Liability of the Principal. (a) In consideration of the Support to be provided by EDC under the Small Bonds Facility pursuant to the Amended and Restated Facility Agreement, the Principal hereby unconditionally and irrevocably agrees to indemnify EDC, against all claims and demands made against EDC under or with respect to the EDC Support Agreements executed with respect to the Small Bonds Facility, including any amount that EDC pays under such EDC Support Agreements, and against all costs (including the costs of enforcing the indemnity under this Section 2(a)), expenses and damages incurred by EDC, directly or indirectly, and arising or resulting from such claims or demands. The Principal also agrees, as part of its indemnification obligations under this Section 2(a), to pay interest to EDC at Libor plus such margin per annum as is separately agreed in writing by EDC and the Principal on any amount for which indemnification is to be provided under this Section 2(a) (including the said costs and expenses), such interest to accrue from the date of demand by EDC to the date of payment both before and after demand and judgment.
Liability of the Principal. As a rule, the Principal shall be liable for damage insofar as the other prerequisites for a claim are given if the Princi- pal is culpable of intent or gross negligence. In the case of simple negligence, the Principal shall be liable in the case of violation of an obligation whose fulfillment makes proper performance of the contract at all possible and compliance with which the respective other contracting party may rely on (also known as cardinal obligation). In all other respects, liability for compensation for damages of any kind whatsoever, regardless of the basis for a claim – including violation of mutual confidence in the preparation of the contract – shall be excluded. In the case of slight negligence, the Princi- pal’s liability shall be limited to typically foreseeable damage, the occurrence of which the Principal should have antici- pated in accordance with the circumstances known to the Principal upon conclusion of the contract. Furthermore, lia- bility for consequential damages, including but not limited to lost profits, is excluded. Insofar as a warranty has been assumed, the above exclusions of and limitations on liability shall not apply for damages which are to be paid in ac- cordance with product liability law as well as damages for fatal injury, personal injury, and damage to health.
Liability of the Principal. 6.1. The Principal is liable for any damage and costs caused by him and all persons for who he is responsible such as employees, affiliates, agents, representatives and/or subcontractors, and/or goods subject to the Logistic Service Agreement.
Liability of the Principal. The Principal bears all consequences of claims due to excessive nuisance on the basis of article 544 old Civil Code / article 3.101 Civil Code and can under no circumstances hold the Service Provider liable or claim compensation. The Principal shall be liable for all errors, defects, imperfections, miscalculations, wrong assumptions, omissions, delays and other contractual defaults attributable to it. The Principal shall fully compensate all damages and all other adverse consequences, foreseeable or unforeseeable, suffered or experienced by the Service Provider or third parties and based directly or indirectly on such errors, defects, inadequacies, miscalculations, omissions, negligence, delays and other contractual defaults. The Principal also waives all claims against the Service Provider for standstill or reduced productivity, among other things due to force majeure, and in any case due to: • storm, wind, fog. • lightning strike. • flooding, high or low water. • frost, freezing, icing. • (danger of) (civil) war, hostilities, invasion, act of foreign enemies, major military operations and mobilization. • insurrection, rebellion and revolution, military or usurped power, act of terror, sabotage or piracy. • monetary and commercial restriction, embargo, sanction. • government measures. • riots, sabotage, strikes, lockouts. • traffic disturbances. • lack of manpower. • quarantine, epidemic, pandemic, illness of operational personnel. • fire, explosion. • subsidence, collapse, flooding. • closure or delay at border posts, delay in stations or toll services. • defects in the Equipment. • theft, vandalism, acts of third parties. This list is not exhaustive. The temporary suspension of the work due to force majeure entails that the originally planned execution period is extended by the period equal to the suspension period, plus the time required to restart the work. The destruction or damage of the work performed due to coincidence or force majeure, or as a result of the own fault of the Principal or persons or parties for whom it is responsible, shall never be the responsibility of the Service Provider.
Liability of the Principal. The Principal bears all consequences of claims due to excessive nuisance on the basis of article 544 old Civil Code / article 3.101 Civil Code and can under no circumstances hold the Service Provider liable or claim compensation. The Principal shall be liable for all errors, defects, imperfections, miscalculations, wrong assumptions, omissions, delays and other contractual defaults attributable to it. The Principal shall fully compensate all damages and all other adverse consequences, foreseeable or unforeseeable, suffered or experienced by the Service Provider or third parties and based directly or indirectly on such errors, defects, inadequacies, miscalculations, omissions, negligence, delays and other contractual defaults. The Principal also waives all claims against the Service Provider for standstill or reduced productivity, among other things due to force majeure, and in any case due to: • storm, wind, fog. • lightning strike. • flooding, high or low water. • frost, freezing, icing. • (danger of) (civil) war, hostilities, invasion, act of foreign enemies, major military operations and mobilization. • insurrection, rebellion and revolution, military or usurped power, act of terror, sabotage or piracy. • monetary and commercial restriction, embargo, sanction. • government measures. • riots, sabotage, strikes, lockouts. • traffic disturbances. • lack of manpower. • quarantine, epidemic, pandemic, illness of operational personnel. • fire, explosion. services. • defects in the Equipment. • theft, vandalism, acts of third parties. This list is not exhaustive.
