Deutsche Börse Clause Samples
Deutsche Börse. AG and the Contracting Party shall not be liable for any damages resulting from force majeure (e.g. riots, war or natural disasters) or other events beyond their control (e.g. strikes, lock-outs, traffic disruption, dispositions of domestic or foreign powers) as well as non-culpably caused technical problems, such as problems in connection with the computer system. Computer viruses and intentional attacks of “hackers” on the computer systems are considered as force majeure, provided that reasonable security measures have been taken.
Deutsche Börse. AG (“Guarantor”) hereby unconditionally and irrevocably guarantees to Seller (i) the due and punctual payment and performance of each of the obligations owing by Buyer under this Agreement if, as and when such obligations become due and (ii) the due and punctual payment of all Damages incurred by Seller resulting from the breach or default by Buyer of any of the provisions of this Agreement, including, for the avoidance of doubt, all Damages covered by the indemnity provided under Article 9 (collectively, the “Buyer Obligations”).
(a) In connection with a termination (in whole or in part) of this Agreement pursuant to Article 10, Guarantor’s obligations under this Section 11.16 shall terminate. For the avoidance of doubt, the guarantee under this Section 11.16 shall continue to apply to all those Buyer Obligations surviving a termination (in whole or in part) of this Agreement pursuant to Article 10.
Deutsche Börse. AG will report the results of any examination undertaken in accordance with paragraph 2 above to the Board of Management, which shall take the necessary measures with respect to the Exchange Participant and the Branch respectively.
Deutsche Börse. AG grants the Contracting Party the non-exclusive and non-transferable right to worldwide use of the “File Services” specified in the Appendix 1.