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Liability and penalties Sample Clauses

Liability and penalties. (1) For damages of the Principal due to culpable breaches of the Contractor of this contract as well as of the legal data protection regulations, the legal liability regulations apply. Insofar as third parties assert claims against the Principal due to the demonstrable breach of data protection regulations caused by the Contractor, which are caused by the collection or use of Principal data contrary to the contract, the Contractor shall indemnify the Principal from these claims upon request. (2) The Contractor shall bear the burden of proof that any damages are not based on a circumstance for which it is responsible, insofar as the cause of the damage is the collection or use of Principal data under this contract.
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Liability and penalties. 20.1. The other party must compensate any damage or costs which VodafoneZiggo suffers or incurs because of or in connection with a breach by the other party. 20.2. The other party will indemnify VodafoneZiggo against and compensate it for any claims, damage or costs by third parties, including VodafoneZiggo’s personnel and those persons otherwise working at VodafoneZiggo’s instruction, (i) for compensation of damage which they suffer because of or in connection with the performance of the Agreement and (ii) concerning violations of laws or regulations committed by the other party, even if these are unrelated to the Agreement. 20.3. The other party warrants that it has adequately insured itself and will continue to adequately insure itself against liability and risks associated with the performance of the Agreement (it will at least take out liability insurance, professional liability insurance and, insofar as relevant, CAR insurance). The other party warrants that the products which it possesses from VodafoneZiggo will be and will remain adequately insured, including against damage ensuing from improper or inadequate processing. The other party will be liable for the timely payment of any premiums or costs related to the aforementioned insurance. 20.4. VodafoneZiggo, VodafoneZiggo’s personnel, those persons otherwise working at VodafoneZiggo’s instruction or the instruction of an affiliated company and third parties for which VodafoneZiggo is vicariously liable, will not be liable for damage or costs which the other party suffers or incurs because of or in connection with the performance of the Agreement, regardless of the legal ground on which liability is based, except if such damages result from deliberate recklessness by VodafoneZiggo or VodafoneZiggo’s senior management,. 20.5. If Performance conforming to the Agreement has not been rendered at the agreed location within the agreed period, the other party will owe VodafoneZiggo a penalty of one percent (1%) of the total price of the Performance concerned for each day that the breach continues, up to a maximum of ten percent (10%) of this price. If it is apparent at the aforementioned time that the Performance concerned has become permanently impossible, the penalty will be owed in full at that time. 20.6. Any penalties stated in the Agreement, including the penalty stated in paragraph 5 of this Article and in Article 16 paragraph 9, will be increased by turnover tax, will be immediately due and payabl...
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Liability and penalties. Each gross breach of any obligations arising from this Agreement shall result in the obligation of the Party to the Agreement in breach of any provisions hereunder to pay to the other Party to the Agreement affected by this breach a contractual penalty in the sum of 100 000 CZK (equivalent to 3 921 EUR) and a possibility for the other Parties to withdraw from this Agreement. This penalty clause does not affect the right to claim damages incurred. If a Party to the Agreement commits a minor breach of its obligations under this Agreement, the Party affected by this breach shall have the right upon written notice to suspend further collaboration and set a deadline for such a breach to be rectified. If the Party in breach fails to rectify the deficiencies found in fulfilling its obligations under this Agreement within the set deadline, the Party affected by this breach has the right to withdraw from this Agreement. A decision to withdraw shall be communicated to the other Party to the Agreement in writing stating the reason thereof. Liability of the Parties to the Agreement for damage caused to third parties shall be governed by general damage liability rules.
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Liability and penalties. This DPA is without prejudice to the rights and obligations of the Parties under the Agreement. The Agreement will continue to have full force and effect, including any limitation and exclusions on liability contained therein, which apply to this DPA as if fully set forth herein. In the event of any conflict between the terms of this DPA and the terms of the Agreement, the terms of this DPA prevail so far as the subject matter concerns the processing of personal data. Notwithstanding anything to the contrary in this DPA or in the Agreement, neither Party will be responsible for any fines issued or levied under Applicable Data Protection Laws (including Article 83 of the GDPR) against the other Party by a regulatory authority or governmental body in connection with such other Party’s violation of such law.
