LIABILITY AND SANCTIONS. The Vendor’s liability and the Customer’s powers in the event of breach shall be as follows: The Vendor’s liability is limited to the delivery of Cloud Services and agreed Additional Services. The Vendor is not liable for the Customer’s data flow between the Customer’s Cloud Account and any Third Parties. The Customer is responsible for the Customer’s use of such services, including the Customer’s choice of settings and use of Third Party Services. The Customer is liable that the use of Cloud Services and Additional Services is conducted in accordance with relevant additional terms and legislation. The Vendor’s liability for damages or loss, regardless of cause and basis for the case and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to the Customer's direct losses. Total compensation shall not exceed the amount the Customer has paid the Vendor under this Cloud Account Agreement the last 6 months and in any case not amount to more than NOK 50 000. The Vendor shall not under any circumstances be liable for non- economic losses, consequential losses or indirect losses, including but not limited to interruption losses and other loss of use, lack of anticipated savings, loss of earnings or profits, loss of data, loss of datatime, consequential damages, operating loss, transaction loss, loss incurred by Third Parties, losses as a result of the Agreement with a Third Party being annulled or amended, as well as other commercial or pecuniary losses. The ceiling on indirect losses also applies where the Customer has been made aware of the possibility that such losses or such damages can occur. The Vendor shall not under any circumstances be liable for repairing damages to, replacing or restoring data, software or data files. The Vendor is not liable for loss, injury to, deletion or similar of data, software, systems etc. Further, the Vendor is not responsible for direct or indirect loss of the Customer or a Third Party caused by errors or defect regarding data, software, systems etc. This also applies for losses, injury to, deletion or similar incurred due to wrongful use of software or the Products. The Customer cannot assert other liability/other rights to compensation than those specified in the preceding paragraph. The Customer loses its right to argue liability/sanctions against the Vendor under a signed Cloud Service Agreement if written, specific complaints have not been received by the Vendor within 30 days after...
LIABILITY AND SANCTIONS. The IM and the RU shall apply the respective regulations of the Network Statement regarding the allocation of capacity, the charging of infrastructure charges and prices for services and in the case of train delay.
LIABILITY AND SANCTIONS. In case that Applicant breaches any of its obligations hereunder, Applicant agrees to pay to LP a contractual penalty in the amount of CZK 100,000 (in words: one hundred thousand Czech crowns) per each individual breach, however aggregately not more than CZK 1,000,000 (in words: one million Czech crowns). The contractual penalty shall be due within fourteen (14) days of the receipt of a written call of LP to Applicant for payment. In such written call, LP will reasonably identify the underlying breach of obligation. Applicant hereby agrees explicitly to indemnify LP for any non-material harm incurred to LP by breaching the obligation of Applicant hereunder and/or in relation thereto. In order to avoid any doubts, Applicant hereby declares and agrees to be responsible in full extent for any breach by its Representatives and/or third parties to whom any Confidential information of LP was disclosed by Applicant in any manner, and shall indemnify LP for any harm in full extent as well as indemnify LP for any and all non-material harm in connection therewith. In case that Applicant breaches its contractual obligation under this Agreement, as a result of which LP would have according to a legal regulation, a judicial or other decision or any other fact, an obligation to pay any payment to any third party, Applicant undertakes to fulfil such an obligation if requested so by LP. In such request, LP will reasonably identify the underlying breach of obligation. In case Applicant is to pay any financial amount bearing interest to LP, the Parties expressly agree that interest on interest may be claimed.
LIABILITY AND SANCTIONS. If a Party uses the earmarked funds contrary to their purpose and/or for a purpose other than for which they were provided by the Recipient under this Agreement, or otherwise uses or withholds them unlawfully, the Parties agree that, for the purposes of this Agreement, such action shall be considered a breach of budgetary disciplině within the meaning of Section 44 et seq. of Act No. 218/2000 Coll., on budgetary rules and on amendments to certain related acts, as amended, and shall háve consequences analogous to those set out in this Act. Should any Party breach the rules (conditions) of cooperation defined in this Agreement, the Party in breach shall be obliged to compensate the other Parties for the demonstrable damage. In the event of non-performance of the obligations under this Agreement, the other Party shall be entitled, by written notice to the NAHYC-m Council, to require the Party to cure the default and remedy the breach of the Agreement. In čase of delay of the NAHYC-m Member in returning the funds to the Recipient according to this Agreement, according to the law or other binding document including the Support Programme documentation or according to the Grantor's decision, default interest at a rate claimed by the Grantor shall be charged for each commenced day of delay in returning the funds .
LIABILITY AND SANCTIONS. When the Borrower stops using the loan, the Lender shall be released from the commitment to provide the non-utilized portion of the loan.
LIABILITY AND SANCTIONS. 4.1 In case that IDEASENSE breaches the Obligation to maintain the confidentiality of information hereunder, IDEASENSE agrees to pay to LETIŠTĚ PRAHA, A. S. a contractual penalty in the amount of 1 000 000 CZK (in words: one million CZK) per each individual breach of the Obligation to maintain the confidentiality of information.
