INDEMNITIES AND LIMITS OF LIABILITY. 9.1. CIL will indemnify the Customer for direct physical injury or death caused solely by defects in any of the Services or caused solely by the negligence of CIL’s assigned employees acting within the course of their employment and the scope of their authority.
9.2. CIL will indemnify the Customer for direct damage to property caused solely by defect in any of the Services or caused solely by the negligence of CIL’s assigned employees acting within the course of their employment and the scope of their authority. The total liability of CIL under this sub-clause shall be limited to £100,000 or twice the Agreement price (whichever is the lower) for any one event or series of connected events.
9.3. 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.
9.4. The Customer shall indemnify and defend CIL and its employees in respect of any claims by third parties which are occasioned by or arise from any CIL performance pursuant to the instructions of the Customer or its authorised representative.
9.5. Except as stated in Clause 9.1 and 9.2 above, neither party be liable to the other party for any special, incidental, indirect, or consequential damages (including lost profits or lost data), whether based on breach of contract, in tort (including negligence), product liability, or otherwise, and whether or not such party has been advised of the possibility of such damage, except it would be illegal for CIL to exclude or to attempt to exclude its liability or for fraud. The total cumulative liability of CIL in connection with this Agreement and the Services, whether in contract, in tort (including negligence) or otherwise, will not exceed the amount of fees paid by the Customer under this Agreement in the twelve (12) months preceding the event which gave rise to the claim. The existence of multiple claims will not expand this limit. The parties acknowledge that the fees reflect the allocation of risk set forth in this Agreement and that CIL would not enter into this Agreement without these limitations on its liability. The foregoing does not apply to breaches of Confidentiality (Clause 7) and/or Indemnities and Limits of Liability (Clause 9). The parties have agreed that the limitations specified in this section will survive termination of this Agreement for any reason and apply even if any limited remedy specified herein is fou...
INDEMNITIES AND LIMITS OF LIABILITY. Integritie will indemnify the Customer for direct physical injury or death caused solely by the negligence of its employees acting within the course of their employment and the scope of their authority. Except as expressly stated in this Agreement Integritie disclaims all liability to the Customer in connection with Integritie’s performance of this Agreement or the Customer’s use of the software and in no event will Integritie be liable to the Customer for physical injury or death damage to real property or for special, indirect or consequential damages or damages by virtue of the negligence of its employees or howsoever arising including but not limited to loss of profits or arising from loss of data or unfitness for user purposes. The Customer will indemnify and defend Integritie and its employees in respect of any third party claims which arise form any Integritie performance carried out on the instructions of the Customer or its employees. The Customer will indemnify Integritie in respect of any losses or expenses incurred by Integritie as a result of the Customer’s failure to maintain adequate current licences.
INDEMNITIES AND LIMITS OF LIABILITY. 12.1 Sandhill will indemnify the Customer for direct physical injury or death caused solely by defects in any of the Products or caused solely by the negligence of its assigned employees acting within the course of their employment and the scope of their authority.
INDEMNITIES AND LIMITS OF LIABILITY. 13.1 If Commissum fails to comply with any of its obligations under this Agreement, the Client shall give Commissum a reasonable opportunity to comply with its obligations (and Commissum shall provide such work free of charge provided that the compliance failure is not caused by any failure by the Client to comply with any of its obligations under this Agreement).
13.2 Commissum shall not be liable to the Client for any loss of profits or loss of business or for any special, indirect or consequential damages whether or not Commissum has been advised of the possibility of the same.
13.3 Subject to Clause 13.2, Commissum's liability in respect of each calendar year shall be limited to the higher of (i) £50,000 and (ii) the aggregate Charges paid by the Client in such calendar year.
