Indemnities and Limitations of Liability. 6.1. You will indemnify us, and keep us indemnified on demand, in respect of all liabilities, losses or costs of any kind or nature whatsoever that may be incurred by us as a direct or indirect result of any failure by You or Your Registrants to perform any of the obligations under this Agreement, claims made in relation to Your Registration Agreement(s), Registry TLD or claims made in relation to any false information or declaration made either to us or to any third party. You acknowledge that this indemnity extends to our legal and administrative costs and expenses incurred in respect of taking any legal or investigatory action against You, or instructing any debt collection agency, to recover monies owed by You to us.
6.2. To the extent permitted by law, You will indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any Registrant and/or any person obtaining access to Your account, whether or not You authorised such access.
6.3. Without prejudice to any other terms of this Agreement, we will have no liability to You in relation to any loss that You suffer as a result of any delay or defect in or failure of the whole or any part of our Registry Website, email system or any other communication platform as we may advise You from time to time, software or any systems or network links or any other means of communication. We will have no liability to You, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into Your computer hardware or software, provided that we have taken reasonable steps to prevent any such introduction.
6.4. Unless a Party is prohibited from excluding such liability by law (for example, for losses relating to death or personal injury or caused by our fraud), and excluding for either party’s breach of its obligations of confidentiality hereunder, neither Party shall be liable for any direct, indirect, special, incidental, punitive or consequential damages (including, without limitation, loss of business, loss of profits, failure to avoid a loss, loss of data, loss or corruption of data, loss of goodwill or reputation) caused by any act or omission of such Party under this Agreement. The total liability of the Parties to the other shall not exceed the amount paid by the Registrar for the previou...
Indemnities and Limitations of Liability. Subject to the following provisions of this Clause 47, the Service Provider shall on demand indemnify and keep indemnified TfL, for and on behalf of itself and all other members of the TfL Group and their respective officers from and against (and shall pay on demand) any Losses which may arise out of, by reason of or in connection with the Service Provider's breach of this Agreement except in so far as, and to the extent that the damage, injury or loss is caused by the negligence or wilful misconduct of TfL or its agents, employees or contractors or by the breach by TfL of its obligations under this Agreement.
Indemnities and Limitations of Liability. 5.9. Notwithstanding the foregoing, nothing in Section 5 shall be interpreted to diminish our rights with respect to the data referenced to in this Agreement and our obligations with respect to Personal Data shall be governed only by Sections 2.9 and 3.4; provided, however, that we agree not to disclose the names of active Registrants sponsored by You to any other Registrar unless and to the extent such disclosure is required to facilitate the transfer of Registered Names or pursuant to any governmental or regulatory requirement.
Indemnities and Limitations of Liability. 26.1 All indemnities and limits on liability under this Agreement are only applicable to the extent they are legally permissive.
Indemnities and Limitations of Liability. 10.1 The services of the company are provided "As Is" and "As Available", and company makes no warranties of any kind, express or implied, including, but not limited to, warranties of merchantability and fitness for particular purpose. The company does not warrant that company website(s), servers, or e-mail communication are free of viruses or other harmful components. The company will not be liable for any damages of any kind arising from the use of trading platform or website(s), including, but not limited to direct, indirect, incidental, punitive and consequential damages.
10.2 Client acknowledges and agrees that the Trading Platform follows the relevant market, whether the Client is in front of his computer or not, and whether the Clients computer is switched on or not, and will exercises the order left by the Client if applicable.
10.3 The Client shall, upon first demand by the Company, compensate the Company from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company.
10.4 The Company shall have the right to set-off any amount owed by the Company to the Client, against any debt or other obligation of the Client towards the Company. In any event of Default of Client (voluntary or involuntary insolvency procedures against the Client) all debts, future debts and other obligations of the Client towards the Company, shall become immediately due.
Indemnities and Limitations of Liability. 12.1 The Supplier will indemnify the Authority, its officers, and agents against all claims, demands, actions, costs and expenses (including legal costs and disbursements) which the Authority incurs as a result of any act, omission or default of the Supplier, its employees, officers, agents, sub-Suppliers, suppliers and invitees in respect of:
12.1.1 breach of the warranties in clause 11 (Warranties);
12.1.2 damage to real or personal property; and
12.1.3 injury to persons, including injury resulting in death; except in so far as, and to the extent, that the damage or injury is caused by any Authority Default.
12.2 Notwithstanding anything else in this agreement, the liability of the Supplier under or in connection with this agreement, whether arising from contract, negligence or otherwise, shall be limited as follows:
12.2.1 for loss or damage to physical property, the limit for any one or series of connected events will be £ 2 million (pounds sterling); and
12.2.2 for any other liability, the aggregate liability shall be the greater of £1 million (pounds sterling) or 300% of the Charges payable during the term of this agreement.
