Liability for Breach of Data Protection Policies Sample Clauses

Liability for Breach of Data Protection Policies. Notwithstanding any other provision of this Agreement, provided that Reseller and its Authorized Resellers have taken such steps as are necessary or appropriate to ensure that NetSuite and NetSuite KK can use Private Customer Data in accordance with their privacy policies (to the extent possible under the Act), EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES DUE TO THE OTHER PARTY’S VIOLATION OR BREACH OF THE ACT OR OF SUCH PARTY’S OWN DATA PROTECTION PRIVACY POLICIES AND DATA SAFEGUARDS.
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Liability for Breach of Data Protection Policies. Notwithstanding any other provision of this Agreement, provided that Transcosmos and its Authorized Resellers have taken such steps as are necessary or appropriate to ensure that NetSuite and NetSuite KK can use Private Customer Data in accordance with their privacy policies (to the extent possible under the Act), EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES DUE TO THE OTHER PARTY’S VIOLATION OR BREACH OF THE ACT OR OF SUCH PARTY’S OWN DATA PROTECTION PRIVACY POLICIES AND DATA SAFEGUARDS.
Sample 1
Liability for Breach of Data Protection Policies. Notwithstanding any other provision of this Agreement, provided that you have taken such steps as are necessary or appropriate to ensure that Private Customer Data is used in accordance with the Act, to the extent permitted under applicable law, EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES DUE TO THE OTHER PARTY'S VIOLATION OR BREACH OF THE ACT OR OF SUCH PARTY'S OWN DATA PROTECTION PRIVACY POLICIES AND DATA SAFEGUARDS. (D) Governing Law. This Agreement, and all disputes arising out of or relating to this Agreement, shall be governed by, and construed and interpreted in accordance with, the laws of Japan, without regard to conflicts of laws principles of Japan or any other jurisdiction. The Parties hereby submit to the exclusive jurisdiction of the Tokyo District Courts in relation to any dispute arising in connection with this Agreement. (E) Elimination of Anti-social Forces. Both parties represent that, as of the Effective Date and during the term of this Agreement: (i) Each party itself, its directors, officers, employees engaging in management, persons or entities which substantially hold control over it, or any equivalent thereof (collectively "Party or its Concerned Parties") is not and has not been during the past five (5) years a Boryokudan (crimimal syndicatee), Boryokudan-in (member of Boryokudan), Boryokudan-kankei-kigyo (Boryokudan-related company), Sokaiya (corporate racketeers), Shakaiundohyobogoro, Tokusyu-chino-boryokusyudan or any equivalent or a member of any equivalent (collectively, "Anti-social Forces"); (ii) the Party or its Concerned Parties do not and will not have any socially disapproved relationship with Anti-Social Forces; (iii) The Party or its Concerned Parties have not supplied any funds or provided any benefits to Anti-Social Forces and have not had any relationship with persons or entities which have supplied any funds or provided any benefits to Anti-Social Forces; (iv) the Party has not let the Anti-Social Forces use its name to enter into an agreement; and (v) the Party will not engage in the following acts against the other Party (which includes such Parties' end-users) by itself or using any third party: (a) make demand using violence; (b) make unjustified demands in excess of legal liability; (c) behave threateningly or act violently in the course of transactions; (d) obstruct the other Party's business or damage the other Party's credibility by spreading false information, or using fraudule...
Sample 1
Liability for Breach of Data Protection Policies. Notwithstanding any other provision of this Agreement, provided that you have taken such steps as are necessary or appropriate to ensure that Private Customer Data is used in accordance with the Act, to the extent permitted under applicable law, EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES DUE TO THE OTHER PARTY'S VIOLATION OR BREACH OF THE ACT OR OF SUCH PARTY'S OWN DATA PROTECTION PRIVACY POLICIES AND DATA SAFEGUARDS.
Sample 1

Related to Liability for Breach of Data Protection Policies

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • Liability for Breach of Contract 1. Any Party who violates the provisions of this Agreement and makes all or part of this Agreement unenforceable, shall be liable for breach of contract and shall compensate the other Party for the losses caused thereby (including the litigation fees and attorney fees caused thereby). If both Parties breach this Agreement, each shall bear the corresponding responsibility according to the actual situations.

  • Liabilities for Breach of Agreement 9.1 In the event any Party failed to perform any of its obligations under this Agreement, or made any untrue or inaccurate representations or warranties, such Party shall be liable for all the losses of other Parties for breach of the Agreement. This Article 9 shall not influence any other right of Party A under this Agreement.

  • Liabilities for Breach of Contract If any Party to this Agreement fails to, according to the provisions of this Agreement, appropriately and fully perform its obligations, such Party shall be liable for breach of contract. Any damages and costs incurred by the non-breaching Party, due to a breach of contract by the breaching Party, shall be paid by the breaching Party to the non-breaching Party.

  • Liability for Breach 10.1 Either Party’s direct or indirect violation of any provisions hereof or failure to assume its obligations hereunder or failure to assume such obligations in a timely and adequate manner shall constitute breach of this Agreement. The non-breaching Party (“Non-Breaching Party”) shall have the right to require the breaching Party (“Breaching Party”) by written notice to redress its breach and take adequate, effective and timely measures to eliminate the consequences of such breach, and indemnify against the losses incurred by the Non-Breaching Party due to the breach of the Breaching Party.

  • Processor’s Liability for Nonperformance In performing the Services, Processor will exercise ordinary care and act in good faith. Processor shall be deemed to have exercised ordinary care if its action or failure to act is in conformity with general banking usages or is otherwise a commercially reasonable practice of the banking industry. Processor’s liability relating to its or its employees’, officers’ or agents’ performance or failure to perform hereunder, or for any other action or inaction of Processor, or its employees, officers or agents, shall be limited exclusively to the lesser of (i) any direct losses which are caused by the failure of Processor, its employees, officers or agents to exercise reasonable care and/or act in good faith, and (ii) the face amount of any item, check, payment or other funds lost or mishandled by the action or inaction of Processor. Under no circumstances will Processor be liable for any general, indirect, special, incidental, punitive or consequential damages or for damages caused, in whole or in part, by the action or inaction of AmeriCredit or the Trustee, whether or not such action or inaction constitutes negligence. Processor will not be liable for any damage, loss, liability or delay caused by accidents, strikes, fire, flood, war, riot, equipment breakdown, electrical or mechanical failure, acts of God or any cause which is reasonably unavoidable or beyond its reasonable control. AmeriCredit agrees that the fees charged by Processor for the performance of this Service shall be deemed to have been established in contemplation of these limitations on Processor’s liability. In addition, AmeriCredit agrees to indemnify and hold Processor harmless from all liability on the part of Processor under this Section 10 except such liability as is attributable to the gross negligence of Processor.

  • Liabilities for Breach 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then:

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the Court shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. INDEMNIFICATION

  • Damages for Breach of Contract In the event of a breach of this Agreement by either the Corporation, Bank or the Executive resulting in damages to another party to this Agreement, that party may recover from the party breaching the Agreement only those damages as set forth herein. In no event shall any party be entitled to the recovery of attorney's fees or costs.

  • Breach Liability 7.1 Subject to provisions under Section 4 of this Agreement, Party B and Party C shall jointly and severally indemnify and hold harmless Party A and any of its shareholders, directors, employees, affiliates, agents, successors and trustees from any claim, harm, expenses, indemnities, liabilities, fines or any other loss or damages arising from:

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