INDEMNITIES AND LIMITS OF LIABILITY.
a. The Supplier indemnifies BCI, each of BCI’s Personnel and each of BCI’s Related Bodies Corporate from and against any claims (including third party claims) and losses suffered or incurred by any of them arising out of, or in connection with, any negligent or wrongful act or omission of the Supplier or any of the Supplier’s Personnel or the Supplier’s presence on the Site. This indemnity will be proportionately reduced to the extent the claim or loss is caused by the negligence of BCI or BCI’s Personnel.
b. Neither Party is liable to the other for Excluded Loss.
c. The exclusion of liability in clause 22b does not apply in respect of:
i. injury to, or illness or death of, any person;
ii. damage to, or loss or destruction of, any property;
iii. a breach of the party’s obligations under the Contract relating to Intellectual Property Rights or confidentiality;
iv. liability for a third party’s loss under an indemnity in clause 22a;
v. to the extent the liable party recovers insurance proceeds in respect of the liability from an insurance policy required to be effected in accordance with the Contract, or would have recovered insurance proceeds if it had complied with the Contract, complied with the terms of the relevant insurance policy, and taken all reasonable steps to diligently pursue any potential claim; or
vi. fraud, criminal offence, wilful default, wilful misconduct or Gross Negligence of the liable party or any of its Personnel.
d. For the purposes of determining the amounts recoverable under clause 22cv, the exclusion of liability in clause 22b must be disregarded.
INDEMNITIES AND LIMITS OF LIABILITY. 11.0. The Company will indemnify the Customer for direct physical injury or death caused solely by defects in any of the Products or caused solely by the negligence of its assigned employees acting within the course of their employment and the scope of their authority.
11.1. The Company will indemnify the Customer for direct damage to property caused solely by defects in any of the Products or caused solely by the negligence of its assigned employees acting within the course of their employment and the scope of their authority. The total liability of Redbridge Property Services Ltd under this sub clause shall be limited to £2 million for any one event or series of connected events.
11.2. Except as stated in clauses 11.1 and 11.2 above, the Company disclaims and excludes all liability to the Customer in connections with these terms and conditions including the Customer’s use of the Products and in no event shall the Company 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.
11.3. The Customer shall indemnify and defend the Company and its employees in respect of any claims by third parties which are occasioned by or arise from any Company performance or non-performance pursuant to the instructions of the Customer or its authorised representative.
INDEMNITIES AND LIMITS OF LIABILITY. 11.1 21st Century AV will indemnify the Customer for direct physical injury or death caused solely by defects in any of the Products or caused solely by the negligence of its assigned employees acting within the course of their employment and the scope of their authority.
INDEMNITIES AND LIMITS OF LIABILITY. 12.1 Keswick Computer Services Ltd disclaims and excludes all liability to the Customer in connection with these terms and conditions including the customers use of the Products and in no event shall Keswick Computer Services Ltd be liable to the Customer for special, indirect or consequential damage including but not limited to loss of profits or arising from loss of data or in connection with the use of 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.
12.2 The Customer shall indemnify and defend Keswick Computer Services Ltd and its employees in respect of any claims by third parties which are occasioned by or arise from any Keswick Computer Services Ltd performance or non-performance pursuant to the instructions of the Customer or its authorised representative.
INDEMNITIES AND LIMITS OF LIABILITY. 14.1 This clause sets out the entire financial liability of the Company (including any liability for the acts or omissions of the Company’s employees, agents and sub-contractors) to the Customer in respect of:
14.1.1 any breach of this Contract;
14.1.2 any use made or resale of the Products by the Customer, or of any product incorporating any of the Products; and
14.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Contract.
14.2 Nothing in this Contract shall limit or exclude the liability of
2.3 All orders are accepted and the Products and Services (as applicable) either party for:
14.2.1 death or personal injury resulting from negligence; or The Company may at any time amend this Contract by posting the amended Contract on the Website. The amended Contract shall apply to any orders placed on the Company or to the use of InTouch by the Customer.
2.4 It is agreed that the terms and conditions of this Contract (or any amendments to them) shall prevail over the Customer's terms and conditions of purchase.
INDEMNITIES AND LIMITS OF LIABILITY. 8.1 The Supplier makes no representations and gives no warranties, guarantees or undertakings concerning the Supplier’s performance of the Services except as expressly set out in this Agreement. All other warranties express or implied, by statute or otherwise, are excluded from this Agreement. There will be no obligation on the Supplier to correct or re-perform any of the Services except at the reasonable request of the Buyer in accordance with the terms and applicable charge rates set out in this Agreement.
8.2 The Buyer will indemnify the Supplier and keep the Supplier fully and effectively indemnified against any losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which the Supplier may sustain or incur which may be brought or established against the Supplier by any person and which arise in relation to any claims by third parties arising from the Supplier's performance pursuant to any instructions by the Buyer or its Authorised Representative including but not limited to instructions concerning the performance of the Services for third parties.
