Deutsche Börse AG shall pay. damages - irrespective of the legal grounds (e.g. default or tort) - only in the following scope: a) In the event of wilful intent, Deutsche Börse AG shall be fully liable. b) In the event of gross negligence and in the event of default regarding a guarantee undertaking Deutsche Börse AG shall be liable up to the amount of the foreseeable damage which should be prevented by the relevant duty of care or the guarantee undertaking. c) In the event of simple negligence, Deutsche Börse AG shall only be liable when defaulting with a cardinal obligation, i.e. an obligation which is so material that the attainment of the purpose of the agreement is jeopardized. In this case, Deutsche Börse shall be liable for the damage which is typical and was foreseeable. d) Beyond lit. a) to c), Deutsche Börse AG shall not be liable. e) As far as Deutsche Börse AG is obliged to compensate frustrated expenses, the stipulations at lit. a) to c) shall apply mutatis mutandis. f) The statutory liability for the injury of life, body and health, as well as under the Product Liability Act, shall remain unaffected.
Appears in 4 contracts
Samples: Non Display Agreement, Non Display Agreement, Non Display Agreement
