Liability and Damages. The liability provisions of the Terms shall apply except as explicitly agreed otherwise in this DPA.
Liability and Damages. 14.1 Verizon shall exercise reasonable care to avoid damaging the Facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Verizon’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or interference with the operation of Licensee's Facilities caused by such damage.
14.2 Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage.
14.3 Licensee shall indemnify, protect and save harmless Verizon from and against any and all claims, demands, causes of actions and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities or by their proximity the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of Way, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the ...
Liability and Damages. No party’s directors, members of its governing bodies, officers or employees shall be liable to any other party or parties for any loss or damage to property, loss of earnings or revenues, personal injury, or any other direct, indirect, or consequential damages or injury, or punitive damages, which may occur or result from the performance or non-performance of this Agreement, including any negligence arising hereunder.
Liability and Damages. The Commonwealth of Massachusetts, the College, the BHE (Board of Higher Education), and their officers, agents and employees shall not be liable for any loss or damage to student property occurring due to theft, vandalism, accidental damage, and damage due to the student's own action or any other cause.
Liability and Damages. 1. The Seller shall be liable for any willful acts, neglects and omissions and any gross negligence of its legal representatives and/or any other persons authorized by the Seller to perform any of the obligations of the Seller under any contract awarded to the Seller or order placed with the Seller (“Agent or Employee”).
2. In the event of any ordinary negligence of any legal representative, Agent or Employee of the Seller, the liability of the Seller shall be limited to liability for any loss or damage the Seller foresaw when the contract was awarded or the order was placed by the Buyer or should have foreseen when the contract was awarded or the order was placed by the Buyer considering the circumstances the Seller knew or should have known when the contract was awarded or the order was placed by the Buyer. If and in as far as any loss or damage suffered by the Buyer due to the ordinary negligence of any legal representative, Agent or Employee of the Seller is compensated by any final payment by any insurer under any insurance contract against loss or indemnity concluded by the Buyer or for the Buyer such as, but not limited to any liability, all-risks, transportation, fire or business interruption insurance, the liability of the Seller shall be limited to any losses incurred by the Buyer as a result of any such insurance claim such as, without limitation, any increase in insurance premium. Any liability of the Seller for any loss or damage caused by the ordinary negligence of any of the legal representatives, Agents or Employees of the Seller and covered by a final insurance payment to the Buyer shall be excluded. Subject to the limitations provided for hereinbefore, any liability of the Seller for any loss or damage caused by the ordinary negligence of any legal representative, Agent or Employee of the Seller shall for each incident be limited to an amount of one million Euro (1,000,000 €).
3. The exclusions and limitations of liability provided for hereinabove shall not apply, – if and in as far as the Seller is held liable for any human loss of life, injury or loss of health, – if and in as far as the Seller is held liable under the German Product Liability Act or – if and in as far as the Seller is held liable under any warranty in accordance with Section 443 of the German Civil Code agreed by the Seller to provide security to the Buyer with respect to the loss or damage incurred by the Buyer.
4. The provisions of Clauses 1 through 3 hereinabove sha...
Liability and Damages. Both parties reserve the right to maintain their Networks and to operate facilities in a manner that will best enable them to fulfill their service requirements. No Alliant Energy Company will be liable for any interruptions of service to McLeodUSA except as may be caused by Alliant Energy’s negligence or willful misconduct. McLeodUSA agrees that it is responsible for any overlashings on its lines attached to any Alliant Energy’s Network. McLeodUSA agrees to exercise all necessary precautions to avoid damage to facilities of Alliant Energy and other attachers. McLeodUSA agrees to indemnify Alliant Energy from and against any loss, damage, or claims resulting from any acts or omissions of McLeodUSA. McLeodUSA agrees to make an immediate report to al Alliant Energy of any loss or damage to Alliant Energy’s or other attacher’s or overlasher’s facilities and agrees to pay the cost of repairs, except if due to Alliant Energy’s negligence or willful misconduct. Alliant Energy shall promptly notify McLeodUSA of (i) any damages caused by Alliant Energy to the McLeodUSA Network or (ii) any claims against McLeodUSA for property damage, bodily injury or death arising directly or indirectly out of Alliant Energy’s use of the McLeodUSA Network. Notwithstanding any other provision to the contrary, neither party shall be liable to the other for the other party’s consequential or indirect damages, including but not limited to, exemplary or punitive damages, loss of profits or revenue, whether arising out of this transaction or breach of this Agreement or otherwise.
