Damages and Liability Sample Clauses

Damages and Liability. The Renter will be personally liable for all damages incurred as a result of the use of the Community Room, including failure to thoroughly clean the Community Room. Damages incurred, including the cost necessary to clean the Community Room (to be calculated at a rate of $50 per hour per person required to complete the clean up), may be automatically deducted from the security deposit. If such amount exceeds the security deposit, Renter agrees to promptly pay the entire balance owed within 20 days. The Renter takes full responsibility for all damage, accidents, personal and property injury that occur on the property arising out of or related to use pursuant to this Agreement. The Renter will indemnify and hold harmless the Township, its Township Board, its officials and its employees and other members of the public on the Township property from any and all loss, including attorney’s fees incurred, that may be sustained in connection with any such damage or injury. Renter will promptly pay all such liabilities.

Damages and Liability. EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES WHICH DIRECTLY RESULTS FROM THE NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS OF EITHER PARTY; (A) UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DAMAGE TO BUSINESS OR BUSINESS RELATIONS), HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY ORDER FOR PRODUCT ARISING HEREUNDER OR THE PURCHASE OR USE OF PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE TO CUSTOMER; and (B) WITH THE EXCEPTION OF DAMAGES FOR THE BREACH OF OBLIGATIONS FOR WILLFUL MISUSE OR MISAPPROPRIATION OF SOFTWARE AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION IN NO EVENT WILL EITHER PARTY'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID OR OWED FOR THE PARTICULAR SERVICE OR UNIT OF PRODUCT WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. 15.1 Subject to Article 16 (Force Majeure), if for any Hour the quantity of Gas that is accepted or delivered at the TTF pursuant to this Agreement, does not equal the Contract Quantity for such Hour (the difference being the “Default Quantity”) due to a breach of any of Articles 5.1 and/or 5.2 by a Party (the “Party In Breach”), then 15.1.1 if the Party that is not in breach of Articles 5.1 and 5.2 (the “Party Not In Breach”) holds at the end of such Hour more Gas in its portfolio with the TSO than if the breach would not have occurred, the Party Not In Breach shall pay the Party In Breach the Default Quantity times the Sell Price as defined in the EFET TTF Appendix; and 15.1.2 if the Party Not In Breach holds at the end of such Hour less Gas in its portfolio with the TSO than if the breach would not have occurred, the Party in Breach shall pay the Party Not In Breach the Default Quantity times the Buy Price as defined in the EFET TTF Appendix. 15.2 Neither Party shall be liable to the other Party for any indirect or consequential damages resulting from or arising in connection with this Agreement, including but not limited to any loss of: use of property, plant or machinery, contract, profit or revenue, goodwill, or for any increased costs or any similar damages, howsoever arising, including but not limited to a Party’s sole or concurrent negligence, default or breach of a legal duty, whether or not foreseeable at the date of this Agreement. The first sentence of this Article 15.2 does not apply to Articles 7.6 and 7.7 (title warranties), 15.1 (settlement of Default Quantities), interest on amounts due, and does not apply in case of liability caused by Wilful Misconduct. 15.3 The amount or amounts for which a Party may be liable to the other Party under this Agreement in respect of any one event or circumstance or series of events or circumstances with the same cause, constituting or resulting in that Party’s breach of a provision of this Agreement shall not exceed five million Euros (€5,000,000). This Article 15.3 does not apply to Articles 12 (Fees), 7.6 and 7.7 (title warranties), 10.4 (liquidated damages), 15.1 (settlement of Default Quantities) and/or 17.6.4 (termination settlement) and does not apply in case of liability caused by Wilful Misconduct. 15.4 Where any provision of this Agreement provides for any amount to be payable by a Party upon or in respect of that Party’s breach of any provision of this Agreement, both Parties agree and acknowled...

Damages and Liability. Any individual, group, or organization using the meeting rooms shall be held responsible for willful or accidental damage to the Library building, grounds, collections or equipment caused by the group or organization, its members or those attending its program. Questions that are not covered in this agreement should be addressed to the Library.

Damages and Liability. 15.1 Subject to Article 16 (Force Majeure), if for any Hour the quantity of Gas that is accepted or delivered at the TTF pursuant to this Agreement, does not equal the Contract Quantity for such Hour (the difference being the “Default Quantity”) due to a breach of any of Articles 5.1 and/or 5.2 by a Party (the “Party In Breach”), then 15.1.1 if the Party that is not in breach of Articles 5.1 and 5.2 (the “Party Not In Breach”) holds at the end of such Hour more Gas in its portfolio with the TSO than if the breach would not have occurred, the Party Not In Breach shall pay the Party In Breach the Default Quantity times the Sell Price as defined in the EFET TTF Appendix; and 15.1.2 if the Party Not In Breach holds at the end of such Hour less Gas in its portfolio with the TSO than if the breach would not have occurred, the Party in Breach shall pay the Party Not In Breach the Default Quantity times the Buy Price as defined in the EFET TTF Appendix.

