Common use of Liability & Indemnity Clause in Contracts

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon request by Xxxxx Xxxxx from time to time, the Customer must immediately provide Chase Telco with a certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco does not warrant that Chase Telco will be able to supply the Service uninterrupted or fault-free; (b) Except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx to achieve a Service Level, Chase Telco is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx Xxxxx: (a) Excludes all conditions and warranties implied into the Agreement; (b) Excludes any liability to the Customer for any indirect, special, or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, loss of data, loss of bargain, damage to reputation, and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, or negligence of Chase Telco or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco limits its liability to the Customer as follows: (a) If the loss or damage arises out of or is related to a failure by Chase Telco to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified in the Service Level Schedule; and (b) In respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement (whether based in contract, tort (including negligence), statutory duty, or otherwise), an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In the aggregate, the amount of Charges received by Xxxxx Xxxxx under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability.

Liability & Indemnity. 14.1 8.1 The Bank and its Representatives shall only be liable for any loss, damage, cost or expense suffered by the Customer as a direct result of its or their gross negligence or willful default. Neither the Bank nor its Representatives are liable for any other direct or indirect loss or damage suffered or incurred by the Customer irrespective of whether the Bank or its Representatives had been advised of the possibility of such loss or damage or arising from a breach of this Agreement. In any event the total aggregate liability of the Bank and its Representatives shall be limited to the Customer Fees paid by the Customer [for that calendar year in which the loss or damage has incurred]. 8.2 The Customer must take outshall be liable for (i) any action taken by any User under this Agreement and for instructions issued by a person to whom information relating to the Entitled Rights and use of the Services has been disclosed by the Customer, its employees or agents, and maintain during (ii) compliance with the term terms of this Agreement and any other instruction given to the Agreement, a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon request Customer by Xxxxx Xxxxx the Bank from time to timetime with respect to the Services. 8.3 The Customer hereby agrees and undertakes to protect, defend, hold harmless, indemnify and keep the Bank fully indemnified of, from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, actions, causes of action, costs and expenses of any kind and nature whatsoever that may be imposed on or asserted against or incurred or suffered or sustained by the Bank or its Representatives directly or indirectly as a result of or in consequence of the (i) Bank's compliance with the Instructions, (ii) the use of the Services by the Customer, or (iii) any breach of the terms of this Agreement by the Customer. 8.4 The Customer also fully and irrevocably waives, releases, discharges and relinquishes the Bank from any and all claims, obligations and rights that the Customer must immediately provide Chase Telco with a certificate of currency in respect of that policymay have against the Bank under the law or otherwise. 14.2 8.5 The Customer acknowledges and agrees that: (a) Chase Telco Bank does not warrant that Chase Telco will be able the information available through the Services is accurate, sufficient or error fee or that such information is current and up to supply date at the Service uninterrupted or fault-free; (b) Except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx to achieve a Service Level, Chase Telco time it is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levelsaccessed. 14.3 To the maximum extent permitted by law, Xxxxx Xxxxx: (a) Excludes all conditions and warranties implied into the Agreement; (b) Excludes any liability to the Customer for any indirect, special, or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, loss of data, loss of bargain, damage to reputation, and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, or negligence of Chase Telco or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco limits its liability to the Customer as follows: (a) If the loss or damage arises out of or is related to a failure by Chase Telco to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified in the Service Level Schedule; and (b) In respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement (whether based in contract, tort (including negligence), statutory duty, or otherwise), an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In the aggregate, the amount of Charges received by Xxxxx Xxxxx under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability.

