Liability and Force Majeure. 10.1 The liability provisions of section 2.2 of the Code apply to this Agreement and are hereby incorporated by reference into, and form part of, this Agreement.
10.2 A Party shall have a duty to mitigate any losses relating to any claim for indemnification from the other Party that may be made in relation to that other Party. Nothing in this section shall require the mitigating Party to mitigate or alleviate the effects of any strike, lockout, restrictive work practice or other labour dispute.
10.3 A Party shall give prompt notice to the other Party of any claim with respect to which indemnification is being or may be sought under this Agreement.
10.4 The force majeure provisions of section 2.3 of the Code apply to this Agreement and are hereby incorporated by reference into, and form part of, this Agreement.
Liability and Force Majeure. Shareholder Servicing Agent shall not be liable or responsible for any loss, interruption, delay or error including any loss, interruption, delay or error by reason of circumstances beyond its control (which includes but is not limited to, acts of civil or military authority, national emergencies, labor difficulties, fire, equipment failure, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, terrorism, riots or failure of communication or power supply), provided, that any loss, interruption, delay or error is not caused by the willful misfeasance, bad faith or gross negligence of Shareholder Servicing Agent, its officers, employees or agents in the performance of the Shareholder Servicing Agent’s duties and obligations under this Agreement or from the reckless disregard by the Shareholder Servicing Agent, its officers, employees or agents of the Shareholder Servicing Agent’s duties or obligations under this Agreement.
Liability and Force Majeure. 1. This Partnership Agreement is governed by the law of the country of the Lead Partner. Each partner, including the Lead Partner, shall be liable to the other partners and shall indemnify for any damages or costs resulting from the non-compliance of its contractual duties as set forth in this contract.
2. No party shall be held liable for not complying with the obligations ensuring from this agreement should the non-compliance be caused by force majeure. In such a case, the partner involved must announce this immediately in writing to the other partners of the operation.
Liability and Force Majeure. Liability conditions abide by the Civil Code. Neither Party limits its liability for death or personal injury caused by its negligence or the negligence of its employees.Neither Party shall be, liable to the other Party for any indirect, special, consequential or incidental damages of whatsoever kind or nature arising out of or in connection with this Framework Agreement, including but not limited to any loss, cost, damage, loss of revenue, loss of profit or loss of use, incurred or suffered by the victim Party or any third party resulting from a defect, an incident, the failure of the Sheets in accordance with the terms of this Framework Agreement. This exemption of liability only applies if the other Party was advised of the possibility of such damages. The foregoing shall not affect the Client’s right to claim compensation against the Contractor for damages suffered by the Client arising directly from the performance, bad performance or non-performance of the Contractors’s duties and/or obligations under this Framework Agreement, provided however that the total liability of the Contractor in connection therewith shall not exceed 20 % of the total value for the estimated indicative volume of Sheets that can be ordered over this Framework Agreement duration, determined as the product of the unit price of the Sheets and the estimated indicative total volume of Sheets within the meaning of Article V paragraph 1 of the Framework Agreement (exluding VAT).. In no case shall the Contractor be liable for any damages resulting from or arising out of any illegal and/or fraudulent use of the Sheets by the Client, any third party or the end-user. An obstruction which occurs independently of the will of the obliged party which prevents it from performing its duty (and it may not be reasonably expected that the obliged party could have averted or overcome the obstruction or its consequences and that at the moment of formation of this obligation it could have foreseen it) is regarded as a circumstance excluding liability. In such case the concerned Party shall notify the other Party of the nature of the obstruction preventing it from performing its duties. During the existence of such obstruction the concerned Party shall not be bound to perform the obligations resulting from this Framework Agreement. As soon as the obstacle ceases to exist, the affected party shall resume its obligations towards the other party and shall do its utmost to remedy the consequences of the...
Liability and Force Majeure. (7.1) Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement.
(7.2) Neither party will be liable to the other for loss of profit or revenue, loss of use, loss of contract or other business opportunity, loss of goodwill, loss or failure of or delay in production or increased cost of working or any other special, indirect or consequential loss or damage whatsoever arising out of or in connection with this Agreement.
(7.3) Notwithstanding Clause 7.2, Energia’s liability to the Customer shall be limited to £100,000 (Customers in Northern Ireland) or €100,000 (Customers in Republic of Ireland).
(7.4) The exclusions and limitation of liability in this Clause 7 shall not apply to any claim on account of death or personal injury resulting from the negligence of either party.
(7.5) Nothing in this Clause 7 shall release the Customer from its obligation to pay the Supply Price in accordance with Clause 3.1, or to pay any other fees owed by the Customer to Energia from time to time under this Agreement (including the late payment fee in accordance with Clause 4.5).
Liability and Force Majeure. (12.1) Neither Party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the Parties from any obligation to make payments of money under this Agreement.
(12.2) Energia will not be liable to you under this Agreement in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, including but not limited to loss of revenue, business, contracts, predicted savings or profits; but nothing in this Agreement shall limit or exclude Energia’s liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors.
(12.3) Energia will only be liable for reasonably foreseeable loss or damage which is a direct consequence of Energia’s breach of this Agreement. Notwithstanding this Energia’s liability to you under this Agreement shall be limited to €10,000 in any calendar year.
Liability and Force Majeure. Liability
Liability and Force Majeure not limited Nothing in clause 6.2 limits the operation of clauses 19.2 or 22.1 in respect of either the User* or Western Power*.
Liability and Force Majeure. Despite the foregoing, neither Party shall be liable under any circumstances whatsoever for any loss of profits or revenues, business interruption losses, loss of contract or loss of goodwill, or for any indirect, consequential or incidental damages, including but not limited to punitive or exemplary damages, whether any of the said liability, loss or damages arise in statute, contract, tort or otherwise. In any event, the total liability of GLPL to the Load Customer for any and all claims for damages under this Agreement whether it arises by statute, contract, tort or otherwise, will not exceed the Actual Cost recoverable from the Load Customer of the GLPL Connection Work. This provision shall survive the termination of this Agreement.
Liability and Force Majeure. 9.1 The Municipality does not warrant or guarantee the continuance or quality of any of the services provided under this Service Agreement and shall not be liable for any damages, expenses or losses occurring by reason of suspension of discontinuance of the Solid Waste Services, for any reason which is beyond the reasonable control of the Municipality, including without limitation acts of God, forces of nature, soil erosion, landslides, lightning, washouts, floods, storms, serious accidental damage, strikes or lockouts, vandalism, negligence in the design and supervision or construction of the Reserve Systems, or in the manufacture of any materials used therein, and other similar circumstances.