Damages and Liability. IN NO EVENT SHALL EXERGY BE LIABLE TO ANY PERSON FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER SPECIAL DAMAGES OF ANY DESCRIPTION INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY AND PROPERTY DAMAGE, EQUIPMENT DAMAGE, LOSS OF PROFITS OR REVENUES OR BUSINESS, COST OF CAPITAL, COST OF PURCHASE, COST OF RECALL, OR COST OF REPLACEMENT GOODS, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. FURTHER, IN NO EVENT SHALL EXERGY BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PRICE OF PARTICULAR PRODUCT SPECIFIED ON AN ORDER THAT IS THE SUBJECT MATTER OF A DISPUTE. CUSTOMER EXPRESSLY WAIVES ANY SECURITY INTEREST IN OR OTHER LIEN ON REJECTED PRODUCTS.

Damages and Liability. 10.1. The FMV have the right to withdraw the approval according to clause 4.4. in this Agreement if the Legal entity does not fulfil its obligations in accordance with this Agreement. 10.2. The Legal entity shall hold FMV harmless for damages incurred if the Legal Entity by act or omission does not fulfil its obligations in accordance with this Agreement or mandatory obligations according to the Regulation.

Damages and Liability. Neither the Group nor any of its members or guests shall use any guest room, meeting space or any other part of Hotel for any activity that is illegal or prohibited under any applicable law, rule or regulation. The Group shall be liable for any losses, damages and claims caused by any of its members or guests. Hotel shall have no liability whatsoever for any samples, displays, property or personal effects brought to Hotel by the Group or its members and/or guests. Hotel does not assume responsibility for personal property or equipment brought into the guest or meeting rooms or other areas of the Hotel regardless of whether personnel from the Group or Hotel secured those rooms. Group, by holding a room block or meeting room at Xxxxx Hotels, and guests and attendees, by using Hotel facilities, consent to Xxxxx Hotels Company, LLC.’s Privacy Policy (xxxxx://xxx.xxxxxxxxxxx.xxx/home/privacypolicy). Group will obtain all necessary rights and permissions prior to providing any personal data to Hotel, including all rights and permissions required for Hotel, Hotel affiliates, and service providers to use and transfer the personal data to locations both within and outside the point of collection (including to the United States) in accordance with Hotel’s privacy statement and applicable law. Notwithstanding any other provision, Hotel may use an individual’s own personal data to the extent directed by, consented to or requested by such individual. Group will comply with all applicable privacy and data protection laws. Group agrees to immediately notify Hotel without undue delay about any actual or suspected loss, theft, misuse, or other unauthorized access of such personal data. If Group requests that Hotel provide Group with access to guest reservation information pertaining to Group guests who have reserved rooms at the Hotel (“Attendees”), then Group warrants that Group has obtained consent from each Attendee for the Hotel to provide to Group such Attendee's reservation information, and to the extent permitted by law, Group further agrees to indemnify, defend and hold harmless Hotel and its employees from any costs, damages, fees or expenses of any kind arising from any claim(s) by an Attendee relating to the Hotel's disclosure of any Attendee's information.

Damages and Liability. A. JLR is not responsible for the loss of or damage to any equipment or materials owned or rented by an agency, group or organization using its meeting rooms, before, during, nor after the event, or at any time. B. Any affiliated agency, group or organization using the CCL shall be held responsible for willful, intentional, negligent or accidental damage to the CCL building, grounds or equipment caused by the group or organization, its members or those attending its program. C. Any affiliated agency, group or organization holding a meeting in the CCL must fully release and discharge JLR, its officers, members and employees from any and all claims from injuries, including death, damages or loss, which may arise or which may be alleged to have arisen out of, or in connection with the meeting. D. Any agency, group or organization must further indemnify and hold harmless and defend JLR, its officers, members and employees from any and all claims resulting from injuries, including death, damages and losses, including, but not limited to the general public, which may arise or may be alleged to have arisen out of, or in connection with the meeting.

Damages and Liability. The Renter accepts responsibility for all damages (includes extra clean-up of floors or walls), destruction or theft of property and injuries that may occur while using the facility as well as any damages that occur to the Portage Industrial Exhibition Association premises by those attending the event. All damages or losses will be billed to the Renter. Public Liability and Property Damage Insurance (PAL) is recommended in the amount of $2 million prior to the event taking place.