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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇iiNet: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇INTECK 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇MrPC: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇TPG: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇iiNet: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇UTELECOM: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇iiNet: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇Mr. 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇TPG: (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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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, ▇▇▇▇▇ ▇▇▇▇▇Procision 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 ▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇ 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.