LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant shall be liable for:
(i) any breach of this Agreement by the Receiving Participant, and
(ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information under this Agreement, EXCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, THE RECEIVING PARTICIPANT SHALL NOT BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN CONNECTION WITH INADVERTENT OR SUCH UNAUTHORIZED DISCLOSURE IF IT HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION OF LIKE IMPORTANCE, BUT IN NO EVENT LESS THAN REASONABLE DILIGENCE, AND, UPON BECOMING AWARE OF SUCH DISCLOSURE, NOTIFIED THE DISCLOSING PARTICIPANT THEREOF AND TAKEN REASONABLE MEASURES TO MITIGATE THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of this Agreement, the Disclosing Participant may take any and all actions under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible for any actions of its members, including, but not limited to, any breach of the terms of this Agreement.
LIABILITY AND LIMITATION OF LIABILITY. 12.1 The regulation of liability and limitation of liability in the agreement(s) on delivery of the Primary Services also applies to this Processor Agreement as were this Processor Agreement an integral part thereof. If this is not considered in the agreement(s) on delivery of the Primary Services, the provisions in this clause 12 will apply to this Processor Agreement.
12.2 The Parties are liable according to the general rules of applicable law, subject, however, to the limitations set out in this section.
12.3 The Parties disclaim any liability for indirect losses and consequential losses, including loss of profits, loss of goodwill, loss of savings and revenue, including expenses to recover lost revenue, interest loss and loss of data.
12.4 The Parties' liability for all cumulative claims under this Processor Agreement is limited to the total amounts due for the Primary Services for the 12-month period immediately preceding the wrongful act. If the Processor Agreement has not been in force for 12 months, the amount is calculated as the agreed payment for the Primary Services for the period during which the Processor Agreement has been in force divided by the number of months for which the Processor Agreement has been in force and then multiplied by 12.
12.5 The following are not covered by the limitation of liability in this clause 12:
a) Loss as a result of the other Party's grossly negligent or intentional acts.
b) Expenses and resource consumption in connection with the performance of a Party's obligations in relation to a supervisory authority or the data subject, including compensation to a data subject, to the extent that these are caused by a breach by the other Party.
LIABILITY AND LIMITATION OF LIABILITY. 11.1. Notwithstanding any other provision in this Agreement, the Subcontractor shall be responsible for and shall fully indemnify and keep indemnified Xxxxxxxxx and its related bodies corporate, its directors, officers, employees, agents, advisors, commercial partners and customers (including the Principal) against all claims, demands, proceedings, costs, charges, expenses and liabilities arising from or in connection with any act, omission, neglect or default of the Subcontractor or its employees, subcontractors, officers or agents. The amount of any and all claims, damages, costs and expenses which may be paid, suffered or incurred by the Xxxxxxxxx in respect of any such loss, damage or injury shall be made good at the Subcontractor's expense and may be deducted from any sums due to the Subcontractor or which may become due to the Subcontractor under or in respect of this Agreement or any other subcontract or agreement between the Parties.
11.2. Without limiting any other provision in this Agreement or Xxxxxxxxx’x rights or remedies under this Agreement or otherwise at law, the Subcontractor acknowledges that its failure to achieve the required quality of the Services, to regularly and diligently proceed with and perform the Services such that the Services are completed by the Completion Date or to properly maintain the Services free from Defects may result in loss cost or expense to Xxxxxxxxx and all such loss cost or expense are hereby agreed to be within the contemplation of the Parties as being probable results of any such failure by the Subcontractor and are deemed recoverable by the Xxxxxxxxx from the Subcontractor.
11.3. Xxxxxxxxx shall not be liable to the Subcontractor under this Agreement, law of tort (including negligence), statute, in equity or otherwise for any indirect loss or damage, including loss of profit, loss of revenue, loss of use, loss of production, costs of capital, downtime costs, loss of anticipated savings or wasted overheads and expenses.
11.4. Notwithstanding any other provision of this Agreement, except for those liabilities which cannot be limited by Law, Xxxxxxxxx’x liability arising out of or in connection with this Agreement under any indemnity, law in equity, tort or otherwise (including but not limited to negligence), shall not exceed the Remuneration (“Agreed Contract Price” stated in the Project Agreement).
LIABILITY AND LIMITATION OF LIABILITY. 11.1 The Parties are liable according to the general rules of applicable law, however, Xxxxxxxxx.xxx,
LIABILITY AND LIMITATION OF LIABILITY. 12.1 The Processor is liable for any damage in accordance with general rules of the applicable law. The Parties have explicitly agreed that the Processor's liability for damages incurred to the Controller shall be limited to terms under this Article of the Contract.
12.2 The Processor rejects liability for any direct or indirect loss or damages including profit loss, reputation damage, loss of savings or earnings including costs for renewal of loss of earnings, loss of interests and loss of data.
12.3 Parties have explicitly agreed that any liability of the Processor for any damages incurred to the Controller or any compensation claim based on this Contract shall be limited to the amount of total payments for the three last calendar months paid by the Controller to Postal address: Company ID: VAT no: Web: E-mail:
LIABILITY AND LIMITATION OF LIABILITY. 17.1 XXXX Amsterdam cannot be held liable for any damages that are a direct or indirect consequence of: a an event that is beyond its control and cannot be attributed to its actions or omissions, as described in Article 19 of these General Terms and Conditions; b. any act or omission of the Client, its employees, or other persons employed or engaged by the Client.
17.2 XXXX Amsterdam is not liable for any damages of any kind resulting from relying on incorrect and/or incomplete information provided by the Client.
