Compensation of damages Sample Clauses

Compensation of damages. 18.1. Should ole or more of the pre- selt Geleral Terms ald Colditiols be violated, or CASHPOINT has justi- fied suspiciol that these have xxxx violated, CASHPOINT has the right to ilitially block the fulds available il the CUSTOMER's accoult to cover the costs of the damage ilcurred ald use them for regulatiol as sool as the li- ability for damages has xxxx provel.

Compensation of damages. IV.1. In the event of damage caused by a guest, AP19 is entitled to claim compensation for damages equal to the amount of damage caused by the guest. IV.2. The guest is obliged to pay any damage incurred in the premises for accommodation, in full amount, including the compensation of the lost profit at the amount of the valid accommodation price for the whole period during which the spaces intended for accommodation or part of the house will be decommissioned. This is also the responsibility of the guest in case the damage is caused by his / her children or other persons accommodated with the guest

Compensation of damages. XII.2.1. The Recipient is liable to the Provider and third parties for all damage incurred by the Provider and third parties as a result of a breach of the Recipient’s obligations under the Agreement or as a result of a failure to fulfil any obligation under the Agreement duly and on time. The Recipient is further liable to the Provider and third parties for all damage incurred by the Provider or the third parties as a result of incomplete, incorrect or false information stated in any documents, especially in the handover certificate (if this is required according to the Agreement). XII.2.2. Unless specified otherwise by the Agreement (especially in Sub VII), the Recipient is also fully liable for damage to the Subject, to the premises where the Subject was located and/or to items related to the Subject, located in the Subject, and/or for environmental damage, and/or damage to the lives or health of people, etc. XII.2.3. The Recipient shall compensate the Provider for any damage in money, unless the Provider notifies the Recipient in writing that it insists on compensation of damages in the form of restoration to the original condition. XII.2.4. The Provider is not liable to the Recipient for any damage to the Subject or in relation to it, unless the damage is caused intentionally by the Provider, particularly a) The Provider is not liable for any damage caused by defective or late delivery, function of the Subject (operating risks) or for its technical defects. The Recipient is not entitled to receive compensation of damages from the Provider or compensation of lost profit due to the Subject’s defect, or to compensation of costs caused by their removal; b) in the case of the financing a Subject containing any data, especially electronic data, the Provider is not liable for protection or use of this data, nor is it liable for any damage caused by insufficient protection of this data or its unauthorised use or in relation thereto, not even in the case of premature termination of the Agreement. XII.2.5. The Provider is not liable to the Recipient for any damage incurred by the Recipient in relation to any right of the Provider under the Agreement, the exercising of this right and/or premature termination of the Agreement by the Provider, if this concerns cases when the Provider proceeded in compliance with its rights afforded to it by the Agreement and/or the GTC.

Compensation of damages. In the event of a breach or non-fulfilment of any of the Seller’s or Buyer’s Warranties (each a “Warranty” and collectively the “Warranties”) by the respective warrantor (the “Warrantor”), the respective Warrantor (always subject to the restrictions, limitations and caps set out in this Agreement) shall be liable to pay to the respective warrantee (the “Warrantee”) an amount in cash which corresponds to the actual losses, liabilities or damages caused by the breach or non-fulfilment.

Compensation of damages. 18.1. Should one or more of the pre- sent General Terms and Conditions be violated, or CASHPOINT has justi- fied suspicion that these have been violated, CASHPOINT has the right to initially block the funds available in the CUSTOMER's account to cover the costs of the damage incurred and use them for regulation as soon as the li- ability for damages has been proven. 18.2. CASHPOINT reserves the right to assert any damage to the CUSTOMER that has arisen due to the behavior of the CUSTOMER at CASHPOINT itself, its employees and contractual part- ners. For this purpose, the rights of third parties may be transferred to CASHPOINT and asserted against the CUSTOMER.

Compensation of damages. The Parties undertake to strictly carry out their rights and obligations under this Agreement. In which, in case of breach, the breaching party is responsible for compensating all damages borne by the other party from such breach, and concurrently, is subject to a penalty of [***]% on the value of the portion of obligations not breached.

Compensation of damages. The German law principles of mitigation of damages (Schadensminderungspflicht), contributory negligence (Mitverschulden) pursuant to section 254 German Civil Code and “compensation of advantages” (Vorteilsausgleich) shall apply.

Compensation of damages. 7.1 The contractor is responsible for damage caused to the customer by breach of his obligations to the extent specified below. The contractor shall be released from the obligation to compensate if he proves that he was temporarily or permanently prevented from fulfilling his obligations under the Contract by an event of force majeure. 7.2 Liability for damage, including lost profit, caused to the customer by the contractor due to breach of obligations by the contractor, on the basis of which the customer suffered damage, is limited to the amount of the price of the work. At the same time, the customer does not have the right to compensation for damages due to the breach of the contractor's obligation to perform the work without defects (even if the defect occurs during the warranty period) in the event that the contractor satisfies the customer's claims for defective performance. 7.3 The provision of Article 7.2 shall not apply in the case of damage caused to a person on his natural rights, or caused intentionally or due to gross negligence.

Compensation of damages. 1. If this Agreement is terminated due to reasons attributable to GRAVITY, GRAVITY shall compensate Sunny as follows: a. If this Agreement is terminated before the Commercialization, GRAVITY shall return to Sunny, within seven business days from the effective date of termination, the Investment Amount described in Article 6, plus an amount equal to 30% of the Investment Amount. b. If this Agreement is terminated after the Commercialization, GRAVITY shall pay to Sunny, within seven business days from the effective date of termination, the Investment Amount described in Article 6 net of the Profit Allocation already paid to Sunny pursuant to Articles 7-3, 7-4, 8-2 and 8-3, plus an amount equal to 30% of the Investment Amount described in Article 6. 2. If this Agreement is terminated due to reasons attributable to Sunny, Sunny shall compensate GRAVITY, as follows: a. If this Agreement is terminated before the Commercialization, Sunny shall acknowledge an amount equal to 30% of the Investment Amount described in Article 6, which is already paid to GRAVITY, as damages to GRAVITY and shall not make claim for its return. b. If this Agreement is terminated after the Commercialization, Sunny shall acknowledge an amount equal to 30% of the Investment Amount described in Article 6, which is already paid to GRAVITY, as damages to GRAVITY and return to GRAVITY the Profit Allocations already paid by GRAVITY within seven business days from the effective date of termination. 3. Notwithstanding clauses 1 and 2 above, if the amount of actual damages exceeds the amounts described in such clauses, the party at fault shall compensate the other party for the amount of actual damages.

Compensation of damages. 14.1 In no event, but in case of willful misconduct or gross negligence, shall Licensor be held liable for any damages arising from lost profits, loss of income or from any consequential or indirect damages, loss or corruption of data, stop of production, loss of business opportunities or of any other benefit of any kind, penalties payable, delays or other liabilities of the Customer towards third parties that may arise, in full or in part, from the use -or lack of use- of Software. 14.2 To the maximum extent allowed by mandatory law provisions, in no event shall TeamSystem be held liable for any damages (neither direct nor indirect, incidental or consequential), costs, losses and/or expenses suffered by the Customer and/or by third parties as a consequence of cyber-attacks, hacking activities and, more in general, of third parties gaining illegal or unauthorized access to the computer systems of the Customer and/or of TeamSystem giving rise, without limitation, to any of the following situations: (i) inability to use the Software, in full or in part, (ii) loss of data that are in the property –or however in the availability– of the Customer, and (iii) damages to the hardware and/or software systems that are in the property –or however in the availability– of the Customer.