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Liability and penalties. The liability of the Processor for damage as a result of an attributable shortcoming in the performance of the Processing Agreement, or in tort or otherwise, is excluded. Insofar as the aforementioned liability can not be excluded, this per event (a series of consecutive events counts as one event) is limited to the compensation of direct damage, to a maximum of the amount of the fees received by the Processor for the activities under this Processing Agreement for the month preceding the event causing the damage. The liability of the Processor for direct damage will in total never exceed £ 5 000.00. Under direct damage is exclusively understood to mean all damage consisting of.  damage directly caused to property ("property damage");  reasonable and demonstrable costs to remind the Processor to perform the Processing Agreement (again) properly;  reasonable expenses to determine the cause and the extent of the damage, for as far as related to the direct damage as intended here;  reasonable and demonstrable costs incurred by the Processing Officer to prevent or limit the direct damage as referred to in this article. The liability of the Processor for indirect damages is excluded. Indirect damage is understood to mean all damage that is not direct damage and therefore in any case, but not limited to, consequential damage, loss of profit, reputation damage, missed savings, loss of goodwill, loss due to business stagnation, damage due to failure to determine marketing objectives, damage related to the use of data or data files prescribed by the Processing Officer, or loss, mutilation or destruction of data or data files. The exclusions and limitations referred to in this article shall lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of the Processor or its management. Unless compliance is permanently impossible, the liability of a Party due to an attributable failure to fulfil an obligation from the Framework agreement shall only arise if the Processing Officer informs the Processor forthwith, in writing, with a reasonable deadline for remedying the failure, and the Processor continues to be in default in the fulfilment of its obligation after that term. The notice of default must contain an as complete and as detailed a description as possible of the shortcoming, so that the Processor is given the opportunity to respond adequately. Any claim for compensation by the Processing Officer against Processor, that ...
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Liability and penalties. 1. The Parties acknowledge that any misuse or abuse of grant funds, contrary to their intended purpose as outlined in this Agreement and/or the agreement of the Beneficiary with the Provider, constitutes a breach of budget discipline under § 44 et seq. of Act No. 218/2000 Coll., on Budgetary Rules, and Article 5 of the General Terms and Conditions of the Provider. 2. If a Party evidently violates any obligations under this Agreement or the Provider's rules, or if a final and effective decision of the Provider or another public authority declares such violation, that Party shall compensate the other Parties for any resulting damage. The Beneficiary is entitled to compensation for contractual fines, refunds of the Allocated Funds and other penalties applied by the Provider due to the Other Participant's breach of duty. The Parties must cooperate to minimise such damages. 3. No Party may transfer the obligations arising from this Agreement to a third party without the written consent of the other Parties and without prior approval from the Provider.
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Liability and penalties. A. This DPA is without prejudice to the rights and obligations of the Parties under the Agreement which shall continue to have full force and effect, including any limitations and exclusions on liability contained therein which shall apply to this DPA as if fully set forth herein. In the event of any conflict between the terms of this DPA and the terms of the Agreement, the terms of this DPA shall prevail so far as the subject matter concerns the processing of personal data. B. Notwithstanding anything to the contrary in this DPA or in the Agreement, neither Party will be responsible for any fines issued or levied under Article 83 of the GDPR against the other Party by a regulatory authority or governmental body in connection with such other Party’s violation of the GDPR.
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Liability and penalties. The Sublessor shall be indemnified and waived from any responsibility and liabilities to any damages and injuries arising out from the sublessee’s use of the premises. The Sublessee shall shoulder any liabilities to any damages and injuries arising from the use of the premises, incurred by the sublessee itself, its visitors, and co-occupants. Penalties and fees will be charged to the Sublessee to cover the expenses incurred from repairs to any damages to the premises. Unlawful use of the premises will, however, result in the termination of this agreement. Binding Effect: This Sublease Agreement, including the terms, conditions, and mutual covenants contained herein, shall be to the benefit and binding to the agreeing Parties, their successors, heirs and assigns.
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Liability and penalties. 1If the Provider violates the Confidentiality Obligation under this Contract, the Provider agrees to pay the Customer a contractual penalty of CZK 500,000 (five hundred thousand Czech crowns) for each individual breach of the Confidentiality Obligation with respect to the information.
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Related to Liability and penalties