17.3 XXXX Amsterdam accepts no liability if, contrary to the advice of XXXX Amsterdam, the Client insists on certain activities being carried out.
17.4 XXXX Amsterdam accepts no responsibility and/or liability for a concept, logo, image, or text developed by or on behalf of the Client. XXXX Amsterdam is not responsible for any errors in the Client’s specification of a concept, logo, image, and/or text.
17.5 XXXX Amsterdam is not liable for defects in quotations from suppliers or for exceeding price quotations from suppliers.
17.6 XXXX Amsterdam is never liable for indirect damages, including consequential damages, loss of profit, loss of savings, and damages due to business interruption.
17.7 If XXXX Amsterdam should be liable for any damages, its liability is limited to the amount paid out by XXXX Amsterdam’s insurer. If, in any case, the insurer does not make a payment or the damage is not covered by the insurance, XXXX Amsterdam’s liability is limited to the invoice amount or, at least, the portion of the Assignment to which the liability relates.
17.8 The limitations of liability stated in these terms and conditions do not apply in the event of willful misconduct or gross negligence on the part of XXXX Amsterdam or its employees.
17.9 All legal claims by the Client must be filed within 1 year if the Client is dissatisfied with the services or actions of XXXX Amsterdam. Failure to act within the prescribed time limit will result in the expiration of the legal claim.
LIABILITY AND LIMITATION OF LIABILITY. 2.1.1 Liability and limitation of liability are governed by the Main Agreement.
LIABILITY AND LIMITATION OF LIABILITY. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 If you are a business, we are not liable to you or your business (whether in contract or tort, including without limitation negligence) or otherwise responsible for any loss of profit, business contracts, revenues, anticipated savings nor for any indirect or consequential damage of any kind. Subject to section [1.2], if you are a business, our liability to you (whether in contract or tort, including without limitation negligence) shall be limited to the rental charge you are required to pay us under the Rental Agreement. If you are a consumer, you agree that you will not use the Vehicle for any commercial or business purpose and accordingly that if you use the Vehicle for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process Termination Of Agreement If we terminate the Rental Agreement, it will not affect our right to receive any monies we are owed under the existing Rental Agreement. We may immediately end the Agreement if we become aware or suspect that you have, or any Approved Driver has breached these terms and conditions. Governing Law Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a consumer. This Rental Agreement is governed by the laws of England . We or you may bring a claim either in the country where the Vehicle is collected or in your country of residence. Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a business, you and we both agree that the Rental Agreement shall be governed...
LIABILITY AND LIMITATION OF LIABILITY. 12.1. Supplier will strive to deliver this Service to End User to the best of its abilities. However, Supplier does not warrant that the Service will be error- free or that the Service will work without interruptions.
12.2. Supplier shall not be liable for content and statements expressed by the End User via the Service. All offers and statements shall be at End User's own risk and account.
12.3. Liability due to Delay, Defects, Fault, Errors, Breach of Contractual Obligations and/or Negligence
12.3.1. Supplier is liable towards End User in accordance with applicable law for breach of its obligations regarding the Service. However, Supplier's liability towards End User due to liability entailing delay, defects, fault, errors, breach of obligations and/or negligence regarding the Service – including liability to pay damages for loss incurred by End User and any obligation to indemnify and hold End User harmless, if End User is liable towards third parties – shall in no event exceed the License Fee paid for the individual License affected by such event for a period of 12 months preceding the liability entailing event(s) having given rise to the claim.
12.3.2. Supplier is in no event liable for indirect loss, including loss of production, loss of profit, loss due to waiting time, loss or interruption of use of any files, data or equipment, costs for lawyers and other advisers or any other consequential financial loss.
LIABILITY AND LIMITATION OF LIABILITY. 15.1. The Parties shall be liable for any direct damages arising out of or relating to the performance or non- performance of their respective obligations under the Agreement, except as deviated from under this Section.
15.2. The Provider, its owners, officers, directors, employees and consultants shall not be liable to the Customer or anyone claiming through the Customer for any incidental, direct or indirect, special or consequential damages or losses whatsoever incurred from the use, operation, performance of the Program or/and inability to use the Program including but not limited to loss profits, loss of business, unless such damage is caused by the Provider’s (or any of its employees, agents or representatives) willful misconduct or gross negligence.
15.3. The Provider is not responsible for financial performance of the Program use, wrong data received from third parties and processed by the Program, the Program work failures associated with power interruptions, communication channel cut-offs or faults, or feasibility of the Program interaction with any other technical means not on the list of compatible technical facilities.
15.4. The Provider is not responsible for possible undetected errors in the operation system, Java runtime environments, or other system software or hardware capable of impacting the Program security and stability and not being part of the Provider’s in-house design.
15.5. Should any activities of the Provider be delayed due to the default of the Customer (including, but not limited to: lack of the access, information or approval) and it can reasonably be determined that such a delay shall have an impact on the Provider’s performance of its obligations, it should be delayed proportionally to the Customer’s delay without any penalty. The Provider shall in good faith co-operate with the Customer to define another timeframe to perform such activities. Notwithstanding anything to the contrary, the Provider shall be relieved of responsibility for performance of its duties to the extent the ability of the Provider to perform such duties is affected by the delay or other default of the Customer.
15.6. The Provider shall have no direct or indirect liability to the Customer or any third party in respect of any information or Data that the Customer or its End-users (if any) use in connection with the Services. It is Customer’s responsibility to obtain (and procure that its End-users obtain) all necessary third party consents for the Data ...
