Common use of Indemnity and Exclusion of Liability Clause in Contracts

Indemnity and Exclusion of Liability. 11.1 The Customer undertakes and agrees to indemnify, save and hold harmless DEWAN BANDARAYA KOTA KINABALU, its servants, agents and subcontractors at all times against all actions, claims, proceedings, costs, losses and/or damages whatsoever, including but not limited to libel, slander, infringement of intellectual property, death, bodily injury or property damage howsoever arising which DEWAN BANDARAYA KOTA KINABALU, its servants, agents and subcontractors may sustain, incur or pay, or as the case may be, which may be brought or established against DEWAN BANDARAYA KOTA KINABALU, its servants, agents and subcontractors by any person arising out of or in connection with or by reason of the operation, provision or Use of the Services and/or equipment under, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customers, his servants, agents or subcontractors. 11.2 In no event shall DEWAN BANDARAYA KOTA KINABALU be liable to the Customer or any other persons for any loss or damage including any loss of business opportunity, consequential, indirect, special or incidental damages arising out of or in connection with or by reason of the operation, provision or Use of the Services and/or for any refusal, failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay in activation or access, inaccuracy or other non-performance of the Services or for any loss of information or otherwise. For the avoidance of doubt, DEWAN BANDARAYA KOTA KINABALU shall not be liable for any loss or corruption of the data and for any loss or damage sustained by the Customer due to any deletion, theft, transmission delay, error, omission, inaccuracies or otherwise with respect to any data. 11.3 Without limiting anything else herein contained, DEWAN BANDARAYA KOTA KINABALU shall not be liable to the Customer for the following:- (a) For any errors in the connectivity, accuracy of information transmitted/received vis-à- vis the MEPS infrastructure, the credit card company and the Payee. (b) If there is any disputed transaction between the Customer, Payee and the credit card company in a situation where the Customer had Used the Service (in his name or otherwise) on behalf of a third party (which the Customer is expressly prohibited from doing under the terms and conditions of this Service). (c) In any dispute between the Customer, Payee and the credit card company, which may or may not lead to a chargeback situation, it is the Customer's responsibility to deal directly with those parties. DEWAN BANDARAYA KOTA KINABALU shall not be liable to involve itself or assist in such dispute.

Indemnity and Exclusion of Liability. 11.1 The Customer undertakes and agrees to indemnify, save and hold harmless DEWAN MAJLIS BANDARAYA KOTA KINABALUSUBANG JAYA, its servants, agents and subcontractors at all times against all actions, claims, proceedings, costs, losses and/or damages whatsoever, including but not limited to libel, slander, infringement of intellectual property, death, bodily injury or property damage howsoever arising which DEWAN MAJLIS BANDARAYA KOTA KINABALUSUBANG JAYA, its servants, agents and subcontractors may sustain, incur or pay, or as the case may be, which may be brought or established against DEWAN MAJLIS BANDARAYA KOTA KINABALUSUBANG JAYA, its servants, agents and subcontractors by any person arising out of or in connection with or by reason of the operation, provision or Use of the Services and/or equipment under, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customers, his servants, agents or subcontractors. 11.2 In no event shall DEWAN MAJLIS BANDARAYA KOTA KINABALU SUBANG JAYA be liable to the Customer or any other persons for any loss or damage including any loss of business opportunity, consequential, indirect, special or incidental damages arising out of or in connection with or by reason of the operation, provision or Use of the Services and/or for any refusal, failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay in activation or access, inaccuracy or other non-non- performance of the Services or for any loss of information or otherwise. For the avoidance of doubt, DEWAN MAJLIS BANDARAYA KOTA KINABALU SUBANG JAYA shall not be liable for any loss or corruption of the data and for any loss or damage sustained by the Customer due to any deletion, theft, transmission delay, error, omission, inaccuracies or otherwise with respect to any data. 11.3 Without limiting anything else herein contained, DEWAN MAJLIS BANDARAYA KOTA KINABALU SUBANG JAYA shall not be liable to the Customer for the following:- (a) For any errors in the connectivity, accuracy of information transmitted/received vis-à- à-vis the MEPS infrastructure, the credit card company and the Payee. (b) If there is any disputed transaction between the Customer, Payee and the credit card company in a situation where the Customer had Used the Service (in his name or otherwise) on behalf of a third party (which the Customer is expressly prohibited from doing under the terms and conditions of this Service). (c) In any dispute between the Customer, Payee and the credit card company, which may or may not lead to a chargeback situation, it is the Customer's responsibility to deal directly with those parties. DEWAN MAJLIS BANDARAYA KOTA KINABALU SUBANG JAYA shall not be liable to involve itself or assist in such dispute.