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx INTECK IT from time to time, the Customer must immediately provide Chase Telco INTECK IT with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco INTECK IT does not warrant that Chase Telco INTECK IT will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx INTECK IT to achieve a Service Level, Chase Telco INTECK IT is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxINTECK IT: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco INTECK IT or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco INTECK IT limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco INTECK IT to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx INTECK IT for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx INTECK IT under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit INTECK IT's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from INTECK IT's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies INTECK IT on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx iiNet from time to time, the Customer must immediately provide Chase Telco iiNet with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco iiNet does not warrant that Chase Telco iiNet will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx iiNet to achieve a Service Level, Chase Telco iiNet is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxiiNet: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco iiNet or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco iiNet limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco iiNet to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx iiNet for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx iiNet under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit iiNet's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from iiNet's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies iiNet on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. ‌ 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx TPG from time to time, the Customer must immediately provide Chase Telco TPG with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco TPG does not warrant that Chase Telco TPG will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx TPG to achieve a Service Level, Chase Telco TPG is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxTPG: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco TPG or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco TPG limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco TPG to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx TPG for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx TPG under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit TPG's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from TPG's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies TPG on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx Mr. Fone from time to time, the Customer must immediately provide Chase Telco Mr. Fone with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco Mr. Fone does not warrant that Chase Telco Mr. Fone will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx Mr. Fone to achieve a Service Level, Chase Telco Mr. Fone is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxMr. Fone: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco Mr. Fone or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco Mr. Fone limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco Mr. Fone to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx Mr. Fone for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx Mr. Fone under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit Mr. Fone 's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from MrPC 's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies Mr. Fone on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx TPG from time to time, the Customer must immediately provide Chase Telco TPG with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco TPG does not warrant that Chase Telco TPG will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx TPG to achieve a Service Level, Chase Telco TPG is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxTPG: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco TPG or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco TPG limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco TPG to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx TPG for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx TPG under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit TPG's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from TPG's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies TPG on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.‌

Liability & Indemnity. ‌ 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx iiNet from time to time, the Customer must immediately provide Chase Telco iiNet with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco iiNet does not warrant that Chase Telco iiNet will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx iiNet to achieve a Service Level, Chase Telco iiNet is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxiiNet: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco iiNet or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco iiNet limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco iiNet to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx iiNet for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx iiNet under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit iiNet's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from iiNet's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies iiNet on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. ‌ 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx Procision Pty Ltd from time to time, the Customer must immediately provide Chase Telco Procision Pty Ltd with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco Procision Pty Ltd does not warrant that Chase Telco Procision Pty Ltd will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx Procision Pty Ltd to achieve a Service Level, Chase Telco Procision Pty Ltd is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxProcision Pty Ltd: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco Procision Pty Ltd or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco Procision Pty Ltd limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco Procision Pty Ltd to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx Procision Pty Ltd for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx Procision Pty Ltd under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit TPG's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from TPG's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies Procision Pty Ltd on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx MrPC from time to time, the Customer must immediately provide Chase Telco MrPC with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco MrPC does not warrant that Chase Telco MrPC will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx MrPC to achieve a Service Level, Chase Telco MrPC is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxMrPC: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco MrPC or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco MrPC limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco MrPC to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx MrPC for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx MrPC under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit MrPC 's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from MrPC 's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies MrPC on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 18.