DAMAGES / LIABILITY Sample Clauses

DAMAGES / LIABILITY. 24.1. Save to the extent expressly provided in this Agreement, neither Party shall be liable to the other Party under this Agreement or in delict for any Losses incurred directly or indirectly as a result of any action or omission of such Party unless the said action or omission is due to the negligence of the defaulting Party. 24.2. If either Party is liable for damages caused to the other Party in terms of clause 24.1, such liability shall be limited to direct damages and will exclude consequential damages, provided that 24.2.1. consequential damages shall include, but shall not be limited to, loss of production, revenue, income or profit 24.2.2. the liability of the defaulting Party in respect of all Losses suffered or incurred by the non- defaulting Party shall in no circumstances exceed [ZAR 1 000 000,00 (one million Rand)] per incident or series of related incidents arising out of or in connection with any one event, and the maximum aggregate liability of the defaulting Party in respect of all Losses suffered or incurred by the non-defaulting Party (‘Aggregate Liability’) in respect of any events occurring in any calendar year shall not exceed [ZAR 5 000 000,00 (five million Rand)]; 24.2.3. In the determination of the Aggregate Liability, the total amount of any Losses from a single event totalling less than ZAR [1 000 000,00 (one million Rand)] shall be included in the calculation of the Aggregate Liability and in the event that any Losses total more than ZAR 1 000 000,00 (one million Rand) only ZAR [1 000 000,00 (one million Rand)] will be counted toward the calculation of the Aggregate Liability. 24.3. Despite anything to the contrary in this Agreement, save for clause 24.4, the MUNICIPALITY shall not be liable to the CUSTOMER for any Losses which are incurred by the CUSTOMER (whether directly or indirectly) as a result of any action or omission related to the design, construction, operation or maintenance of the Distribution System 24.4. Despite clause 24.3, nothing in this Agreement shall exclude or limit the liability of either Party for Losses suffered or incurred by the other Party which arise from the unlawful act or fraud of the first Party. 24.5. Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury or loss or damage to property, to an external party resulting directly from the negligence of the first-mentioned Party or any of its officers, directors, employees, contractors and agents a...
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DAMAGES / LIABILITY. You shall be responsible for any and all damages you cause to any vehicle or other property, including, without limitation, any insurance deductibles assessed, as a result of operation of our vehicles or other conduct.
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DAMAGES / LIABILITY. 8.1 Taets, its personnel and the assistants it has engaged will never be liable for any damages whatsoever suffered by the Organiser and/or his guests and/or visitors of the Event and/or third parties, unless the damages are the direct consequence of the intention or gross negligence of Taets. 8.2 Taets rejects any liability for the use of its goods or equipment present at the Location and any use of these will be at the risk of the Organiser. 8.3 Anything that has been brought to the location by or on behalf of the Organiser is situated there at the risk of the Organiser. Taets is not obliged to insure and/or guard these goods. Taets rejects any liability for damage to or the loss of these goods, properties or monetary values of the Organiser or of third parties due to any cause whatsoever, except for the intention or gross negligence of Taets. 8.4 Any and all liability of Taets will always be limited to not more than the agreed principal sum or, if it is more, the amount that will be reimbursed by Taets’ third party liability insurer. 8.5 Any loss of profits and other indirect loss are not eligible for compensation. 8.6 Regardless of the cause and regardless of the question of whether the Organiser failed attributably or is to blame, the Organiser will be liable towards Taets for the damages caused by him to: a) the Location; b) the goods of Taets; c) the personnel of Taets or to the assistants engaged by Taets; d) the visitors of the Event. 8.7 The Organiser shall take out event insurance for the Event. This insurance should in any event cover the risk of damages as meant in this Clause. 8.8 The Organiser indemnifies Taets against any claims by third parties with regard to circumstances as mentioned in Clauses 8.1, 8.2, 8.3 and 8.6. 8.9 If the agreement is entered into by two Organisers, these parties will be jointly and severally liable to Taets for the full performance of the obligations arising from the agreement.
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DAMAGES / LIABILITY. 15.1 The customer shall be responsible for keeping guard of its ship, the cargo and all things provided by the customer, in particular for its own watch guards, as well as for the observation of all relevant rules and regulations (such as regulations for the prevention of accidents) by the customer itself and the agents employed by it in the performance of its obligations and its vicarious agents. All other measures required for the prevention of damages (such as draining of piping and tubing and other frost protection measures) and mooring shall also fall within the province of the customer. When hazardous work is performed on board, the customer must ensure through its own surveillance measures that all customary requirements of due care are observed. The customer must notify us in writing about any imminent danger. The customer or the ship’s management appointed by it, as applicable, must also provide for proper lighting of the ship-based access to the ship. 15.2 Subject to paragraph 15.4 hereof, we are not liable for damages resulting from an incorrect docking plan, incorrect drawings or other documents provided by the customer or the lack of stability or of seaworthiness of the ship. The customer must expressly notify us in writing about special circumstances affecting the stability or seaworthiness of the ship and which could create a risk of damage to the ship or her equipment despite proper execution of work by the shipyard. 15.3 If objects are placed in our custody, we reserve the right to charge the customer with storage and other costs (such as the costs for re- storing) on the basis of rates that are reasonable and customary at the place of storage if the storage period exceeds six (6) weeks 15.4 Claims other than those provided herein or in the contract entered into with the customer shall be excluded unless such claims arise from the provisions of the Product Liability Act, the intentional or grossly negligent breach of contractual or legal obligations by the corporate bodies or senior management of our shipyard, personal injury or impairment of health of the customer or its employees or representatives caused by a breach of duty for which we are responsible, our warranty for the presence of particular characteristics, or the violation of our essential contractual obligations. Obligations that are essential to the contract are those the fulfillment of which allows us to properly perform our primary contractual obligations in the first place a...
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DAMAGES / LIABILITY. SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. SELLER IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, IN RESPECT OF SUCH GOODS OR THE USE OR FAILURE THEREOF, WHETHER BASED ON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS INCURRED HEREUNDER SHALL BE AS SET FORTH IN SECTION 3. THE PRICE OF THE GOODS IDENTIFIED HERETO IS CONSIDERATION FOR LIMITING SELLER’S LIABILITY. NO ACTION OR SUIT TO ENFORCE RIGHTS OR REMEDIES ARISING FROM THIS SALE SHALL BE COMMENCED LATER THAN ONE YEAR FROM THE DATE OF RECEIPT OF THE GOODS. SELLER’S LIABILITY FOR ANY CLAIM ASSERTED BY BUYER AGAINST SELLER (WHETHER BASED UPON A THEORY OF CONTRACT OR TORT) MUST NOT EXCEED THE PURCHASE PRICE FOR THE GOODS.
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DAMAGES / LIABILITY 
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Related to DAMAGES / LIABILITY

