Common use of LIABILITY AND EXCLUSIONS Clause in Contracts

LIABILITY AND EXCLUSIONS. (a) Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) other loss or damage (whether direct or indirect); or (2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) Nothing in this Agreement limits or excludes either Party’s liability: (1) for death or personal injury to the extent that it results from that Party’s negligence; or (2) for fraud or fraudulent misrepresentation; or (3) to the extent not permitted by law. (c) Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox has failed to deliver or, for any one incident; and (3) resulting from the provision of Services by Afrox in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances. (e) Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services this Clause 7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox in accordance with Clause 7(e), Afrox shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox complies with this obligation it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f). (g) Under no circumstances shall Afrox be liable for any damage arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox or its employees or authorised agents. (h) The Customer shall indemnify and keep indemnified and hold harmless Afrox at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox arising out of or in connection with Afrox’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Afrox. (i) The Customer and Afrox both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.

LIABILITY AND EXCLUSIONS. (a) Afrox AWC shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 166. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b6(b), Afrox AWC shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) other loss or damage (whether direct or indirect); or (2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) consequential or indirect loss or damage. When used or referred to in this Clause 7 6 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) Nothing in this Agreement limits or excludes either Party’s liability: (1) for death or personal injury to the extent that it results from that Party’s negligence; or (2) for fraud or fraudulent misrepresentation; or (3) to the extent not permitted by law. (c) Afrox AWC accepts liability, to the extent that it results from breach of contract or AfroxAWC’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) caused by Afrox AWC supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to AfroxAWC’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) arising from delay or failure by Afrox AWC in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to AfroxAWC’s price for the Gas, Afrox Equipment or Goods that Afrox AWC has failed to deliver or, for any one incident; and (3) resulting from the provision of Services by Afrox AWC in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) The provisions of Clause 7(c6(c) shall not apply to physical damage to the Customer’s real property and Afrox AWC accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or AfroxAWC’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances. (e) Afrox AWC shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox AWC in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox AWC within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services Services, this Clause 7(e6(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox AWC in accordance with Clause 7(e6(e), Afrox AWC shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox AWC complies with this obligation it shall have no further liability in respect of, of or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f6(f). (g) Under no circumstances shall Afrox AWC be liable for any damage arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox AWC or its employees or authorised agents. (h) The Customer shall indemnify and keep indemnified and hold harmless Afrox AWC at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox AWC arising out of or in connection with AfroxAWC’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of AfroxAWC. (i) The Customer and Afrox AWC both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 76.

LIABILITY AND EXCLUSIONS. (a) Afrox AWC shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox AWC shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) other loss or damage (whether direct or indirect); or (2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) Nothing in this Agreement limits or excludes either Party’s liability: (1) for death or personal injury to the extent that it results from that Party’s negligence; or (2) for fraud or fraudulent misrepresentation; or (3) to the extent not permitted by law. (c) Afrox AWC accepts liability, to the extent that it results from breach of contract or AfroxAWC’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) caused by Afrox AWC supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to AfroxAWC’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) arising from delay or failure by Afrox AWC in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to AfroxAWC’s price for the Gas, Afrox Equipment or Goods that Afrox AWC has failed to deliver or, for any one incident; and (3) resulting from the provision of Services by Afrox AWC in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox AWC accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or AfroxAWC’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances. (e) Afrox AWC shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox AWC in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox AWC within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services Services, this Clause 7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox AWC in accordance with Clause 7(e), Afrox AWC shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox AWC complies with this obligation it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f). (g) Under no circumstances shall Afrox AWC be liable for any damage arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox AWC or its employees or authorised agents. (h) The Customer shall indemnify and keep indemnified and hold harmless Afrox AWC at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox AWC arising out of or in connection with AfroxAWC’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of AfroxAWC. (i) The Customer and Afrox AWC both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.

