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 The Parties are liable according to the general rules of applicable law, however, Xxxxxxxxx.xxx,
LIABILITY AND LIMITATION OF LIABILITY. 12.1 The Customer shall indemnify Neos Networks against liability for all third party claims, costs, proceedings or demands and against all direct losses, costs, expenses and damages incurred by Neos Networks in connection with or arising out of damage caused to Neos Networks Optical Fibres, Neos Networks Cable or Neos Networks Infrastructure arising directly out of any proven act error or omission of the Customer, its servants, agents or contractors in the exercise of the rights herein granted and/or the presence and use of the Customer’s Optical Fibres, save to the extent that any act error or omission of Neos Networks, its servants, agents or contractors has caused or contributed to such claims, costs, proceedings or demands, provided that, in the case of third party claims, Neos Networks shall not compromise or settle any such claims, costs, proceedings or demands without the written consent of the Customer (which shall not be unreasonably withheld or delayed) and shall permit the Customer to defend the same in the name of Neos Networks at the Customer’s expense.
12.2 Nothing in this Agreement shall limit or exclude a Party’s liability to the other Party in respect of: (a) death or personal injury caused by its negligence or that of its employees, agents or contractors; (b) any fraud or fraudulent misrepresentation; or (c) any liability which may not be limited or excluded by Law.
12.3 Subject to Clauses 12.2 and 12.4, a Party’s maximum aggregate liability to the other Party for all losses or damages howsoever arising out of or in connection with this Agreement whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to One Million Pounds (£1,000,000) Sterling.
12.4 Subject to Clause 12.2, neither Party shall be liable howsoever arising out of or in connection with this Agreement whether in contract, tort (including negligence), breach of statutory duty or otherwise for:
(a) loss of profit; (b) loss of revenue; (c) loss of business; (d) loss of goodwill; (e) loss of anticipated savings; (f) loss, destruction, or corruption of data; (g) injury or damage to reputation; (h) business interruption; (i) costs of wasted management time; in each case for (a) to (i), whether such loss or damage is “direct” or “indirect”; and (j) for any indirect or consequential losses. The foregoing exclusions shall apply in all cases whether the loss or damage is foreseeable or unforeseeable, and regardless of whether such Party...
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. 7.1 Company commits to an obligation to use all commercially reasonable eorts to provide Services in accordance with Agreement.
7.2 Notwithstanding anything to the contrary, neither Party shall be responsible or liable for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible loss, loss of profits, damage to reputation,… resulting from the use or inability to use SaaS or the performance of Services.
7.3 In any case shall Company’s global, cumulative liability be limited, to the extent permied by law, to an amount equal to Fees paid under this Agreement during the period of twelve (12) months preceding the event giving rise to the liability claim. To the extent permied by law, all liability is excluded for non-paying Customers.
7.4 Company shall not be responsible or liable with respect to any subject maer of Agreement related thereto:
(i) For error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business or profits;
(ii) For any damages resulting from a use of a solution that is contrary to Company’s instructions;
(iii) For any maer beyond Company’s reasonable control or Force Majeure; or
(iv) For any amounts that, together with amounts associated with all other claims, exceed Xxxx paid by Customer to Company for Services under this Agreement in the twelve (12) months prior to the act that gave rise to the liability, in each case, whether or not Company has been advised of damage possibilities.
7.5 The limitations or exclusions of liability are not applicable to Company’s liability for fraud, willful misconduct, breach of confidentiality obligations in this Agreement, or bodily injury of a person caused by Company’s negligence or any other loss for which Company cannot lawfully exclude its liability. None of the limitations in this Article 7 will apply to Customer’s liability or indemnification obligations.
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.
