Liability for Loss of Data Sample Clauses

Liability for Loss of Data. In the event of loss of any data or records necessary for the performance of this Contract where such loss is due to the error or negligence of the Contractor, the Contractor shall be responsible, irrespective of cost to the Contractor, for recreating such lost data or records.
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Liability for Loss of Data. In case of a loss of data caused by OT, OT is exclusively liable for the costs of reconstructing saved data that would also have been lost if backup copies had been made at appropriate intervals. The Licensee is responsible for regularly backing up its data. Any failure to fulfill this obligation will be deemed contributory negligence.
Liability for Loss of Data. In case of a loss of data caused by OT, OT is exclusively liable for the costs of
Liability for Loss of Data. 14.1 Either party will be responsible or bear the risk of any error or loss of data, information, transactions or other losses that may be because of the failure in the computer system or third party communications provider on which both parties rely. The Bank shall not have any liability for any damage or loss, consequential or direct which is incurred by use of the Customer’s mobile device or computer (virus or otherwise).
Liability for Loss of Data. In the event of loss of any data or record necessary for the performance of this Agreement where such loss is due to gross negligence of the Contractor, the Contractor shall be responsible, irrespective of the cost to the Contractor, for the re-creation of such lost data or records. BCPS shall be the sole judge as to whether the lost records have been re- created accurately and completely.
Liability for Loss of Data. In the event of loss of any data or records necessary for the performance of the Agreement where such loss is due to the negligence of the Customer, the Customer shall be responsible, irrespective of cost to the Customer, for recreating such lost data or records.
Liability for Loss of Data. When computer services are used to complete the work for the engagement, the Department shall maintain adequate supporting material or copies to enable Contractor to regenerate card files, tape files, printer outputs and other data furnished to Contractor by the State. In the event of loss of such Department supplied data due to machine failure or negligence of Contractor or its personnel, Contractor shall be liable for such loss and shall replace or regenerate the lost data from the State's supporting material by the methods or means deemed most suitable as agreed between the parties.
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Liability for Loss of Data. Whereas CONSULTANT may setup and perform data backups on behalf of CLIENT, and whereas during the performing of services hereunder data may be changed or harmed, and whereas CONSULTANT may attempt to recover data damaged or lost on various computer or related equipment, CLIENT acknowledges that CLIENT is solely responsible for the integrity, reliability and security of its own data and equipment. Furthermore CLIENT is solely responsible for the comprehensiveness, in- tegrity, reliability and security of data backups. XXXXXX agrees to indemnify, defend and hold harmless CONSULTANT against any and all loss of data stored on any computer or related equipment owned by CLIENT, including any and all loss of data backups, as the result of services performed hereunder.

Related to Liability for Loss of Data

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • DISCLAIMER OF DAMAGES IN NO EVENT SHALL ST AND ITS AFFILIATES BE LIABLE TO THE LICENSEE AND ITS CUSTOMERS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, LOSS OF BARGAIN OR OPPORTUNITY, PROFESSIONAL FEES OR EXPENSES, BUSINESS INTERRUPTION, LOST REVENUES OR SALES, DAMAGE TO PRODUCT OR EQUIPMENT OR TO FACILITIES, COSTS OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, REWORK CHARGES, COSTS ASSOCIATED WITH DOWN TIME, LOSS OF GOODWILL, LOSS OF DATA OR FOR ANY DAMAGES COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF LICENSEE HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH THIS PLLA. ST AND ITS AFFILIATES AGGREGATE AND CUMULATIVE LIABILITY UNDER THIS PLLA SHALL NOT EXCEED 100 USD (ONE HUNDRED USD). THE LIMITATIONS SET FORTH IN THIS ARTICLE 8 SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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