  • Company's Liability The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs: 1. If you notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less. 2. If you fail to notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00or the total of: • $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and • The total of authorized EFTs which occur during the two (2) days before notification to the Credit Union, provided the Credit Union establishes that these EFTs would not have occurred had the Credit Union been notified within that two-day period. 3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers; your liability will not exceed the amount of the unauthorized EFTs that occurred within the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above. 4. If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete out investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United Stated, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation. 5. You may notify the Credit Union by telephone, writing, or by email using the guest book provided in our online banking site. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • Advisor’s Liability The Advisor shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of the statements in each Fund’s offering materials (including the prospectus, the statement of additional information, and advertising and sales materials), except for information supplied by the co-administrators or the Trust or another third party for inclusion therein. The Advisor will not be liable for any error of judgment or mistake of law or for any loss suffered by Advisor or by the Trust in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its duties under this Agreement.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Indemnity/Liability You shall indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors, (including Airtime Service Providers) and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any damages, losses, costs or expenses (including reasonable lawyers’ fees and costs) incurred by a RIM Indemnified Party, and at the RIM Indemnified Party’s request defend at Your expense any third party claim or proceeding brought against the RIM Indemnified Party, arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a BlackBerry Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; or (b) Your breach of this Agreement or any Addendum to this Agreement. No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Xxxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Flender in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Flender shall, at its option, remedy a Defect by repair, replacement, or re-performance. Flender shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall xxxxx Xxxxxxx working access to the non- conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Flender. Upon Flender’s request, the Customer shall ensure that the title to the replaced parts/items shall pass to Flender. 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 If software is defective, Flender shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Flender or, if Flender is only licensee, from Flender’s licensor. If the software has been modified or individually developed by Flender, Flender shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Flender carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Flender for such remedial work including error diagnosis. 9.7 Any other liability of Flender and rights and remedies of the Customer in case of defects of the Supplies, other than those expressly stipulated in this Clause 9 or , in case Flender failed at least three times in remedying the defect, in Clause 15.2b) shall be excluded. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or law are, to the fullest extent permitted by applicable law, excluded from this Contract.

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