Force Majeure; Liability. Neither Aramark nor Customer will be responsible for any losses or damages resulting from their respective non‐fulfillment of any terms or conditions of the Catering Agreement if performance by such party is impossible, or the Event(s) cannot be held at the Facility as scheduled, due to war, riot, strike, flood, pandemic, governmental order or mandate, or any other act or occurrence beyond the respective Party’s reasonable control (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the Parties will work together to reschedule the Event to a mutually acceptable date. If rescheduling is determined to be impossible by the Parties, Customer may cancel the Event; provided, however, Aramark shall be entitled to recover from Customer the out‐of‐pocket costs actually incurred by Aramark in preparing for such Event, which amounts may be retained from Deposits and other prepaid amounts received by Aramark from Customer. Notwithstanding any provision to the contrary herein, in no event shall Aramark or the Owner be liable to Customer, or any of Customer’s employees, agents, guests, invitees, or other third parties, for any claims, damages or losses, including personal injury or death, relating to or arising out of COVID‐19 (including variations thereof). Customer understands and acknowledges the ease with which COVID‐19 (including variations thereof) spreads among individuals, including individuals who are asymptomatic, the impossibility of guaranteeing complete protection from COVID‐19 for its employees, agents, guests, and invitees, and the inherit risks associated with holding the Event at the Facility, and Customer acknowledges these risks in connection with the Event and/or entering the Facility. It is the responsibility of Customer to advise its employees, agents, guests, and invitees of the above conditions. Without limitation of the foregoing, each Party is responsible for the conduct of its respective employees, agents, guests and/or invitees provided that Aramark will have no responsibility for damage to or loss of any of Customer’s (or its employees’, agents’, guests’ and/or invitees’) merchandise or property. FURTHERMORE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF BUSINESS, PROFITS, GOODWILL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES. Aramark’s liability is further limited to the amounts it receives from Customer pursuant to the Catering Agreement.
Force Majeure; Liability. Neither party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond the control of the responsible party. Force majeure events include, but are not limited to: natural disasters (e.g. lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; cable cuts, local exchange carriers' activities, and other acts of third parties; explosions and fires; embargoes, strikes, and labor disputes; and governmental decrees.
Force Majeure; Liability. The liability of COSMOTE GR shall be limited to and shall in no event exceed five thousand (5,000) EUR in respect of any one incident or series of incidents arising from the same cause. In no event will COSMOTE GR’s aggregate or cumulative liability for damages hereunder exceed 15,000 EUR during any twelve (12) month period from the Effective Date. Furthermore, within the limits of the law, in no event shall COSMOTE GR be liable for any Consequential Loss of whatsoever nature, in connection with the performance or non- performance of obligations under this Agreement. No employee of COSMOTE GR shall be liable to the Reseller under or in connection with the Agreement. Nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. Nothing in this Agreement excludes or limits Resellers liability for damages or losses caused by fraudulent misrepresentation or negligence which results in death or personal injury. Limitation of liability as described in this Article shall not apply if damage or loss is caused by Resellers unlawful intent (including fraud) or gross negligence. Non-performance of COSMOTE GR’s obligations pursuant to the Agreement or delay in performing same shall not constitute a breach of the Agreement if, and for as long as, it is due to a force majeure event, including, but not being limited to, governmental action, or requirement of regulatory authority, lockouts, strikes, shortage of transportation, war, rebellion or other military action, fire, flood, natural catastrophes, or any other unforeseeable obstacles that a COSMOTE GR is not able to overcome with reasonable efforts, or non-performance of obligations by a sub-contractor to COSMOTE GR pursuant to any of the aforementioned reasons. The Party prevented from fulfilling its obligations shall on becoming aware of such event inform the other Party in writing of such force majeure event as soon as possible. If the force majeure event continues for more than six (6) months, either Party shall have the right to terminate the Agreement with immediate effect by written notice. If fails to inform the other Party of the occurrence of a force majeure event as set forth in the articles above, then such Party thereafter shall not be entitled to refer such events to force majeure as a reason for non-fulfilment. This obligation does not apply if the force majeure event is known by both Parties or the affected Party is unable to inform the other Party d...
Force Majeure; Liability. The Company shall not be liable to Trader for any claims, losses, damages, costs, or expenses, including attorneys’ fees, caused directly or indirectly by any events, actions, or omissions, including but not limited to civil unrest, war, insurrection, international intervention, governmental action (including exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions,
Force Majeure; Liability