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx the Supplier from time to time, the Customer must immediately provide Chase Telco the Supplier with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco does not warrant that Chase Telco will be able to supply the Service uninterrupted or fault-free; (b) Except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx to achieve a Service Level, Chase Telco is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 18.2 To the maximum extent permitted by law, Xxxxx Xxxxxthe Supplier: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco the Supplier or otherwise. 14.4 18.3 Subject to clauses 14.2 and 14.3clause 18.2, Chase Telco the Supplier limits its liability to the Customer as follows: (a) If the loss or damage arises out of or is related to a failure by Chase Telco to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified in the Service Level Schedule; and (b) In respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx the Supplier for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx the Supplier under the Agreement. 14.5 18.4 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 18.5 Nothing in this clause 18 is intended to limit the Supplier's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from the Supplier's negligent acts or omissions arising under the Agreement. 18.6 The Customer indemnifies the Supplier on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 19.1 The Customer must take out, and maintain during the term of the Agreement, this Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx the Supplier from time to time, the Customer must immediately provide Chase Telco the Supplier with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco does not warrant that Chase Telco will be able to supply the Service uninterrupted or fault-free; (b) Except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx to achieve a Service Level, Chase Telco is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 19.2 To the maximum extent permitted by law, Xxxxx Xxxxx: (a) Excludes the Supplier excludes all conditions and warranties implied into the this Agreement;; and (b) Excludes the parties exclude any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) loss arising out of the this Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco the other party or otherwise. 14.4 19.3 Subject to clauses 14.2 and 14.3clause 19.2, Chase Telco the Supplier limits its liability to the Customer as follows: (a) If the loss or damage arises out of or is related to a failure by Chase Telco to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified in the Service Level Schedule; and (b) In respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement this Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) to an amount which is: (ia) in respect of any particular service, 50% of the Charges received by Xxxxx Xxxxx the Supplier for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (iib) In in respect of any other liability, in the aggregate, the amount of Charges received by Xxxxx Xxxxx the Supplier under the this Agreement. 14.5 19.4 Each party’s liability under the this Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 19.5 Nothing in this clause 19 is intended to limit the Supplier's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from the Supplier's negligent acts or omissions arising under this Agreement. 19.6 The Customer indemnifies the Supplier on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. ‌ 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx iiNet from time to time, the Customer must immediately provide Chase Telco iiNet with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco iiNet does not warrant that Chase Telco iiNet will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx iiNet to achieve a Service Level, Chase Telco iiNet is not liable to the Customer or any other person for any failure for any reason to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxiiNet: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco iiNet or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco iiNet limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco iiNet to meet Service Levels set out in the Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx iiNet for the Service for the 12 months preceding the event giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx iiNet under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit iiNet's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from iiNet's negligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies iiNet on demand against any claim or liability arising from the Customer’s acts or omissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.‌

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the Agreement, Agreement a valid and enforceable public liability insurance policy that provides coverage of at least $20 million per occurrence. Upon occurrence and on request by Xxxxx Xxxxx from UTELECOMfrom time to time, the Customer must immediately provide Chase Telco UTELECOM with a certificate certificate of currency in respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco UTELECOM does not warrant that Chase Telco UTELECOM will be able to supply the Service uninterrupted or fault-fault free; (b) Except except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx UTELECOM to achieve a Service Level, Chase Telco UTELECOM is not liable to the Customer or any other person for any failure for any reason to supply tosupply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx XxxxxUTELECOM: (a) Excludes excludes all conditions and warranties implied into the Agreement; (b) Excludes excludes any liability to the Customer for any indirect, special, special or consequential loss, costs, or damage (including, but not limited to, loss of profitsprofits, loss of revenue, loss of data, loss of bargain, damage to reputation, reputation and expectation loss) arising out of the Agreement, whether arising as a result of any act, omission, omission or negligence of Chase Telco UTELECOM or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco UTELECOM limits its liability to the Customer as follows: (a) If if the loss or damage arises out of or is related to a failure by Chase Telco UTELECOM to meet Service Levels set out in the inthe Service Level Schedule, the compensation or other remedy specified specified in the Service Level Schedule; and (b) In in respect of any liability which is not otherwise limited and which may arise out of or in connection with the Agreement Agreement, (whether based in contract, tort (including negligence), ) statutory duty, duty or otherwise), ) an amount which is: (i) 50% of the Charges received by Xxxxx Xxxxx UTELECOM for the Service for the 12 months preceding the event theevent giving rise to the liability for each event or series of connected events; and (ii) In in the aggregate, the amount of Charges received by Xxxxx Xxxxx UTELECOM under the Agreement. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability. 14.6 Nothing in this clause 14 is intended to limit UTELECOM's liability for claims relating to personal injury (including sickness, death or disability) of the Customer or the Customer’s employees directly resulting from UTELECOM'snegligent acts or omissions arising under the Agreement. 14.7 The Customer indemnifies UTELECOM on demand against any claim or liability arising from the Customer’s acts oromissions, or the acts or omissions of a third party acting on the Customer’s behalf or engaged by the Customer in any capacity, relating to the use of the Service.

