Common use of Liability, Damages Clause in Contracts

Liability, Damages. (1) PTW shall be liable under the terms of this Agreement only in accordance with the provisions set out under (a) to (e): (a) PTW shall be unrestricted liable for losses caused intentionally or with gross negligence by PTW, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance PTW’s liability shall be as set forth in the provisions for simple negligence in (e) below. (b) PTW shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of PTW, its legal representatives or assistants in performance. (c) PTW shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for PTW at the time the warranty was given. (d) PTW shall be liable in accordance with the Produkthaftungsgesetz (German Product Liability Act) in the event of product liability. (e) PTW shall be liable for losses caused by the breach of its primary obligations by PTW, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee may rely. If PTW breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by PTW at the time the respective service was performed. (2) PTW shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. (3) Any more extensive liability of PTW is excluded on the merits. (4) In the above cases the statutory period of limitation shall apply.

Liability, Damages. (1) PTW Licensor shall be liable for losses under the terms of this Agreement only in accordance with the provisions set out under (a) to (e): (a) PTW Licensor shall be unrestricted liable for losses caused intentionally or with gross negligence by PTWLicensor, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance PTWLicensor’s liability shall be as set forth in by the provisions for simple negligence in (e) below. (b) PTW Licensor shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of PTWLicensor, its legal representatives or assistants in performance. (c) PTW Licensor shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for PTW Licensor at the time the warranty was given. (d) PTW Licensor shall be liable in accordance with the Produkthaftungsgesetz (German Product Liability Act) Act in the event of product liability. (e) PTW Licensor shall be liable for losses caused by the breach of its primary obligations by PTWLicensor, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee may rely. If PTW Licensor breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by PTW Licensor at the time the respective service was performed. (2) PTW Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. (3) Any more extensive liability of PTW Licensor is excluded on the merits. (4) In the above cases the statutory period of limitation shall apply.

Liability, Damages. (1) PTW Licensor shall be liable under the terms of this Agreement only in accordance with the provisions set out under (a) to (e): (a) PTW Licensor shall be unrestricted liable for losses caused intentionally or with gross negligence by PTWLicensor, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance PTWLicensor’s liability shall be as set forth in the provisions for simple negligence in (e) below. (b) PTW Licensor shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of PTWLicensor, its legal representatives or assistants in performance. (c) PTW Licensor shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for PTW Licensor at the time the warranty was given. (d) PTW Licensor shall be liable in accordance with the Produkthaftungsgesetz (German Product Liability Act) Act in the event of product liability. (e) PTW Licensor shall be liable for losses caused by the breach of its primary obligations by PTWLicensor, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee may rely. If PTW Licensor breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by PTW Licensor at the time the respective service was performed. (2) PTW Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. (3) Any more extensive liability of PTW Licensor is excluded on the merits. (4) In the above cases the statutory period of limitation shall apply.

Liability, Damages. (1) PTW shall be liable under the terms of this Agreement only in accordance with the provisions set out under (a) to (e): (a) PTW shall be unrestricted liable for losses caused intentionally or with gross negligence by PTW, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance PTW’s liability shall be as set forth in the provisions for simple negligence in (e) below. (b) PTW shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of PTW, its legal representatives or assistants in performance. (c) PTW shall be liable for losses arising from the lack of any ofany warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for PTW at the time the warranty was given. (d) PTW shall be liable in accordance with the Produkthaftungsgesetz (German Product Liability Act) in the event of product liability. (e) PTW shall be liable for losses caused by the breach of its primary obligations by PTW, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee may rely. If PTW breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by PTW at the time the respective service was performed. (2) PTW shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. (3) Any more extensive liability of PTW is excluded on the merits. (4) In the above cases the statutory period of limitation shall apply.

Liability, Damages. (1) PTW shall be liable under the terms of this Agreement only in accordance with the provisions set out under (a) to (e): (a) PTW shall be unrestricted liable for losses caused intentionally or with gross negligence by PTW, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance PTW’s liability shall be as set forth in the provisions for simple negligence in (e) below. (b) PTW shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of PTW, its legal representatives or assistants in performance. (c) PTW shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for PTW at the time the warranty was given. (d) PTW shall be liable in accordance with the Produkthaftungsgesetz (German Product Liability Act) in the event of product liability. (e) PTW shall be liable for losses caused by the breach of its primary obligations by PTW, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee may rely. If PTW breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by PTW at the time the respective service was performed. (2) PTW shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. (3) Any more extensive liability of PTW is excluded on the merits. § 8 Final Provisions (1) Unwritten or written subsidiary agreements or arrangements do not exist. Amendments or additions to this Agreement must be made in writing to be effective. This shall also apply to amendments of this written form requirement. This shall not apply for individual agreements made by the parties after conclusion of this Agreement. (2) This Agreement shall be governed by the laws of the Federal Republic of Germany with exclusion of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods dated 11.4.1980). (3) The courts for PTW’s registered office shall have exclusive jurisdiction over all disputes under and in connection with this Agreement, provided that Licensee is a merchant within the meaning of the Handelsgesetzbuch (German Commercial Code) or if upon the commencement of legal proceedings, Licensee has no place of business or ordinary residence in the Federal Republic of Germany. (4) In Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above cases shall apply accordingly to the statutory period closing of limitation shall applyany gaps in the Agreement.

Liability, Damages. (1) PTW Xxxx shall be liable under the terms of this Agreement only in accordance with the provisions set out under (a) to (e): (a) PTW Xxxx shall be unrestricted liable for losses caused intentionally or with gross negligence by PTW, the management of Xxxx and its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; . Other than in respect case of gross negligence intent, Xxxx is not liable for indirect damage and consequential damage, in particular, not for loss of other assistants profit, interruption in performance PTW’s liability shall be as set forth in the provisions for simple negligence in (e) belowproduction and/or interruption of operations at Customer or its customers. (b) PTW Xxxx shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of PTWXxxx, its legal representatives or assistants in performance. (c) PTW Xxxx shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for PTW Xxxx at the time the warranty was given.; (d) PTW Xxxx shall be liable in accordance with the Produkthaftungsgesetz (German Product Liability Act) Act in the event of product liability. (e) PTW Xxxx shall be liable for losses caused by the breach of its primary obligations by PTWXxxx, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee Customer may rely. If PTW Xxxx breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by PTW Xxxx at the time the respective service was performed. (2) PTW Xxxx shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. (3) In the event that Xxxx is liable to Customer for direct property damage caused by slight negligence, the compensation which Xxxx has to pay to Customer shall not exceed the sum of EUR 3.000.000, 00. (4) Any more extensive liability of PTW Xxxx is excluded on the merits. (4) In the above cases the statutory period of limitation shall apply.