  • Fines and Penalties Qwest shall be liable to pay to CLEC fines and penalties for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's fines and penalties paid to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to CLEC. Qwest is not required to pay fines and penalties for service failures that are the fault of CLEC; c) Intentionally Left Blank. d) In no case shall Qwest's fines and penalties to CLEC exceed the amount Qwest would pay the Commission under the service quality plan, less any wholesale discount applicable to CLEC's resold services; and e) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident.

  • Submitting False Claims; Monetary Penalties The AOC shall be entitled to remedy any false claims, as defined in California Government Code section 12650 et seq., made to the AOC by the Contractor or any Subcontractor under the standards set forth in Government Code section 12650 et seq. Any Contractor or Subcontractor who submits a false claim shall be liable to the AOC for three times the amount of damages that the AOC sustains because of the false claim. A Contractor or Subcontractor who submits a false claim shall also be liable to the AOC for (a) the costs, including attorney fees, of a civil action brought to recover any of those penalties or damages, and (b) a civil penalty of up to $10,000 for each false claim.

  • Civil Liability If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then:

  • Civil Penalty ORLY shall issue two separate checks for a total amount of five hundred dollars ($500.00) as penalties pursuant to California Health & Safety Code § 25249.12 as follows: (a) one check made payable to the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) in the amount of three hundred and seventy five dollars ($375.00), representing 75% of the total penalty; and (b) one check to Xxxx Xxxxxxx in the amount of one hundred and twenty five dollars ($125.00), representing 25% of the total penalty. Additionally, two separate 1099’s shall be issued for the above payments. The first 1099 shall be issued to OEHHA, PO Box 4010, Sacramento, CA 95184 (EIN: 00-0000000) in the amount of $375.00. The second 1099 shall be issued in the amount of $125.00 to Xxxx Xxxxxxx be addressed to Xxxx Xxxxxxx C/O Xxxxxx X. Xxxxxxxx, Law Corporation and shall be delivered to Xxxxxx X. Xxxxxxxx, Law Corporation, 0000 X. Xxxxxxxxx, #649, Manhattan Beach, CA 90266. At ORLY's request, Xxxxxxx'x counsel shall provide ORLY with a W-9 for Xxxxxxx prior to the Effective Date.

  • - FINANCIAL PENALTIES By virtue of the Financial Regulation applicable to the general budget of the European Communities, any beneficiary declared to be in grave breach of his obligations shall be liable to financial penalties of between 2% and 10% of the value of the grant in question, with due regard for the principle of proportionality. This rate may be increased to between 4% and 20% in the event of a repeated breach in the five years following the first. The beneficiary shall be notified in writing of any decision by the Commission to apply such financial penalties.

  • Your Liability 15.1 If you believe that a Transaction has not been executed correctly, or that a Transaction has not been authorised by you, you must inform us immediately via our Customer Service. Failure to notify us immediately, as soon as you become aware of it, or in any case within thirteen (13) months of the date of the unexplained or incorrectly executed Transaction, will result in you losing your right to a refund. If we establish that a Transaction has been incorrectly executed, or that it has not been authorised, and that you have promptly reported it to us within 13 months of its execution, then, unless Article 15.3 applies, we will refund the amount to you at the latest at the close of business on the Business Day following the date on which you made the incident known to us (or on which we became aware of it, if that date is earlier). 15.2 Notwithstanding your right to a refund as provided for in Article 15.1, you will be required to bear, without limitation of the amount if you are a Professional Customer, and up to 50 Euros if you are a Consumer Customer, any losses related to any unauthorised Payment Transactions resulting from the use of a lost or stolen payment instrument, or the misappropriation of a payment instrument, unless (i) the loss, theft or misappropriation could not be detected before the payment or (ii) the loss is caused by an act of one of our employees, agents or subcontractors. You will bear all losses related to unauthorised payment Transactions in the event of fraud on your part, or if you have not complied with, intentionally or through gross negligence, one or more of the security obligations provided for in Article 13. 15.3 If we grant a refund request for a disputed Transaction, and thereafter we receive information demonstrating that the Transaction had in fact been authorised, we will deduct the amount of the Transaction being disputed from the Available Funds, and, if applicable, you will be charged for the costs incurred. 15.4 You may also be liable for any reasonable costs incurred in conducting investigations to show that the Transaction had in fact been authorised. 15.5 You undertake to comply with the tax laws and regulations of all jurisdictions that apply to you, and you agree to indemnify Sogexia for any damages suffered in the event of non-compliance with your tax obligations. 15.6 You will assume all risks related to the means of communication that you use, including those resulting from communication errors, misunderstanding or the identity of the customer, or the risk of fraudulent use by unauthorised third parties. You hereby release us from any liability in this regard. 15.7 You expressly agree that, notwithstanding Article 1341 of the Civil Code, we may, whenever necessary or useful, prove our allegations by any legally permissible means in commercial matters, such as by testimony and oath. You expressly authorise us to record our telephone conversations, and to use them in court with the same probative force as a written document. 15.8 Your instructions must be complete, accurate and precise in order to avoid any error, failing which we will be entitled to suspend the execution of Transactions without incurring any liability.

  • Judgments; Penalties One or more fines, penalties or final judgments, orders or decrees for the payment of money in an amount, individually or in the aggregate, of at least Two Hundred Fifty Thousand Dollars ($250,000.00) (not covered by independent third-party insurance as to which liability has been accepted by such insurance carrier) shall be rendered against Borrower by any Governmental Authority, and the same are not, within ten (10) days after the entry, assessment or issuance thereof, discharged, satisfied, or paid, or after execution thereof, stayed or bonded pending appeal, or such judgments are not discharged prior to the expiration of any such stay (provided that no Credit Extensions will be made prior to the satisfaction, payment, discharge, stay, or bonding of such fine, penalty, judgment, order or decree);