LIABILITY AND EXCLUSIONS. (a) Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) other loss or damage (whether direct or indirect); or (2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) Nothing in this Agreement limits or excludes either Party’s liability: (1) for death or personal injury to the extent that it results from that Party’s negligence; or (2) for fraud or fraudulent misrepresentation; or (3) to the extent not permitted by law. (c) Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox has failed to deliver or, for any one incident; and (3) resulting from the provision of Services by Afrox in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful wilful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 ZAR1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances. (e) Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services this Clause 7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox in accordance with Clause 7(e), Afrox shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox complies with this obligation it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f). (g) Under no circumstances shall Afrox be liable for any damage arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox or its employees or authorised agents. (h) The Customer shall indemnify and keep indemnified and hold harmless Afrox at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox arising out of or in connection with Afrox’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Afrox. (i) The Customer and Afrox both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.

LIABILITY AND EXCLUSIONS. (a) Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) other loss or damage (whether direct or indirect); or (2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) Nothing in this Agreement limits or excludes either Party’s liability: (1) for death or personal injury to the extent that it results from that Party’s negligence; or (2) for fraud or fraudulent misrepresentation; or (3) to the extent not permitted by law. (c) Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox Xxxxx has failed to deliver or, for any one incident; and (3) resulting from the provision of Services by Afrox Xxxxx in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful wilful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 ZAR1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances. (e) Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services this Clause 7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox in accordance with Clause 7(e), Afrox shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox complies with this obligation it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f). (g) Under no circumstances shall Afrox be liable for any damage arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox or its employees or authorised agents. (h) The Customer shall indemnify and keep indemnified and hold harmless Afrox at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox arising out of or in connection with AfroxXxxxx’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Afrox. (i) The Customer and Afrox both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.

LIABILITY AND EXCLUSIONS. (a) a. Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 2.7 and Clause 162.16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b2.7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) i. other loss or damage (whether direct or indirect); or (2) ii. loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) iii. consequential or indirect loss or damage. When used or referred to in this Clause 7 2.7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) b. Nothing in this Agreement limits or excludes either Party’s liability: (1) i. for death or personal injury to the extent that it results from that Party’s negligence; or (2) ii. for fraud or fraudulent misrepresentation; or (3) iii. to the extent not permitted by law. (c) c. Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) i. caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) ii. arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox has failed to deliver or, for any one incident; and (3) iii. resulting from the provision of Services by Afrox in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) d. The provisions of Clause 7(c2.7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out aggregated over the term of the same event or circumstancescontract. (e) e. Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services this Clause 7(e2.7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) f. Subject to the other terms of this Agreement (and in particular Clause 162.16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox in accordance with Clause 7(e2.7(e), Afrox shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox complies with this obligation obligation, it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f2.7(f). (g) g. Under no circumstances shall Afrox be liable for any damage or theft or tampering arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox or its employees or authorised agents. (h) h. The Customer shall indemnify and keep indemnified and hold harmless Afrox at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox arising out of or in connection with AfroxXxxxx’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Afrox. The customer will reimburse Afrox accordingly. (i) i. In instances of collection, the Customer shall indemnify Afrox against all claims, associated directly or indirectly, demands, damages and expenses incurred, for non-compliance with road and traffic legislation, transportation of hazardous goods requirements, where applicable, the Afrox Collection Compliance Manual and related laws howsoever arising. j. The Customer and Afrox both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 72.7.

