Liability for supply Sample Clauses

Liability for supply. (a) The Service Provider shall indemnify the User against any Claim by a Customer (who is party to the Deemed Contract) against the User relating to the quality of, or Interruptions to, the Supply by the Service Provider, where the Service Provider would have been liable to that Customer under the Deemed Contract had that Customer claimed against the Service Provider, but only to the extent that the Service Provider would have been liable to that Customer under the Deemed Contract.
Sample 1Sample 2
AutoNDA by SimpleDocs
Liability for supply. The Service Provider shall indemnify the User against any Claim by a Customer (who is party to the Deemed Contract) against the User relating to the quality of, or Interruptions to, the Supply by the Service Provider, where the Service Provider would have been liable to that Customer under the Deemed Contract had that Customer claimed against the Service Provider, but only to the extent that the Service Provider would have been liable to that Customer under the Deemed Contract. The Service Provider shall indemnify the User against any Claim against the User by a Customer for breach by the User of: any guarantee which arises between the User and that Customer under Division 1 of Part 3-2 of the Australian Consumer Law; or implied conditions, warranties or terms (of a type equivalent to the guarantees set out in Division 1 of Part 3-2) implied under State legislation, which Claim arises in respect of the Supply by the Service Provider in relation to that Customer: but only to the extent that the breach of the guarantee, condition, warranty or terms has not occurred as a result of the acts or omissions of the User; and provided that this indemnity will not apply unless each of the following conditions are satisfied: the User has by its conduct and in its Retail Contract with that Customer limited or excluded its liability to that Customer for breach of any guarantee under Division 1 of Part 3-2 of the Australian Consumer Law or implied conditions, warranties or terms (of a type equivalent to the guarantees set out in Division 1 of Part 3-2) implied under State legislation to the maximum extent permitted by the Australian Consumer Law, applicable State legislation and by the Regulatory Instruments; the User has, at the Service Provider’s request, delivered to the Customer any information published by the Service Provider concerning the inherent limitations in the quality and reliability of the Supply; and the User has not agreed to supply to the Customer Distribution Services in excess of the standard of Distribution Services to be supplied by the Service Provider to the User under this Agreement. The indemnities in clauses 13.2(a) and 13.2(b) do not limit any other legal liability of the Service Provider but apply subject to the exclusions provided in sections 213, 233(1) and 233(3) of the GIA and in the Gas Safety Act 1997 and subject to any other exclusions or limitations on liability contained in relevant Regulatory Instruments including without limitation...
Sample 1
Liability for supply. Without limiting any other legal liability of a Distributor, subject to the exclusions provided in section99 of the EI Act and sections 119 and 120 of the National Electricity Law, the Distributor shall indemnify the Retailer against any:
Sample 1

Related to Liability for supply

  • Liability for small claims Nothing in this contract shall affect the application as between the parties of the provisions of the Claims Allocation and Handling Agreement which relate to liability for small claims equal to or below the Threshold (as defined in that agreement).

  • 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. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Liability for defects Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.

  • 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.

  • Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

  • Liability for Charges 5.1 If the Card is lost or stolen or if the PIN is disclosed without authorisation, the Cardholder’s and Cardmember’s liability shall be limited to S$100 only if:

  • NO LIABILITY FOR DAMAGES In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.

  • Liability for Use of Equipment City shall not be liable for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or any of its subcontractors, or by any of their employees, even though such equipment is furnished, rented or loaned by City.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the facility, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!