Indemnities and Limitation of Liabilities. 12.1 Each Party shall indemnify and hold harmless other Parties against any claims, actions, procedures, losses, damages, costs and expenses (including court and attorney fees) arising from or in connection with the Agreement. 12.2 Under no circumstances, the Service Provider shall be liable for any of the following losses or damages suffered by Party A or any person who submit claims via Party A, whether directly or indirectly, immediate or consequential, whether based on contract, tort (including negligence) or any other claims: (1) profit loss; (2) loss of expected revenue; (3) loss of business opportunities; and (4) loss of goodwill. 12.3 In case the Service Provider shall compensate any other Parties under the Agreement and related agreements, the Parties shall calculate liabilities for breach of the contract as agreed. The Service Provider will define the compensation amount on full account of three indicators, i.e. availability rate of key systems, number of major events and PER completion rate. Such compensation amount shall be settled with Party A semiannually and be refunded to Party A in the fee xxxx of the following month.
Appears in 2 contracts
Samples: Technology Service Agreement (Oneconnect Financial Technology Co., Ltd.), Technology Service Agreement (Oneconnect Financial Technology Co., Ltd.)
Indemnities and Limitation of Liabilities. 12.1 11.1 Each Party shall indemnify and hold harmless other Parties against any claims, actions, procedures, losses, damages, costs and expenses (including court and attorney fees) arising from or in connection with the Agreement.
12.2 11.2 Under no circumstances, the Service Provider Providers shall be liable for any of the following losses or damages suffered by Party A or any person who submit claims via Party A, whether directly or indirectly, immediate or consequential, whether based on contract, tort (including negligence) or any other claims:
(1) profit loss;
(2) loss of expected revenue;
(3) loss of business opportunities; and
(4) loss of goodwill.
12.3 11.3 In case the Service Provider Providers shall compensate any other Parties under the Agreement and related agreements, the Parties shall calculate liabilities for breach of the contract as agreed. The Service Provider Providers will define the compensation amount on full account of three indicators, i.e. availability rate of key systems, number of major events and PER completion rate. Such compensation amount shall be settled with Party A semiannually semi-annually and be refunded to Party A in the fee xxxx of the following month.
Appears in 2 contracts
Samples: Information Technology Service Agreement (Oneconnect Financial Technology Co., Ltd.), Information Technology Service Agreement (Oneconnect Financial Technology Co., Ltd.)