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.
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...
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.
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 SP-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.
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.
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.
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.
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.
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 ...
