Liability of XXXx. X. Xxxxx & Associates, Ltd.. Xxxx. X. Xxxxx & Associates, Ltd. shall not be responsible or liable for any error of judgement or for any mistake of law or for any costs, expenses, liability, losses or decline in the value of any securities or other assets in the Account unless it is established to have been caused by Xxxx. X. Xxxxx & Associates, Ltd. willful misfeasance or bad faith on the performance of Xxxx. X. Xxxxx & Associates, Ltd. [Agents] duties, or by reason of Xxxx. X. Xxxxx & Associates, Ltd. reckless disregards of its obligation under this agreement, or breach of any statutory duty.
Liability of XXXx. XXXX cannot be held liable for any damage or loss caused by and to the Expert, including any damage or loss to third parties, as a consequence of performing the Contract, except in the event of wilful misconduct or gross negligence on the side of EASO.
Liability of XXXx. XXXx'x liability to the Developer howsoever arising out of or in connection with this Agreement (including under the Leases and whether in contract, negligence or otherwise) shall: in respect of any Losses recoverable by it under any of the insurances required pursuant to Clause 23 (Insurance), be the amount recovered by ESCo under such insurances or that would have been recoverable but for the breach by ESCo of its obligations under Clause 23 (Insurance); [Drafting Note: Parties to consider according to the particular circumstances. Parties to consider what losses they would want to claim for and which of these would be recoverable under insurance policies.] in the case of Loss of or damage to physical property, not exceed [ ] ([ ] pounds Sterling) per incident or series of related incidents; or in the case of all other Losses, not exceed in aggregate [ ] ([ ] pounds Xxxxxxxx). (together the "ESCo Cap on Liability"). ESCo may at any time request an increase in the ESCo Cap on Liability by giving written Notice to the Developer of such increase sought, provided that the ESCo Cap on Liability shall only be increased with the Developer's consent (not to be unreasonably withheld or delayed).
Liability of XXXx. XXXx'x liability to the Landlord howsoever arising out of or in connection with this Agreement (including under the Leases and whether in contract, negligence or otherwise) shall: in respect of any Losses recoverable by it under any of the insurances required pursuant to Clause 16 (Insurance), be the amount recovered by ESCo under such insurances or that would have been recoverable but for the breach by ESCo of its obligations under Clause 16 (Insurance); [Drafting Note: Parties to consider according to the particular circumstances. Parties to consider what losses they would want to claim for and which of these would be recoverable under insurance policies]. in the case of Landlord Property Damage, not exceed [ ● ] ([ ● ] pounds Xxxxxxxx) per incident or series of related incidents; or in the case of all other Losses , not exceed in aggregate [ ● ] ([ ● ] pounds Xxxxxxxx). (together the "ESCo Cap on Liability"). ESCo may at any time request an increase in the ESCo Cap on Liability by giving written Notice to the Landlord of such increase sought, provided that the ESCo Cap on Liability shall only be increased with the Landlord's consent (not to be unreasonably withheld or delayed).
