Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

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. 11.114.1 To the maximum extent permitted by applicable law, We will not be held liable for: 14.1.1 any fault or failure relating to the use of the Prepaid Product that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the contrary, including but not limited to, a fault in or failure of data processing systems; 14.1.2 the goods or services that You purchase with Your Prepaid Product; 14.1.3 any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; 14.1.4 any acts or omissions that are a consequence of Our compliance with any national or European Union law; or 14.1.5 any fees charged by third parties such as other banks, financial institutions or commercial third parties for use of their facilities or services. Notwithstanding In any event Our liability will be limited to the balance of Your Account at the time that the event occurs. 14.2 In addition to the conditions set out in section 14.1, Our liability shall be limited as follows: 14.2.1 Where Your Prepaid Product is faulty due to Our fault, Our liability shall be limited to replacement of the Prepaid Product, or at Our choice, repayment to You of the available funds on Your Account; 14.2.2 Where sums are incorrectly deducted from the available funds on Your Account due to Our fault, Our liability shall be limited to payment to You of an amount equivalent to the amount incorrectly deducted. 14.2.3 In all other provision circumstances of Our default, Our liability will be limited to repayment of the amount of the available funds on Your Account. 14.2.4 Nothing in this AgreementAgreement shall exclude or limit Our liability for death or personal injury. 14.3 If You have used Your Prepaid Product fraudulently or allowed Your Prepaid Product to be used fraudulently, in a manner that does not comply with these Terms and Conditions, for illegal purposes, or if You have allowed Your Prepaid Product or its details to be compromised due to Your negligence You will be held responsible for the Subcontractor use and misuse of the Prepaid Product. We will take all reasonable and necessary steps to recover any loss from You, and there shall be responsible for and shall fully indemnify and keep indemnified Xxxxxxxxx no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Prepaid Product and its related bodies corporatedetails and act responsibly, its directorsor You will be held liable. 14.4 Providing that You have taken all reasonable care necessary and subject at all times to sections 11.3 and 12.4, officersYou will not be liable for unauthorised transactions associated with a lost or stolen Card or a compromised Account . 14.5 Claims for non-execution, employeesincorrect execution or late execution of authorised transactions: 14.5.1 If an authorised transaction is not executed or not executed correctly, agentsYou may request Us to refund the full amount of the transaction without delay insofar as the transaction was not made or not made correctly. If the amount has been deducted from Your Account, advisorsWe shall restore the balance of Your Account to what it would have been without debiting for the non-executed or incorrectly executed transaction. If Your transaction was initiated by a payment initiation service provider, commercial partners We shall be subject to the aforementioned obligations. 14.5.2 Over and customers (including the Principal) against all claimsabove section 14.5.1, demands, proceedings, costs, charges, expenses You may ask Us to refund any charges and liabilities arising from interest insofar as these were levied on You or debited to Your Account in connection with any act, omission, neglect the non-execution or default incorrect execution of the Subcontractor or its employeestransaction. 14.5.3 If an authorised transaction is executed late, subcontractorsYou may request Us to ask the payee’s payment service provider to credit the payment amount to the payee’s payment account as if the credit transfer had been properly executed. This obligation shall also apply if Your transaction is initiated via a payment initiation service provider. 14.5.4 Our liability in accordance with sections 14.5.1-14.5.3 is excluded in the following cases: (i) We are able demonstrate to You that the payment amount was remitted to the payee’s payment service provider in due time and in full. (ii) The transaction was executed in conformity with the incorrect unique payee identifier provided by You. In this case, officers or agents. The You may, however, ask Us to make reasonable efforts to recover the amount of any and all claimsthe transaction. If the transaction amount cannot be recovered, damagesWe shall upon written request provide You with available information that will enable You to assert a claim for a refund of the transaction amount against the actual recipient of the transaction. 14.5.5 Your claims under sections 14.5.1-14.5.3 for a non-executed or, costs and expenses which may be paid, suffered or incurred incorrect executed transaction are excluded if You do not notify Us within 13 months after the day the transaction was made. This 13 month period shall only commence if We have notified You of the debit booking by the Xxxxxxxxx means agreed for transaction statements, as outlined in respect section 7, by no later than one month after the debit booking. Otherwise, this period shall begin with the date of the notification. This shall also apply if Your transaction was initiated via a payment initiation service provider. 14.5.6 Claims on Your part are excluded if the circumstances giving rise to a claim: (i) Are based upon an exceptional and unforeseeable event on which We have no influence and whose consequences could not have been avoided by exercising due diligence; (ii) Were brought about by Us as a result of a statutory obligation. 14.6 If You permit an AIS Provider or PIS Provider to act on Your behalf, You are liable to Us for the actions that You authorise the AIS Provider or PIS Provider to take on Your behalf, subject to Your mandatory legal rights and sections 14.4 and 14.5. Granting permission to any third party in any way does not relieve You 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 Your responsibilities under this Agreement. You acknowledge and agree that You will not hold Us responsible for, law and will indemnify Us from, any liability arising from the actions or inactions of tort this third party in connection with the permissions You granted. 