Liability & Indemnity. 14.1 The Customer must take out, and maintain during the term of the 9.1 Except as expressly set-out in this Agreement, a valid Tiger Spider provides the Services on an “as is” basis and enforceable public excludes any and all warranties, representations, implied terms and/or liability insurance policy that provides coverage of at least $20 million per occurrence. Upon request by Xxxxx Xxxxx from time to time, arising in connection with the Customer must immediately provide Chase Telco with a certificate of currency in Services or this Agreement. 9.2 In respect of that policy. 14.2 The Customer acknowledges and agrees that: (a) Chase Telco does any liability of Tiger Spider which cannot warrant that Chase Telco will be able to supply the Service uninterrupted or fault-free; (b) Except for any rebate that must be paid as a result of a failure by Xxxxx Xxxxx to achieve a Service Levelexcluded in accordance with clause 9.1, Chase Telco is not liable Tiger Spider limits its liability to the Customer or any other person for any failure for any reason (to supply the Service in accordance with the Service Levels. 14.3 To the maximum extent permitted by law, Xxxxx Xxxxx:): (a) Excludes all conditions and warranties implied into under any applicable consumer guarantees in the Agreement; (b) Excludes any liability Australian Consumer Law in relation to the Customer for any indirect, special, or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, loss of data, loss of bargain, damage to reputation, and expectation loss) arising out supply of the AgreementServices to either, whether arising as a result of any act, omission, or negligence of Chase Telco or otherwise. 14.4 Subject to clauses 14.2 and 14.3, Chase Telco limits its liability to the Customer as follows: (a) If the loss or damage arises out of or is related to a failure by Chase Telco to meet Service Levels set out in the Service Level Scheduleat Tiger Spider’s discretion, the compensation supply of the relevant Services again or other remedy specified in the Service Level Schedulepayment of the cost of having those Services supplied again; and (b) In respect for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of an applicable consumer guarantee (regardless of how that liability which is not otherwise limited caused), arising under this Agreement or related to any Services, in aggregate to the total Fees paid by the Customer for the relevant Services. 9.3 The Customer continuously indemnifies Tiger Spider, and which may arise out of its directors, employees, agents, for and against any loss, damage, cost, or claim (including in negligence) incurred by Tiger Spider arising from or in connection with the Customer’s breach of this Agreement or any relevant law. 9.4 Neither party will be liable for any consequential, collateral, special, incidental, indirect, exemplary or punitive damages, including, without limitation, loss of profits or revenue, loss of opportunity or loss or destruction of data, costs of cover, costs of delay, however 10.1 A party must not commence court proceedings in relation to a dispute until it has exhausted the procedures in this clause 10, unless the party seeks urgent injunctive or interlocutory relief. 10.2 If a dispute arises between the parties, either party may give notice of the dispute (whether based in contract, tort (including negligence), statutory duty, or otherwise), an amount which isDispute Notice) to the other party. If a Dispute Notice is given: (ia) 50% the Customer’s representative and Tiger Spider’s representative must negotiate as soon as possible in an effort to resolve the dispute; (b) if the dispute is not resolved within 7 days of the Charges received by Xxxxx Xxxxx for Dispute Notice being given, the Service for Managing Directors (or equivalent) of the 12 months preceding parties must meet to resolve the event giving rise to the liability for each event or series of connected eventsdispute within 14 days; and (iic) In if the aggregatedispute is not resolved within 21 days of the Dispute Notice being given, the amount parties will instruct the President of Charges received the Law Institute of Victoria to appoint an independent mediator to resolve the dispute by Xxxxx Xxxxx under mediation and the Agreementparties must participate in the mediation in good faith and equally share the costs of the mediation. 14.5 Each party’s liability under the Agreement is diminished to the extent that the other party’s acts or omissions contribute to or cause the loss or liability.