Liability and compensation. The Shareholder undertakes to hold SNN free of and to compensate SNN against any claims, liabilities, requests, losses, prejudices, decisions, costs or other obligations, or against the right to open court proceedings (including lawyer fees and the cost of executing such an obligation) that may result from or following a violation of obligations by the Shareholder (including any violation of their Representatives) under this Agreement and against any legal action that may occur following the access to any Confidential Information or following the Shareholder’s (or any of their Representatives’) failure to observe any legal or administrative provisions applicable to the Confidential Information, including, but without limitation to, those concerning the personal data protection, the abusive use of privileged information and market manipulation.
Liability and compensation. The Client and the Contractor shall be liable to data subjects under data protection law in accordance with the provision set out in Art 82 GDPR. Any liability and compensation provisions that do not comply with data protection law or go beyond this or individual provisions shall be agreed exclusively in the offers and contracts between the Client and the Contractor.
Liability and compensation. The person responsible and the processor are liable to data subjects in accordance with the provisions of Art. 82 GDPR.
Liability and compensation. 9.1 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to material defects or defects in title- regardless of the legal reason – are hereby excluded. The Supplier shall not be liable for damage which has not arisen to the item supplied itself. In particular, the Supplier shall not be liable for lost profit or other pecuniary loss suffered by the Buyer.
9.2 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to breach of an obligation arising out of the contractual relationship are hereby excluded.
9.3 The foregoing liability exemptions (sections 9.1 and 9.2 hereof) shall not apply insofar as the Supplier has mandatory statutory liability, for example (1) pursuant to the Product Liability Act, (2) due to loss of life, personal injury or damage to health which is due to a negligent or intentional breach of obligation by the Supplier or a legal representative or a vicarious agent of the Supplier, (3) insofar as the cause of damage or loss is due to intentional behaviour or gross negligence by the Supplier or a legal representative or a vicarious agent of the Supplier, (4) if the Buyer asserts rights due to a defect under a guarantee of quality or the specific duration of a quality, (5) the Supplier negligently breaches an essential contractual obligation which is what makes performance of the contract possible at all and on whose compliance the Buyer may usually rely (cardinal obligation), (6) recourse claims in the supply chain pursuant to § 445a of the BGB are concerned.
9.4 Insofar as the Supplier breaches a cardinal obligation, the compensation obligation is limited to the contract-typical, foreseeable damage and loss, insofar as no intentional behaviour or gross negligence is present or the Supplier is liable due to loss of life, personal injury or damage to health.
10.1 The delivery item shall remain the property of the Supplier until each and every claim the Supplier has against the Buyer on account of the business relationship has been fulfilled.
10.2 As long as the retention of title is effective, the Buyer may neither pledge the delivery item nor assign it as security. The delivery item may only be resold by resellers if this occurs in the course of ordinary business dealings and only on the condition that the Buyer receives payment of the equivalent value of the delivery item. Moreover, the Buyer shall agree with the Recipient that title shall o...
Liability and compensation. The Client and Anexia are liable to data subjects under data protection law in accordance with the provisions of Art. 82 GDPR. Further liability and compensation regulations are to be agreed upon with overriding effect in the offers and Contracts between the Client and Anexia.
Liability and compensation. The employee who in the exercise of his function, causes damage to the employer or to a third party to whom employer is under obligation to pay compensation - is not held liable towards the employer, unless the damage is a result of the an intentional act or deliberate recklessness on the part of the employee.
Liability and compensation. (1) The Shareholder undertakes to hold SNN free of and to compensate SNN against any claims, liabilities, requests, losses, prejudices, decisions, costs or other obligations, or against the right to open court proceedings (including lawyer fees and the cost of executing such an obligation) that may result from or following a violation of obligations by the Shareholder (including any violation of their Representatives) under this Agreement and against any legal action that may occur following the access to any Confidential Information or following the Shareholder’s (or any of their Representatives’) failure to observe any legal or administrative provisions applicable to the Confidential Information, including, but without limitation to, those concerning the personal data protection, the abusive use of privileged information and market manipulation.
(2) In case the Shareholder violates its obligations under this Confidentiality Agreement (including any violation of their Representatives who act on behalf, for or otherwise following the Shareholder’s instructions through act, action or omission), SNN is entitled to a corresponding compensation amounting to EUR 100,000 and to other remedies for any loss caused as a result of such a violation. In order to avoid any doubt, the Shareholder will be first liable according to this clause III regardless of the right SNN might have to formulate a claim against the Shareholders’ Representatives.
Liability and compensation. 10.1. In the case of assertion of a claim for compensation by a data subject person pursuant to Art. 82 GDPR, the parties undertake to support each other and to contribute to the clarification of the underlying facts.
10.2. The liability regulation agreed between the parties in the main contract for the provision of services shall also apply to claims arising from this Data Processing Agreement and in the internal relationship between the parties for claims of third parties under Art. 82 GDPR, unless expressly agreed otherwise.
Liability and compensation. The Client and the Contractor shall be liable vis-à-vis data subjects in accordance with the provision set out in Article 82 GDPR.
Liability and compensation. The Related Persons of the Facility Agent bear no liability for taking or refraining from taking any action related to the Agreement, unless such action is taken intentionally or gross negligently. For the compensation not repaid by the Borrower, the Lenders shall compensate the Facility Agent based on its respective Risk Sharing Percentage (if there is no remaining Outstanding Principal Balance, the percentage shall be the Participation Percentage) for taking or refraining from taking actions to secure or fulfill the rights of the Lenders or rights related to the Facility Amount under this Agreement or any Security Documents and for all the claims, reimbursements, damages, fines, losses, costs and other expenses (including but not limited to attorneys’ fees and disbursements incurred) arising from the aforementioned circumstances, unless the aforementioned circumstances can be attributed to the Facility Agent’s intention or gross negligence.