14.7 The Luxembourg Deposit Guarantee Fund (including negligence)“Fonds de garantie des dépôts Luxembourg“ - FGDL) does not apply to Your Prepaid Product. However as a responsible e-money issuer We take the security of Your money very seriously. Your funds are held in a secure client account, statutespecifically for the purpose of redeeming transactions made via Your Prepaid Product. In the unlikely event of any insolvency, funds that have reached Our client account will be protected against claims by creditors. We will be happy to talk through any questions or concerns You might have; please contact Customer Service for information. 14.8 It is Your responsibility to ensure that any funds transferred to us for Your benefit are done so in accordance with Our instructions, 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. 11.4particular that You ensure the correct identifier information is included with the funds transfer to enable Us to assign such funds to Your Account. Notwithstanding any other provision of this Agreement, except for those liabilities which cannot be limited by Law, Xxxxxxxxx’x We specifically disclaim all liability arising out of or in connection with this Agreement under any indemnity, law arrangements You may have entered into with a third party financial institution regarding funds transferred to Your Account. In particular We disclaim all liability for errors made by such third party financial institutions and will only be liable for those funds received by Us in equity, tort or otherwise (including but not limited accordance with Our instructions and credited to negligence), shall not exceed Your Account for the Remuneration (“Agreed Contract Price” stated in the Project Agreement)purchase of electronic money.

LIABILITY AND LIMITATION OF LIABILITY. 11.1. Notwithstanding any other provision This Clause 9 sets out the entire financial liability of Lancia in connection with this Agreement, the Subcontractor shall be responsible for and shall fully indemnify and keep indemnified Xxxxxxxxx and its related bodies corporateincluding liability in respect of: (a) any breach of this Agreement; and (b) any representation, its directors, officers, employees, agents, advisors, commercial partners and customers (statement or tortious act or omission including the Principal) against all claims, demands, proceedings, costs, charges, expenses and liabilities negligence arising from under or in connection with this Agreement. As prohibited by law, no limits its liability shall apply in respect of: (a) fraudulent misrepresentation or for any actother fraudulent act or omission; (b) the death of, omissionor personal injury to, neglect or default any person caused by its negligence; (c) to pay sums properly due and owing to the other in the normal course of the Subcontractor or its employees, subcontractors, officers or agents. The amount performance of this agreement; and (d) for any and all claims, damages, costs and expenses other liability which may not lawfully be paidexcluded or limited. Subject to Clause 9.2 above: (a) Lancia’s maximum aggregate liability to Client, suffered whether in contract, tort (including negligence or incurred by breach of statutory duty), misrepresentation or otherwise, arising in connection with the Xxxxxxxxx in respect of any such loss, damage performance 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 contemplated performance 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 shall be limited to achieve the required quality 100% of the Services, total Charges paid by Client to regularly and diligently proceed with and perform Lancia for the Services deliverables giving rise to the liability during the 12 months immediately preceding the event giving rise to 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.liability; and 11.3. Xxxxxxxxx (b) Under no circumstances shall not Lancia be liable to the Subcontractor under this AgreementClient (whether from breach of contract, law of tort (including negligence), statute, in equity breach of statutory duty or otherwise otherwise) for any indirect loss or damage, including any: (i) loss of profit, ; (ii) indirect or consequential loss or special loss; (iii) loss of revenue, business; (iv) loss of use, opportunity; (v) loss of production, costs reputation; (vi) loss of capital, downtime costs, damage to reputation or goodwill; (vii) loss of anticipated savings savings; (viii) loss of any software or wasted overheads and expenses.data; 11.4. Notwithstanding any (ix) loss of use of hardware, software or data; (x) loss or waste of management or other provision of this Agreement, except for those liabilities which cannot be limited by Law, Xxxxxxxxx’x liability staff time; or arising out of or relating to this agreement, whether or not such loss was foreseeable or if the party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this clause 9.3, the term "loss" includes a partial loss or reduction in connection value as well as a complete or total loss). Lancia shall maintain at its own costs professional liability and product liability policies of insurance covering all risks normally covered for the Services provided herein and in the amount no less than the Charges stated in the relevant Statement of Work. At Client’s request, Lancia shall provide copies of such insurance policies to Client as evidence of Lancia’s compliance with this Agreement under any indemnityClause. For avoidance of doubt, law Lancia shall have no liability with respect to its inability to perform the Services whether in equitycontract, tort or otherwise (including but not limited to negligence), shall not exceed breach of statutory duty, under any indemnity or otherwise, for any loss, damage, expense or liability resulting from the Remuneration following events, except where the same is proved to be attributable to Lancia: (“Agreed Contract Price” stated in a) where Lancia’s inability to perform is attributable to the Project Agreement)delay or failure of third party contractors or vendors engaged directly by Client to perform their respective obligations; and (b) where Lancia’s ability to perform is dependent on Client’s timely and effective performance of its obligations under this Agreement and its timely decisions, instructions and approvals.

