, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 2 contracts
Samples: Organisation Services Agreement, Organisation Services Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.2 and subject to the provisions of Clause 10.51.1, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 2 contracts
Samples: Framework Agreement, Framework Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.2 or contractual fine payable in accordance withClause 2.7 and subject to the provisions of Clause 10.5Clause13.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this thsi Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Framework Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 14.2 or contractual fine payable in accordance with Clause 3.8 and subject to the provisions of Clause 10.514.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) : the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) and if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Framework Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 12.2 of this Agreement and subject to the provisions of Clause 10.512.5 of this Agreement, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Archeological Services Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.6, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) 17.4.1 the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) 17.4.2 if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Service Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.3 and subject to the provisions of Clause 10.513.5, in the event it is established that either Party is liable to the other Party (or relevant Party’s sub-contractor) with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) : the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) and if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Service Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.3. and subject to the provisions of Clause 10.513.5., in the event it is established that either Party is liable to the other Party (or relevant Party’s sub-contractor) with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) : the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) and if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Service Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 and subject to the provisions of Clause 10.5Clause10.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Study Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 14.2 and subject to the provisions of Clause 10.514.5, in the event it is established that either Party is liable to the other Party (or relevant Party’s sub-contractor) with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Supply Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 Clause10.2 of this Agreement and subject to the provisions of Clause 10.510.5 of this Agreement, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breachberach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwiseotherwisea; andnd
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Consultancy Service Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.2 of this Agreement and subject to the provisions of Clause 10.513.5 of this Agreement, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Geodetic Reference Network Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) 17.3.1 the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) 17.3.2 if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Recruitment Services Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 and subject to the provisions of Clause 10.5, in the event it is established that either Party is liable to the other Party Parties with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party Parties for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited belimited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Study Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Recruitment Services Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.3 and subject to the provisions of Clause 10.513.5, in the event it is established that either Party (or relevant Party’s sub-contractor) is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Supply Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) in any event, the amount of compensation shall be limited to the amount specified in accordance with Clause 17.6;
(c) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Professional Services
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of breachof its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) in any event, the amount of compensation shall be limited to the amount specified in accordance with Clause 17.6;
(c) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Professional Services
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 14.2 and subject to the provisions of Clause 10.514.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 14.2 or contractual fine payable in accordance with Clause 3.9 and subject to the provisions of Clause 10.514.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Framework Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in payablein accordance with Clause 10.2 and subject to the provisions of Clause 10.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate shallcompensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwisenototherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Study Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result aresult of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) in any event, the amount of compensation shall be limited to the amount specified in accordance with Clause 17.6;
(c) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Professional Services
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; andnototherwise;
(b) in any event, the amount of compensation shall be limited to the amount specified in accordance with Clause 17.6;
(c) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by payableby the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Professional Services
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 13.2 or contractual fine payable in accordance with Clause 3.7 and subject to the provisions of Clause 10.513.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Framework Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 and subject to the provisions of Clause 10.512.2, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and
(b) if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Service Agreement
Compensation for Damages. Notwithstanding of and without prejudice to any contractual penalty payable in accordance with Clause 10.2 17.2 and subject to the provisions of Clause 10.517.5, in the event it is established that either Party is liable to the other Party with respect to any breach of its respective obligations under this Agreement, the liable Party shall compensate the other Party for any Damages incurred as a result of such breach, subject to the following terms:
(a) 17.3.1. the amount of compensation shall be limited to the amount of reasonably foreseeable Damages suffered as a result of the breach(es), but not otherwise; and;
(b) 17.3.2. if either Party is considered to be liable jointly with third parties to the other, the proportion of compensation payable by the liable Party shall be limited to that proportion of liability which is attributable to the breach by the liable Party.
Appears in 1 contract
Samples: Recruitment Services Agreement