4.2 The contractual penalty shall be due within fourteen (14) days of the receipt of a written call of LETIŠTĚ PRAHA, A. S. to IDEASENSE for payment.
4.3 The right of LETIŠTĚ PRAHA, A. S. to claim the payment of full compensation for damage incurred by LETIŠTĚ PRAHA, A. S. in consequence of breach of any contractual obligation secured by the contractual penalty under this Agreement shall not be affected by the payment of the contractual penalty.
4.4 IDEASENSE agrees explicitly herewith to indemnify LETIŠTĚ PRAHA, A. S. for any non-material harm incurred to LETIŠTĚ PRAHA, A. S. by breaching the obligation of IDEASENSE hereunder and/or in relation thereto.
4.5 In order to avoid any doubts, IDEASENSE declares herewith and agrees to be responsible in full extent for any breach of the obligations stipulated herein by its employees and/or subcontractors and/or third parties to whom the Confidential information of LETIŠTĚ PRAHA,
A. S. was disclosed by IDEASENSE in any manner and shall indemnify LETIŠTĚ PRAHA, A. S. for any harm in full extent as well as indemnify LETIŠTĚ PRAHA, A. S. for any and all non-material harm.
4.6 In case that IDEASENSE breaches its contractual obligation under this Agreement, as a result of which LETIŠTĚ PRAHA, A. S. would have according to a legal regulation, a judicial or other decision or any other fact, an obligation to pay any payment to any third party, IDEASENSE undertakes to fulfil such an obligation.
4.7 In case IDEASENSE is to pay any financial amount bearing interest to LETIŠTĚ PRAHA, A. S., the Parties expressly agree that interest on interest may be claimed.
4.8 The Parties agreed that the obligation of LETIŠTĚ PRAHA, A. S. to indemnify IDEASENSE for harm incurred to IDEASENSE by breaching the obligation of LETIŠTĚ PRAHA, A. S. hereunder and/or in relation hereto shall be excluded in maximum extent permitted by applicable legal regulations. The obligation of LETIŠTĚ PRAHA, A. S. to indemnify harm caused by LETIŠTĚ PRAHA, A. S. to IDEASENSE intentionally or by gross negligence or another obligation of LETIŠTĚ PRAHA, A. S. to indemnify for harm, if applicable, that cannot be excluded nor restricted in ...
LIABILITY AND SANCTIONS. The Client agrees to indemnify and hold harmless Xxxxxxx Xxxxxxxx from any claims, damages, or legal actions arising from the misuse or unauthorized disclosure of data by the Client. Any violation of the confidentiality obligations or misuse of personal data will be subject to legal action and penalties in accordance with applicable laws, including GDPR and FADP. This includes reporting any breaches to the relevant data protection authorities.
LIABILITY AND SANCTIONS. 3.1. Should a payment be late, the CONSUMER shall pay the late interest, which is indicated in Part I of the Agreement, per each day of delay.
3.2. Should, in compliance with Clause 2.5.2 of Part II of the Agreement, a claim about the invoice is submitted and recognised to be reasoned after the CONSUMER has already made the payment within the term set in the Agreement and has overpaid, and requests to return the overpaid sum instead of referring this as an advance payment, the SELLER shall pay the late interest, which
LIABILITY AND SANCTIONS. The Supplier’s liability and the Customer’s powers in the event of breach shall be as follows: The Supplier’s liability is limited to the delivery of Cloud Account Services and agreed Additional Services. The Supplier is not liable for the Customer’s data flow between the Customer’s Cloud Account and any Third Parties. The Customer is responsible for the Customer’s use of such services, including the Customer’s choice of settings and use of Third Party Services. The Customer is liable that the use of Cloud Account Services and Additional Services is conducted in accordance with relevant additional terms and legislation. The Supplier’s liability for damages or loss, regardless of cause and basis for the case and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to the Customer's direct losses. Total compensation shall not exceed the amount the Customer has paid the Supplier under this Cloud Account Agreement the last 6 months and in any case not amount to more than NOK 50 000.
LIABILITY AND SANCTIONS. 1. Each party shall only be liable to the other party of this Agreement for the damage if it can be demonstrated that this damage was caused by that party intentionally or was the result of gross negligence. Each party of this Agreement shall not be liable for any consequential damage that may incur, in particular loss of profit, supplementary expenditures or claims asserted by third parties.
2. If APSS fails to successfully complete the performance of the Services by the Delivery Date as specified in Article III hereof, and such delay is attributable to APSS or its affiliates (esp. suppliers and/or resellers), APSS shall be obliged to pay to CAH a contractual penalty in the amount of 0,5% of the Price for every day of delay. The maximum contractual penalty which APSS shall be obligated to pay to CAH is 10% of the Price pursuant to Article IV. Par. 1. of this Agreement.
