Common use of Compensation for Damages Clause in Contracts

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

AutoNDA by SimpleDocs

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

AutoNDA by SimpleDocs

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

Samples: Implementation and Maintenance 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 3.9 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

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!