FOCBS liability Sample Clauses

FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication the system of the EETS provider and the EETS provider's on-board units in the territory of Switzerland or the Principality of Liechtenstein. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.
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FOCBS liability. The FOCBS shall be liable towards the EETS provider solely for physical injury and other damage caused intentionally or through gross negligence. The liability of the FOCBS is excluded in all other circumstances. Liability for other damages is limited to what was typical and foreseeable for the contract. The FOCBS accepts no liability for damage arising from or in connection with the electronic exchange of data or information. In particular, it shall not be liable for damage resulting from transmission errors, technical defects, malfunctions or interruptions of its electronic connections (including interface), illegal interference with telecommunications equipment, virus infiltration, copying and falsification of content, network overload, failure to detect forgeries, identity or credential defects, or wilful or accidental blocking of electronic connections by third parties. This exclusion of liability concerns in particular the EETS portal and communication between the FOCBS's roadside infrastructure and the EETS provider's on-board units. Similarly, the FOCBS accepts no liability for any damage resulting from the possible involvement of third parties in the performance of this contract. Claims of the EETS provider against the FOCBS arising from the conclusion of EETS approval contracts with other providers are thus excluded.

Related to FOCBS liability

  • 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”).

  • 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.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

  • Contractor’s Liability If the Contractor fails to comply with any applicable laws, rules, or regulations, and that failure results in a site or worker contamination, the Contractor will be held solely responsible for all costs involved in any required corrective actions, and shall defend, indemnify, and hold harmless the District, pursuant to the indemnification provisions of the Contract, for all damages and other claims arising therefrom. If lead disturbance is anticipated in the Work, only persons with appropriate accreditation, registrations, licenses, and training shall conduct this Work. It shall be the responsibility of the Contractor to properly dispose of any and all waste products, including, but not limited to, paint chips, any collected residue, or any other visual material that may occur from the prepping of any painted surface. It will be the responsibility of the Contractor to provide the proper disposal of any hazardous waste by a certified hazardous waste hauler. This company shall be registered with the Department of Transportation (DOT) and shall be able to issue a current manifest number upon transporting any hazardous material from any school site within the District. The Contractor shall provide the District with any sample results prior to beginning Work, during the Work, and after the completion of the Work. The District may request to examine, prior to the commencement of the Work, the lead training records of each employee of the Contractor. I acknowledge and certify under penalty of perjury, that:

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

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