Further Liability. The obligations of the Company and each of the Guarantors under this Section 6 shall be in addition to any liability which the Company or any of the Guarantors may otherwise have and shall extend, upon the same terms and conditions, to each officer, director and partner of each holder, agent and underwriter and each person, if any, who controls any holder, agent or underwriter within the meaning of the Securities Act; and the obligations of the holders and any agents or underwriters contemplated by this Section 6 shall be in addition to any liability which the respective holder, agent or underwriter may otherwise have and shall extend, upon the same terms and conditions, to each officer and director of the Company or any of the Guarantors (including any person who, with his consent, is named in any registration statement as about to become a director of the Company or any of the Guarantors) and to each person, if any, who controls the Company within the meaning of the Securities Act.
Further Liability. Upon the expiration of the Term of this Ground Lease, neither party shall have any further obligation or liability to the other except as otherwise provided in this Ground Lease and except for (a) such obligations as by their nature or under the circumstances can only be, or by the provisions of this Ground Lease may be, performed after such expiration, and (b) any liability for Rent, and (c) any liability for acts or negligent omissions occurring during the Term, and (d) any obligation or liability under Articles IX, all of which shall survive such expiration.
Further Liability. If this Agreement is terminated for any reason, none of the parties hereto shall have any further liability hereunder of any nature whatsoever to the other parties; provided, however, that, notwithstanding the foregoing, (i) this Section 4.4(b) shall not preclude liability from attaching to a party who has caused the termination hereof by a willful act or a willful failure to act in violation of the terms and provisions hereof, and (ii) termination of this Agreement shall not terminate or affect the agreements of the parties contained in Section 2.7 (No Broker's or Finder's Fees), Section 3.6 (Publicity), Article V (Termination Obligations) and Section 7.2 (Confidentiality) hereof, the provisions of all of which shall survive any termination of this Agreement; provided, however, that any aggrieved party, without terminating this Agreement, shall be entitled to specifically enforce the terms hereof against the breaching party or parties in order to cause the Merger to be consummated. Each party hereto acknowledges that there is not an adequate remedy at law to compensate the other parties with respect to relating to the non-consummation of the Merger. To this end, each party, to the extent permitted by law, irrevocably waives any defense it might have based on the adequacy of a remedy at law that might be asserted as a bar to specific performance, injunctive relief or other equitable relief.
Further Liability. Unless expressly stipulated in these conditions, all further contractual or legal claims against us, especially claims for compensation including compensation for indirect or consequential damages are excluded. We are liable, however, for gross negligence, but only for typical damages re- sulting therefore, or in other cases of strict legal liability.
Further Liability. 10.1 Unless otherwise specified in these general terms and conditions, including the following provisions, Xxxxx is liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions.
10.2 Xxxxx is responsible for damages - for whatever legal reason - if the company or its legal representatives or vicarious agents have acted with intent or gross negligence. In case of simple negligence by Xxxxx or their legal representatives or vicarious agents, Xxxxx is only liable
a) for damages resulting from injury to life, body or health, b) for damages resulting from the breach of a material contractual obligation. Material contractual obligations are such obligations, whose fulfillment is essential to the due performance of the contract and upon which adherence the Customer relies and may rely. In this case, however, the liability of Xxxxx is limited to the compensation of the foreseeable, typically occurring damages.
10.3 The limitations of liability resulting from Number 10.2 do not apply if Xxxxx fraudulently concealed a defect or gave a guaranty of the quality of the goods. The same applies to claims under the German Product Liability Act.
10.4 For the avoidance of doubt the "Release to service certificates" issued by Xxxxx for the goods only indicates that the certified goods may be used for air transportation; however, Xxxxx expressly does not provide any quality guarantee in this regard.
10.5 Due to a breach of obligation which does not qualify as a defect, the Customer may only withdraw or terminate the contract if Xxxxx is responsible for the breach of obligation. Apart from that, the statutory provisions and legal consequences apply.
10.6 The above exclusions and limitations of liability apply to the same extent for the benefit of the legal representatives, employees and other vicarious agents of Xxxxx.
Further Liability. In no event or way will Xxxxxxx County, its Commissioners, officers, directors, or County Representatives be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including, but not limited to, personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the services and/or the equipment installed and/or serviced under this Agreement. The limitations set forth herein apply to claims founded in all areas, including, but not limited, to breach of contract, breach of warranty, and product liability, and apply whether or not Xxxxxxx County was informed of the likelihood of any particular type of damages.
Further Liability a) Furthermore, any claims for damages of the Buyer, irrespective of legal basis, are excluded. This shall not apply in cases that are based on intent, gross negligence or the breach of a material contractual obligation. In case of breach of a material contractual obligation, compensation for damages shall be limited to the foreseeable, typically occurring damage. No change of burden of proof to the disadvantage of the Buyer is connected with the preceding provisions.
b) Should the Buyer sell, modify or combine the Goods delivered with other Goods, the Buyer shall, internally, exempt SWISS SOLAR from any product liability claims of third parties, unless SWISS SOLAR is responsible for the defect causing the liability.
c) Any changes on the Goods and any marking which could be regarded as mark of origin of the Buyer or a third party are inadmissible.
Further Liability. If this Agreement shall be terminated by a Remarketing Agent or Reset Agent pursuant to Section 9(a), the Company shall then be under no liability to such Remarketing Agent or Reset Agent except as provided in Sections 1, 4, 6 and 9 hereof; but, if for any other reason, any Notes are not remarketed by or on behalf of the Company as provided herein, the Company will reimburse the Remarketing Agents and Reset Agents for all out-of-pocket expenses, including fees and disbursements of counsel, reasonably incurred by the Remarketing Agents and Reset Agents in making preparations for the Remarketing of the Notes not so remarketed, but the Company shall then be under no further liability to the Remarketing Agents and Reset Agents in respect of the Notes not so remarketed except as provided in Sections 1, 4, 6 and 9 hereof.
Further Liability. If this Agreement is terminated for any reason, no party to this Agreement shall have any further liability hereunder of any nature whatsoever to the other parties hereto; provided, however, that, notwithstanding the foregoing, (i) this Paragraph 25
Further Liability. If the Event is virtual or partly virtual, notwithstanding any other provision of these T&C, to the maximum extent permitted by Applicable Laws, we shall not be liable for:
(a) any loss or damage due to temporary unavailability of the Event Platform as per Section 4.7;
(b) any loss or damage caused by any content on the Event Platform (including content available to download or from third party links);
(c) libellous or unlawful postings made on the Event Platform; or
(d) any postings on the Event Platform which infringe the intellectual property rights of others.