12.3 The amounts referred to in clause 12.2 (Indemnities and Limitations of liability) will be adjusted in the line with the changes in the Relevant Index.
12.4 Neither party shall be liable for an indirect or consequential loss or loss of profits (whether direct or indirect loss of profits).
12.5 The parties agree that the following losses are direct losses and shall not be treated as indirect or consequential losses or loss of profits for the purposes of clause 12.4 (Indemnities and limitations of liability):
12.5.1 bank charges, interest and reasonable operational and administrative costs and expenses necessarily incurred by the Authority or third parties as a result of a breach of this agreement or a negligent act or omission of the Supplier, its agents, employees or sub-contractors;
12.5.2 the cost of idle time of staff, goods and facilities of the Authority and any third parties engaged by the Authority, insofar as such costs cannot reasonably be avoided;
12.5.3 the Authority‟s reasonable and documented costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a direct result of the Supplier‟s negligence or default (including, but not limited to, costs of staff providing or re-providing the Development Services which, in accordance with the agreement, should have ...
Indemnities and Limitations of Liability. 15.1 Each party indemnifies the other for direct physical injury or death to the extent that it is shown to have been caused by the negligence of that party or its employees in connection with the performance of this Agreement.
15.2 ROKE will indemnify PEAK for direct damage to property to the extent that it is shown to have been caused by the negligence of ROKE or its employees in connection with the performance of this Agreement. ROKE’s total liability under this sub-clause will by limited to £250,000 (two hundred and fifty thousand pounds sterling) for any one event or series of connected events.
15.3 Any contractual liabilities of ROKE to PEAK under this Agreement including all related costs, fees and expenses will not under any circumstances cumulatively exceed £125,000 paid to ROKE by PEAK under Clause 3 of this Agreement.
15.4 Except as stated in this Agreement ROKE disclaims all liability to PEAK in connection with ROKE’s performance under this Agreement and in no event will ROKE be liable to PEAK for any special, indirect or consequential damages including but not limited to loss of profits or arising from loss of data, loss of use or loss of opportunity.
Indemnities and Limitations of Liability. Procad disclaims and excludes all liability to the Customer in connection with these terms and conditions including the Customer’s use of the Products and in no event shall Procad be liable to the Customer for special, indirect or consequential damage including but not limited to loss of profits arising from loss of data or in connection with the use of the Products. All terms of any nature, express or implied, statutory or otherwise, as to correspondence with any particular description or sample, fitness for purpose or merchantability, are hereby excluded. The Customer shall indemnify and defend Procad and its employees in respect of any claims by third parties which are occasioned by or arise from any Procad performance or non-performance pursuant to the instructions of the Customer or its authorised representative.
Indemnities and Limitations of Liability. Each party indemnifies the other for direct physical injury or death to the extent that it is shown to have been caused by the negligence of that party or its employees in connection with the performance of this Agreement.
Indemnities and Limitations of Liability. For the purposes of this Clause “third party” shall mean any party which is not a member of ORGANISATION GROUP or TQ SERVICES. For the purposes of this Clause the expression “Consequential Loss” shall mean indirect losses and / or loss of production, loss of product, loss of use and loss of revenue, profit or anticipated profit arising from or related to the performance of the AGREEMENT and whether or not such losses were foreseeable at the time of entering into the AGREEMENT. TQ SERVICES shall be responsible for and shall save, indemnify, defend and hold harmless ORGANISATION GROUP from and against all claims, losses, damages, costs (including legal costs) expenses and liabilities in the respect of; loss or damage to property of TQ SERVICES whether owned, hired, leased or otherwise provided by TQ SERVICES arising from or relating to the performance of the AGREEMENT, and personal injury including death or disease to any person employed by TQ SERVICES arising from or relating to the performance of the AGREEMENT; and personal injury including death or diseases or loss of or damage to the property of any third party to the extent that any such injury, loss or damage is caused by the negligence or breach of duty (whether statutory or otherwise) of TQ SERVICES. ORGANISATION shall be responsible for and shall save, indemnify, defend and hold harmless TQ SERVICES from and against all claims, losses, damages, costs (including legal costs) expenses and liabilities in respect of ; Loss or damage to property of ORGANISATION GROUP whether owned, hired, leased or otherwise provided by ORGANISATION GROUP arising from or relating to the performance of the AGREEMENT ; and Personal injury including death or disease or loss of or damage to