  • Payment of Stipulated Penalties EPA may send Purchaser a demand for stipulated penalties. The demand will include a description of the noncompliance and will specify the amount of the stipulated penalties owed. Purchaser may initiate dispute resolution under Section XIII regarding the demand. Purchaser shall pay the amount demanded or, if Purchaser initiates dispute resolution, the uncontested portion of the amount demanded, within 30 days after receipt of the demand. Purchaser shall pay the contested portion of the penalties determined to be owed, if any, within 30 days after the resolution of the dispute. Each payment for: (a) the uncontested penalty demand or uncontested portion, if late, and; (b) the contested portion of the penalty demand determined to be owed, if any, must include an additional amount for Interest accrued from the date of receipt of the demand through the date of payment. Purchaser shall make payment at xxxxx://xxx.xxx.xxx using the link for “EPA Miscellaneous Payments Cincinnati Finance Center,” including a reference to the CERCLA docket number and Site/Spill ID number listed in ¶ 92, and the purpose of the payment. Purchaser shall send a notice of this payment to DOJ and EPA. The payment of stipulated penalties and Interest, if any, does not alter any obligation by Purchaser under this Settlement. Nothing in this Settlement limits the authority of the United States: (a) to seek any remedy otherwise provided by law for Purchaser’s failure to pay stipulated penalties or interest; or (b) to seek any other remedies or sanctions available by virtue of Purchaser’s noncompliance with this Settlement or of the statutes and regulations upon which it is based including penalties under section 106(b) of CERCLA provided, however, that the United States may not seek civil penalties under section 106(b) for any noncompliance for which a stipulated penalty is provided herein, except in the case of a willful noncompliance with this Settlement or in the event that EPA assumes performance of a portion or all of the Work pursuant to ¶ 30 (Work Takeover). Notwithstanding any other provision of this Section, the United States may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued under this Settlement.

  • Indemnity and Liability Subject to Section 3.1, the Company shall (i) indemnify, exonerate and hold the Service Provider and each of its partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents and each of the partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents of each of the foregoing (collectively, the “Related Parties”) free and harmless from and against any and all actions, causes of action, suits, claims, liabilities, losses, damages and costs and out-of-pocket expenses in connection therewith (including attorneys’ fees and expenses) incurred by the Related Parties or any of them before or after the date of this Agreement (collectively, the “Indemnified Liabilities”), arising out of any action, cause of action, suit, arbitration, investigation or claim arising out of, or in any way relating to, (i) this Agreement, any transaction to which the Company is a party or any other circumstances with respect to the Company or (ii) the operations of, or the Services or Office Space provided by the Service Provider to, the Company, or any of its affiliates from time to time; provided, however, that the foregoing indemnification rights will not be available to the extent that any such Indemnified Liabilities arose on account of such Indemnitee’s gross negligence or willful misconduct; and provided, further, that if and to the extent that the foregoing undertaking may be unavailable or unenforceable for any reason, the Company hereby agrees to make the maximum contribution to the payment and satisfaction of each of the Indemnified Liabilities which is permissible under applicable law. For purposes of this Section 5.1, none of the circumstances described in the limitations contained in the two provisos in the immediately preceding sentence will be deemed to apply absent a final non-appealable judgment of a court of competent jurisdiction to such effect, in which case to the extent any such limitation is so determined to apply to any Indemnitee as to any previously advanced indemnity payments made by the Company, then such payments will be promptly repaid by such Indemnitee to the Company without interest. The rights of any Indemnitee to indemnification hereunder will be in addition to any other rights any such person may have under any other agreement or instrument to which such Indemnitee is or becomes a party or is or otherwise becomes a beneficiary or under law or regulation.

  • Civil Penalty Payment Pursuant to Health and Safety Code § 25249.7(b)(2), and in settlement of all claims alleged in the Notice or referred to in this Settlement Agreement, Xxxxxx Xxxxx agrees to pay two thousand five hundred ($2,500.00) in civil penalties. The penalty payment will be allocated in accordance with California Health and Safety Code §§ 25249.12(c)(1) & (d), with 75% of the penalty amount paid to the California Office of Environmental Health Hazard Assessment (“OEHHA”) and the remaining 25% of the penalty amount retained by EHA. Xxxxxx Xxxxx shall issue two separate checks for the initial civil penalty payment to (a) “OEHHA” and (b) Environmental Health Advocates, Inc. as follows: • One payment of $1,875.00 to OEHHA, due fourteen (14) days after the Effective Date. • One payment of $625.00 to EHA, due fourteen (14) days after the Effective Date. All payments owed to OEHHA (EIN: 00-0000000), pursuant to this Section shall be delivered P.O. Box 4010 Sacramento, CA 95812-4010 All penalty payments owed to EHA shall be sent to: Xxxxx Xxxxxx Environmental Health Advocates 000 Xxxxxxxx, Xxxxx 0000 Xxx Xxxxx, XX 00000

Most Referenced Clauses

Most Referenced Definitions