Common use of Liability and Damages Clause in Contracts

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.

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. . 21 (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.

Liability and Damages. 19 21 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 27 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 28 Any further liability of Provider is hereby excluded.