LIABILITY AND EXCLUSIONS. (a) a. Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 1617. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) i. other loss or damage (whether direct or indirect); or (2) ii. loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) iii. consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) b. Nothing in this Agreement limits or excludes either Party’s liability: (1) i. for death or personal injury to the extent that it results from that Party’s negligence; or (2) ii. for fraud or fraudulent misrepresentation; or (3) iii. to the extent not permitted by law. (c) c. Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) i. caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) ii. arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox Xxxxx has failed to deliver or, for any one incident; and (3) iii. resulting from the provision of Services by Afrox Xxxxx in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) d. The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out aggregated over the term of the same event or circumstancescontract. (e) e. Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services this Clause 7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) f. Subject to the other terms of this Agreement (and in particular Clause 1617), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox in accordance with Clause 7(e), Afrox shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox complies with this obligation obligation, it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f). (g) g. Under no circumstances shall Afrox be liable for any damage or theft or tampering arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox or its employees or authorised agents. The Customer will reimburse Afrox for all costs incurred. (h) h. The Customer shall indemnify and keep indemnified and hold harmless Afrox at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox arising out of or in connection with AfroxXxxxx’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Afrox. (i) i. In instances of collection, the Customer shall indemnify Afrox against all claims, associated directly or indirectly, demands, damages and expenses incurred, for non-compliance with road and traffic legislation, transportation of hazardous goods requirements, where applicable, the Afrox Collection Compliance Manual and related laws howsoever arising. j. The Customer and Afrox both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.

LIABILITY AND EXCLUSIONS. (a) Afrox shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Afrox shall have no liability arising out of or in connection with this Agreement, the Gas, the Afrox Equipment, the Goods or the Services, howsoever arising, for any: (1) other loss or damage (whether direct or indirect); or (2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or (3) consequential or indirect loss or damage. When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise. (b) Nothing in this Agreement limits or excludes either Party’s liability: (1) for death or personal injury to the extent that it results from that Party’s negligence; or (2) for fraud or fraudulent misrepresentation; or (3) to the extent not permitted by law. (c) Afrox accepts liability, to the extent that it results from breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage: (1) caused by Afrox supplying any defective Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the relevant Gas, Afrox Equipment or Goods, for any one incident; and (2) arising from delay or failure by Afrox in delivery of any Gas, Afrox Equipment or Goods up to a limit of an amount equal to Afrox’s price for the Gas, Afrox Equipment or Goods that Afrox Xxxxx has failed to deliver or, for any one incident; and (3) resulting from the provision of Services by Afrox Xxxxx in return for a specific fee up to a limit of the amount of the fee received for such Services. (d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Afrox accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or Afrox’s gross negligence in connection with the performance of this Agreement subject to a limit of ZAR 1,000,000 (One Million Rand) per claim or series of claims arising out of the same event or circumstances. (e) Afrox shall not be liable for any shortage, loss, damage or discrepancy in Gas, Afrox Equipment or, Goods or failure to perform the Services unless notified to Afrox in writing within 14 days of completion of the Services or receipt of the relevant Gas, Afrox Equipment or Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Afrox within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Gas, Afrox Equipment, Goods or Services this Clause 7(e) shall not apply to such Gas, Afrox Equipment, Goods or Services and the Customer shall be deemed to have accepted the Gas, Afrox Equipment, Goods or Services upon successful completion of those tests. (f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Gas, Afrox Equipment or Goods and/or failure to perform the Services is notified to Afrox in accordance with Clause 7(e), Afrox shall at its option rectify the shortage, loss, damage or discrepancy in the Gas, Afrox Equipment or Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Gas, Afrox Equipment, Goods or Services. If Afrox complies with this obligation it shall have no further liability in respect of, or arising from the relevant Gas, Afrox Equipment, Goods or Services under this Clause 7(f). (g) Under no circumstances shall Afrox be liable for any damage arising from any misuse, abuse or neglect of the Gas, Afrox Equipment or Goods by any person other than Afrox or its employees or authorised agents. (h) The Customer shall indemnify and keep indemnified and hold harmless Afrox at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Afrox arising out of or in connection with AfroxXxxxx’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Afrox. (i) In instances of collection, the Customer shall indemnify Afrox against all claims, associated directly or indirectly, demands, damages and expenses incurred, for non-compliance with road and traffic legislation, transportation of hazardous goods requirements, where applicable, the Afrox Collection Compliance Manual and related laws howsoever arising. (j) The Customer and Afrox Xxxxx both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.