LIABILITY AND LIMITATION OF LIABILITY. 11.1. Notwithstanding any other provision in this Agreement, the Subcontractor 12.1 The Customer shall be responsible indemnify Neos Networks against liability 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 third party claims, demands, proceedings, costs, chargesproceedings or demands and against all direct losses, costs, expenses and liabilities arising from or 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 act, omission, neglect proven act error or default omission of the Subcontractor 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, subcontractors, officers agents or agents. The amount of contractors; (b) any and all claims, damages, costs and expenses fraud or fraudulent misrepresentation; or (c) any liability 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 or excluded by Law. 12.3 Subject to Clauses 12.2 and 12.4, Xxxxxxxxx’x 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 under any indemnity, law whether in equitycontract, tort or otherwise (including but not limited to negligence), breach of statutory duty or otherwise shall not exceed 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 Remuneration (“Agreed Contract Price” stated in loss or damage is foreseeable or unforeseeable, and regardless of whether such Party has been informed of the Project Agreement)possibility or likelihood of such loss or damage.

LIABILITY AND LIMITATION OF LIABILITY. 11.1. Notwithstanding any other provision in this Agreement, the Subcontractor The Provider shall be responsible indemnify SCDMV 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, losses, damages, judgments, liabilities or similar costs and expenses which may be paid, suffered arise in whole or incurred in part out of the acts or omissions of the Provider with respect to this program or the Provider’s failure to abide by the Xxxxxxxxx in respect terms of this Contract, including, without limitation, reasonable attorneys’ fees and all other costs of defending any such lossaction or claim. Except with respect to its obligations otherwise set forth in this Section and Section 5 hereof and except for the damages caused by the intentional misconduct of the Provider, damage the Provider’s total liability in any event for monetary damages suffered by SCDMV, including without limitation, any indirect, special, incidental, or injury consequential damages resulting from the loss of data, SCDMV’s use of the products and services provided by the Provider, hereunder, or the performance or nonperformance by the Provider of its obligations under this Contract, whether or not the Provider was advised of the possibility of such damages and whether or not such damages arise in tort, contract or under any other theory of liability, shall be made good at the Subcontractor's expense and may be deducted from any sums due expressly limited to the Subcontractor recovery by SCDMV of funds collected by Provider and not yet remitted for transactions that have been completed and for uncollected funds as described in Section 1., above. Without limiting the foregoing in any way, the Provider shall not have any liability to SCDMV for any claims, losses, damages, judgments, liabilities or which may become due to similar costs and expenses resulting directly or indirectly from the Subcontractor under misappropriation or in respect of this Agreement misuse by a Participating Dealer or Third Party Participant for any vehicle record obtained from SCDMV, or any other subcontract act or agreement between the Parties. 11.2. Without limiting omission of a Participating Dealer or Third Party Participant, including, without limitation, any other provision in this Agreement Participating Dealer’s or Xxxxxxxxx’x rights or remedies under this Agreement or otherwise at law, the Subcontractor acknowledges that its Third Party Participant’s failure to achieve abide by the required quality Program Standards if (a) the Provider had no notice or knowledge of such misappropriation or misuse or (b) the Provider did have suspicions of the Services, to regularly Participating Dealer or Third Party Participant wrongdoing and diligently proceed with immediately reported the suspicions 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 investigations to SCDMV. The Provider shall provide and maintain a surety bond in the amount of one hundred thousand ($100,000.00) dollars to cover all claims, losses, damages, judgment, liabilities, out of pocket costs or similar cost and expenses incurred by the Subcontractor and are deemed recoverable by the Xxxxxxxxx from the Subcontractor. 11.3. Xxxxxxxxx shall not be liable SCDMV owing to the Subcontractor under this Agreementloss, 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 destruction of or Provider’s inability to account for inventory as set forth in connection with this Agreement under any indemnitySection 1., 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)above.