INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd entering into any transaction or Contract; or iii Tickmill Ltd taking any of the steps which Tickmill Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
INDEMNITY AND LIMITATIONS OF LIABILITY. 19.1 The Customer is obliged to compensate the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by the Company as a result of or in connection with: i the Customer's breach of this Agreement; ii The Company entering into any transaction or Contract; or iii The Company taking any of the steps which the Company is entitled to take in an EOD; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of the Company's gross negligence or willful default.
19.2 This right to compensation shall survive any termination of the Customer relationship.
INDEMNITY AND LIMITATIONS OF LIABILITY. 13.1. Neither Party limits or excludes its liability for:
13.1.1. Death or personal injury caused by its negligence or the negligence of its employees (and in respect of TransferMate, TransferMate Personnel);
13.1.2. Fraud or fraudulent misrepresentation by it or its employees (and in respect of TransferMate, TransferMate Personnel);
13.1.3. Any act or omission of the Party which causes the other Party to be in breach of Data Protection Law (and in respect of TransferMate, TransferMate Personnel); or
13.1.4. Any liability to the extent that it cannot be limited or excluded by Applicable Law.
13.2. You assume responsibility in full for any direct losses arising from:
13.2.1. all Payment Transactions entered by Users using authorised usernames and passwords; and
13.2.2. Your failure to obtain appropriate agreement and consent from Affiliates in relation to funding Payment Transactions from a Funding Account in the name of that Affiliate.
13.3. We assume responsibility in full for any direct losses arising from any failure to pay monies to the designated Beneficiary, unless the reason for such non-payment is provided for herein;
13.4. Notwithstanding anything to the contrary herein, each Party’s liability under Clauses 13.2 or 13.3 respectively, in respect of each claim or dispute shall not exceed the actual amount that was subject to the Payment Transaction.
13.5. TransferMate shall not be liable for any suspension, withdrawal, interruption or termination of Your access to the Services where such suspension, withdrawal, interruption or termination is in line with TransferMate’s legal and / or regulatory obligations.
13.6. Each Party (the “Indemnifying Party”) shall indemnify, defend and hold the other Party and its Affiliates (the “Indemnified Party”), harmless against all costs, liabilities, losses, and expenses (including reasonable legal fees) suffered by the Indemnified Party as a result of a third party claim (each a “Claim”), that results from the Indemnifying Party’s, its Affiliates’, or their respective employee’s, agent’s, representative’s or subcontractor’s, Subprocessors;
13.6.1. misuse of the Services;
13.6.2. breach of Clause 17 (Confidential Information);
13.6.3. where applicable, a Claim brought by Your Affiliate alleging that it has not authorised a Payment Transaction entered by a User using an authorised username and password and made by TransferMate in accordance with these Terms;
13.6.4. failure to comply with the Applicable Law (includin...
INDEMNITY AND LIMITATIONS OF LIABILITY. The Client is obliged to compensate FXC for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by FXC as a result of or in connection with:
INDEMNITY AND LIMITATIONS OF LIABILITY. 20.1 The Client is obliged to compensate U TRADE MARKETS for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by U TRADE MARKETS as a result of or in connection with: i the Client's breach of this Agreement; ii U TRADE MARKETS entering into any transaction or Contract; or iii U TRADE MARKETS taking any of the steps which U TRADE MARKETS is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of U TRADE MARKETS's gross negligence or willful default.
20.2 This right to compensation shall survive any termination of the Client relationship.
20.3 Without prejudice to Clause 6 U TRADE MARKETS shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of U TRADE MARKETS's gross negligence or willful default;
INDEMNITY AND LIMITATIONS OF LIABILITY. 20.1 The Customer agrees to indemnify and hold harmless the Virta and its officers, directors, employees and resellers (individually an “Indemnified Party” and collectively the “Indemnified Parties”) promptly upon demand and from time to time, from and against any and all losses and claims to which any Indemnified Party may become subject insofar as such losses and claims arise out of or in any way relate to or result from (i) any breach of any obligations or covenants of the Customer contained in this Agreement; (ii) any and all costs and expenses incurred by any Indemnified Party in respect of a claim under this Section 20.1; (iii) any claim or proceeding by any third party against the Virta arising out of any act or omission by the Customer. The rights of an Indemnified Party pursuant to this Section 20.1 shall be in addition to and not exclusive of, and shall be without prejudice to, any other rights and remedies available to such Indemnified Party.