Indemnity and Exclusion of Liability. 11.1 The Customer undertakes and agrees to indemnify, save and hold harmless DEWAN BANDARAYA KOTA KINABALUMAJLIS PERBANDARAN SUBANG JAYA, its servants, agents and subcontractors at all times against all actions, claims, proceedings, costs, losses and/or damages whatsoever, including but not limited to libel, slander, infringement of intellectual property, death, bodily injury or property damage howsoever arising which DEWAN BANDARAYA KOTA KINABALUMAJLIS PERBANDARAN SUBANG JAYA, its servants, agents and subcontractors may sustain, incur or pay, or as the case may be, which may be brought or established against DEWAN BANDARAYA KOTA KINABALUMAJLIS PERBANDARAN SUBANG JAYA, its servants, agents and subcontractors by any person arising out of or in connection with or by reason of the operation, provision or Use of the Services and/or equipment under, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customers, his servants, agents or subcontractors. 11.2 In no event shall DEWAN BANDARAYA KOTA KINABALU MAJLIS PERBANDARAN SUBANG JAYA be liable to the Customer or any other persons for any loss or damage including any loss of business opportunity, consequential, indirect, special or incidental damages arising out of or in connection with or by reason of the operation, provision or Use of the Services and/or for any refusal, failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay in activation or access, inaccuracy or other non-performance of the Services or for any loss of information or otherwise. For the avoidance of doubt, DEWAN BANDARAYA KOTA KINABALU MAJLIS PERBANDARAN SUBANG JAYA shall not be liable for any loss or corruption of the data and for any loss or damage sustained by the Customer due to any deletion, theft, transmission delay, error, omission, inaccuracies or otherwise with respect to any data. 11.3 Without limiting anything else herein contained, DEWAN BANDARAYA KOTA KINABALU MAJLIS PERBANDARAN SUBANG JAYA shall not be liable to the Customer for the following:- (a) For any errors in the connectivity, accuracy of information transmitted/received vis-à- à-vis the MEPS infrastructure, the credit card company and the Payee. (b) If there is any disputed transaction between the Customer, Payee and the credit card company in a situation where the Customer had Used the Service (in his name or otherwise) on behalf of a third party (which the Customer is expressly prohibited from doing under the terms and conditions of this Service). (c) In any dispute between the Customer, Payee and the credit card company, which may or may not lead to a chargeback situation, it is the Customer's responsibility to deal directly with those parties. DEWAN BANDARAYA KOTA KINABALU MAJLIS PERBANDARAN SUBANG JAYA shall not be liable to involve itself or assist in such dispute.

Indemnity and Exclusion of Liability. 11.1 The Customer undertakes Except as provided in Section 10.3 below, the Manager shall be entitled to be indemnified by the Client against any and agrees to indemnifyall liabilities, save and hold harmless DEWAN BANDARAYA KOTA KINABALUactions, its servants, agents and subcontractors at all times against all actionsproceedings, claims, proceedings, costs, losses and/or demands, damages whatsoever, and expenses (including but not limited to libel, slander, infringement of intellectual property, death, bodily injury or property damage howsoever arising which DEWAN BANDARAYA KOTA KINABALU, its servants, agents and subcontractors may sustain, incur or pay, or as the case may be, reasonable legal fees) which may be brought incurred by or established threatened against DEWAN BANDARAYA KOTA KINABALU, its servants, agents and subcontractors the Manager by any person arising out reason of it providing or in connection with having provided the Services or by reason of it exercising the operationpowers, provision authorities or Use discretions or carrying out any of its duties hereunder. Except as provided in Section 10.3 below, the Services and/or equipment under, Manager shall have no liability to the Client in connection with anything done or omitted to be done by reason of providing or pursuant to this Agreement and which are attributable having provided the Services to the actClient, omission or neglect of the Customers, his servants, agents or subcontractors. 11.2 In no event shall DEWAN BANDARAYA KOTA KINABALU be liable to the Customer or any other persons for any loss or damage including any loss of business opportunity, consequential, indirect, special or incidental damages arising out of or in connection with or by reason of exercising the operationpowers, provision authorities or Use discretions or carrying out any of its duties hereunder. The provisions of Sections 10.1 and 10.2 above shall not apply in the case of gross negligence, misconduct, fraud, breach of confidentiality (in respect of Clause 8 above), bad faith of the Services and/or for any refusalManager, failurematerial breach of this Agreement or reckless disregard of its obligations and duties under this Agreement. No person who shall be or has been an employee, disruptionagent, downtime, interruption, miscalculation, incorrect linkage, delay in activation director or access, inaccuracy or other non-performance partner of the Services or Manager shall have any liability for any loss to the Client arising in connection with the Services to be performed hereunder, save in respect of information any matter resulting from his/her misconduct, fraud, bad faith or otherwisereckless disregard for his/her obligations and duties in relation to the Client. For Junior staff of the avoidance Manager shall under no circumstances have any liability for any loss to the Client arising in connection with the Services. Each person who shall be or has been an employee, agent, director or partner of doubtthe Manager shall be entitled to be indemnified by the Client against any liabilities, DEWAN BANDARAYA KOTA KINABALU costs or expenses (including reasonable legal fees) incurred or threatened by reason of him/her related to the provision of Services being or having been an employee, agent, director or partner of the Manager, provided however that such person shall not be liable for any loss or corruption of the data and for any loss or damage sustained by the Customer due to any deletion, theft, transmission delay, error, omission, inaccuracies or otherwise so indemnified with respect to any data. 11.3 Without limiting anything else herein containedmatter resulting from his/her misconduct, DEWAN BANDARAYA KOTA KINABALU shall not be liable fraud, bad faith or reckless disregard for his/her obligations and duties in relation to the Customer for the following:- (a) For any errors in the connectivity, accuracy of information transmitted/received vis-à- vis the MEPS infrastructure, the credit card company and the PayeeClient. (b) If there is any disputed transaction between the Customer, Payee and the credit card company in a situation where the Customer had Used the Service (in his name or otherwise) on behalf of a third party (which the Customer is expressly prohibited from doing under the terms and conditions of this Service). (c) In any dispute between the Customer, Payee and the credit card company, which may or may not lead to a chargeback situation, it is the Customer's responsibility to deal directly with those parties. DEWAN BANDARAYA KOTA KINABALU shall not be liable to involve itself or assist in such dispute.