Liability and Damages. 1. The Licensor reserves to itself, its successors and assigns, the right to relocate and maintain its Poles and Anchors and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. The Licensor shall be liable to Licensee only for and to the extent of any damage caused by the negligence of the Licensor’s agents or employees to Licensee’s facilities attached to a Pole or Anchor. The Licensor shall not be liable to Licensee for any interruption of Licensee’s service or for interference with the operation of Licensee’s facilities arising in any manner out of Licensee’s use of Poles or Anchors.
2. Licensor shall exercise reasonable care to avoid damaging the facilities of Licensee attached to poles under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Licensor’s employees, agents or contractors.
3. Licensee shall exercise reasonable care to avoid damaging the facilities of Licensor and of others attached to Licensor’s poles, and shall make an immediate report of damage caused by Licensee to the owner of facilities so damaged.
Liability and Damages. Company and Supplier shall be liable to data subject in accordance with Article 82 of the GDPR. The regulations on the parties’ liability contained in the Agreement shall be valid also for the purposes of Contract Processing, unless expressly agreed upon otherwise.
Liability and Damages. 15.1 The Parties agree that the failure of any Party to perform its obligations under this Agreement (exclusive of a Party’s breach of its obligation under this Agreement to make in a timely manner a payment to a Constructing Party with respect to any Cost of Work performed by such Constructing Party or to bear such Cost) may result in damages to other Parties, but that such damages are indefinite and difficult to quantify. Therefore, in lieu of any other remedy for monetary damages, the Parties agree that in the event of a material breach of this Agreement by any Party (“Breaching Party”) that is not cured within a period of sixty (60) days following such Breaching Party’s receipt of written notice from any other Party of such breach, the Breaching Party shall pay to ColumbiaGrid the following amounts as liquidated damages and not as a penalty:
15.1.1 For each day that a Party, by breaching its obligation to use reasonable efforts to perform Work for which it is responsible pursuant to Appendix B, causes the [insert name of EOP] EOP not to be completed and placed in commercial operation by the Target Date (or causes the [insert name of EOP] EOP to be placed in commercial operation after the Target Date), the sum of $500 per day up to a maximum aggregate total for all such breaches by such Breaching Party of $50,000.
15.1.2 For each material breach of this Agreement other than a breach described in section 15.1.1, the sum of $10,000, up to a maximum aggregate total for all such breaches by such Breaching Party of $50,000;
15.2 Except as provided in section 15.1.1 or in section 15.1.2 and except as provided with respect to restitution in section 11.1, no Party shall be liable under this Agreement to any other Party for monetary damages for breach of this Agreement, and each Party hereby waives all remedies for monetary damages for breach of this Agreement except as provided in such sections. All other equitable remedies (other than for the payment of money) for breach of this Agreement that may be available as between ColumbiaGrid and a Breaching Party are preserved, subject to the requirements of law and any regulatory authority having jurisdiction.
15.3 Notwithstanding this section 15 or any other provision of this Agreement, nothing in this Agreement shall amend or modify the WIS Agreement as it relates to parties thereto, including any Parties.
15.4 In no event shall any Party have any right against any other Party to specific performance of this Agreem...
Liability and Damages. 19 The Provider shall be liable for losses under the terms of this Agreement only in accordance with the provisions set out under (a) to (e):
(a) Provider shall be liable with no restrictions for losses caused intentionally or with gross negligence by Provider, its legal representatives or senior executives or its assistants in performance.
(b) Provider shall be liable with no restrictions for death, personal injury or damage to health caused by intent or negligence of Provider, its legal representatives or assistants in performance.
(c) Provider shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable by Provider at the time the warranty was given.
(d) Provider shall be liable in accordance with the Product Liability Act in the event of product liability.
(e) Provider shall be liable for losses caused by breach of primary obligations by Provider, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Customer may rely. If Provider breaches primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by Provider at the time the respective service was performed. 25 The Provider shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken by the Customer. 26 Any further liability of Provider is hereby excluded.