20.1.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIRTA BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEYS FEES AND COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF ONE MILLION (1 000 000) EUROS.
20.1.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIRTA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO GOODWILL, BUSINESS INTERRUPTION OR LOSS OF PROFITS OR DATA, BUSINESS OPPORTUNITIES, BREACHES, ACTS OR OMISSIONS BY EV DRIVER, CPO OR ROAMING PARTNER.
20.1.3 THE FOREGOING LIMITATIONS APPLY EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
INDEMNITY AND LIMITATIONS OF LIABILITY. Neither Healing Hands International, nor any of its officers, agents, employees, or other representatives shall be held liable for, and they are hereby released from liability for, any damage, loss, harm, or injury to the person or property of the Sponsor or any of its visitors, officers, agents, employees, or other representatives, resulting from their theft, fire, water, or accident or any other cause. The liability of risks of the visitors, employees, agents, or exhibits of Sponsors shall be the responsibility of the Sponsor. It is the responsibility of the Sponsor to maintain proper insurance coverage for its property and liability
INDEMNITY AND LIMITATIONS OF LIABILITY. Neither the sponsor nor the Show Building nor any of its officers, agents, employees or other representatives shall be held liable for, and they are hereby released from liability for, any damage, loss, harm or injury to the person or property of the exhibitor or any of its officers, agents, employees or other rep- resentatives resulting from theft, fire, water, accident or any other cause. The exhibitor shall indemnify, defend and protect the sponsor and the Show Building against, and hold and save the sponsor and the Show Building harmless from, any and all claims, demands, suits, liability, damages, loss, costs, attorneys’ fees and expenses of whatev- er kind or nature, including, but not limited to, claims of damage or loss resulting from the breach of these terms, conditions and rules, claims of property or personal injury caused by or attributable in whole or in part to any action or failure to act whether by negligence or otherwise, on the part of the exhibitor or any of its officers, agents, employees or other representatives, and claims of damage or loss to any third party resulting from an infringement of a copyright or patent or the unauthorized use of a reg- istered trademark.
INDEMNITY AND LIMITATIONS OF LIABILITY. 19.1 The Customer is obliged to compensate the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by the Company as a result of or in connection with: i. the Customer’s breach of this Agreement;
INDEMNITY AND LIMITATIONS OF LIABILITY. (A) Buyer shall defend, indemnify, and hold harmless GE Aviation and its affiliates and their respective officers, partners, directors, employees, agents, successors, and assigns from and against any and all losses, claims, damages, liabilities, expenses (including, without limitation, fees and disbursements of legal counsel and expenses of litigation) or other obligations (collectively “Losses”) and threatened Losses to the extent they arise from or in connection with any of the following: (i) the death or bodily injury of any agent, employee, customer, business invitee, or business visitor or other person, and the damage, loss, or destruction of any real or tangible personal property, either of which is caused by the negligence or other tortious conduct of Buyer, its employees, agents, or subcontractors; (ii) any action taken by or on behalf of Buyer in the performance of this Order that causes GE Aviation to be obligated to indemnify, defend, and/or hold harmless any third Party; and (iii) any claim, demand, charge, action, cause of action, or other proceeding resulting from an act or omission of Buyer, its employees, agents, or subcontractors acting in its or their capacity as an employer or potential employer with respect to the claimant.
(B) GE Aviation shall not be liable for failure to deliver, for delay in delivery, or for any losses or damage to Buyer, or to the Product occasioned by delays, in the performance of GE Aviation’s obligations, due to: (i) any cause beyond GE Aviation’s reasonable control or the control of GE Aviation’s suppliers or subcontractors; (ii) an act of God, act or omission of Buyer, act of civil or military authority, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation; or (iii) any other commercial impracticability.
(C) The conditions to performance specifically stated in this provision and elsewhere in this Order shall be the only conditions precedent or subsequent to an absolute duty of performance on the part of Buyer and GE Aviation. Any official action or legal proceeding by Buyer in connection with this Order, other than provided for elsewhere in this Order, must be commenced within one (1) year from delivery. Xxxxx agrees to defend, indemnify and hold harmless GE Aviation from and against any claim, loss, liability, expense or damage (including liens or legal fees) incurred by GE Aviation with respect to any of...
