Liability regime Sample Clauses

Liability regime. 1. In performing their obligations pursuant to these Conditions, the NBB and the participants shall be bound by a general duty of reasonable care in relation to each other. 2. The NBB shall be liable to its participants in cases of fraud (including but not limited to wilful misconduct) or gross negligence, for any loss arising out of the operation of TARGET-BE. In cases of ordinary negligence, the NBB’s liability shall be limited to the participant’s direct loss, i.e. the amount of the transaction in question and/or the loss of interest thereon, excluding any consequential loss. 3. The NBB shall not be liable for any loss that results from any malfunction or failure in the technical infrastructure (including but not limited to the NBB’s computer infrastructure, programmes, data, applications or networks), if such malfunction or failure arises in spite of the NBB having adopted those measures that are reasonably necessary to protect such infrastructure against malfunction or failure, and to resolve the consequences of such malfunction or failure (the latter including but not limited to initiating and completing the business continuity and contingency procedures referred to in Appendix IV). 4. The NBB shall not be liable: (a) to the extent that the loss is caused by the participant; or (b) if the loss arises out of external events beyond the NBB’s reasonable control (force majeure). 5. Notwithstanding the provisions of Book VII “Payment and credit services” of the Belgian Code of Economic law, paragraphs 1 to 4 shall apply to the extent that the NBB’s liability can be excluded. 6. The NBB and the participants shall take all reasonable and practicable steps to mitigate any damage or loss referred to in this Article. 7. In performing some or all of its obligations under these Conditions, the NBB may commission third parties in its own name, particularly telecommunications or other network providers or other entities, if this is necessary to meet the NBB’s obligations or is standard market practice. The NBB’s obligation shall be limited to the due selection and commissioning of any such third parties and the NBB’s liability shall be limited accordingly. For the purposes of this paragraph, the Level 3 NCBs shall not be considered as third parties.

Liability regime. The historical rules that applied to contracts of carriage culminated in the formulation of the Rotterdam Rules, which were adopted by the United Nations Commission on International Trade Law in December 2008. These rules increased the carrier’s liability and extended the time period for bringing a claim. The practical affects of various applications of different liability rules and the formulation of standard clauses between stakeholders has led to a situation where the rules of liability in relation to the international carriage of goods have become fragmented and uncertain and has led to litigation. The liability regime is important to the establishment of the network system, as it is vital that all network partners operate the same regime. The contract as between the network partners and the network management and the contracts that exist between the various network partners will need to contain a standard set of liability clauses. Indeed should a network need to engage with another network, then both networks need to use the same liability rules; otherwise there may be a shortfall in compensation which would need to be picked up by the contracting network or their insurance company. In addition to the use of varying conventions in relation to liability, many stakeholders use generic clauses in relation to liability in order to govern liability issues. This gives rise to a number of difficulties. The negotiations in relation to liability clauses may not take place on an equal basis, usually due to the financial or geographical strength of one or more of the parties. In the new Rotterdam Rules, for example, the term “maritime performing parties” is used and therefore the port or terminal may now be incorporated into the liability regime of the carrier. These rules therefore would not suit the port and in such circumstances the port would seek to exclude the Rotterdam rules as the applicable rules of the contract between the network parties. This could give rise to a situation where the networks would not benefit the smaller partners within the networks and would therefore undermine the effectiveness and viability of the network system. When looking at the different liability regimes for the different modes of transport, there is a variation between the liability rules in respect of the limits of time within which to bring a claim, and in particular, in relation to the amount that can be claimed. Again, the lack of a uniform liability regime for all mode...

Liability regime confirmation of the services requested by the traveller. The procedures for accessing the guarantee and the terms for filing a claim for reimbursement of sums granted is inadequate. If no alternative solution is possible, i.e. the solution provided The organiser shall be liable for any damage caused to the traveller as a result of paid are indicated on the website of the FILO DIRETTO PROTECTION website at by the organiser is refused by the traveller because it does not compare with what is total or partial non-performance of the contractual services due, whether the same xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxx.xx/, as a legal entity to which ITALIANROOM SRL agreed in the contract or because the price reduction granted is inadequate, the are carried out by him personally or by third party service providers, unless he aderes. In order to avoid forfeiture, we recommend that you keep in mind the organiser shall provide, without any surcharge, a means of transport equivalent to proves that the event was caused by the traveller's actions (including independent deadlines for submission of applications. It is understood that the expiry of the period the original means of transport provided for the return to the place of departure or to initiatives taken by the latter during the execution of the tourist services) or by the fact due to the impossibility of filing the application and not to the inertia of the traveller, any other place agreed upon, subject to the availability of means and places, and of a third party of an unforeseeable or inevitable nature, by circumstances unrelated allows the remission within the same period shall refund it to the extent of the difference between the cost of the pre-seen to the provision of the services provided for in the contract, by chance, by force 21. OPERATIONAL CHANGES services and that of the services provided up to thetime of early return.

Liability regime. The organizer is liable for damages caused to the tourist due to the total or partial non-fulfilment of the contractually owed services, whether these are performed by him personally or by third party service providers, unless he proves that the event is derived from a fact of the tourist (including initiatives autonomously undertaken by the latter during the execution of the tourist services) or by an unpredictable or inevitable fact by a third party, by circumstances unrelated to the provision of the services provided for in the contract, by chance, by force greater, or from circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. The compensation referred to in Articles 44, 45 and 47 of the Tourism Code and related limitation periods, are governed by the provisions therein and in any case within the limits established, by the CCV, by the International Conventions governing the services that form the object of the tourist package as well as by articles 1783 and 1784 of the civil code, with the exception of personal injury not subject to a fixed limit.

Liability regime. All matters not provided for in this Agreement in connection with the Seller’s liability to the Buyer, shall be subject to the provisions of the Spanish Civil Code.

Liability regime. The liability of each of the Sellers under this Agreement shall be several (mancomunada) and not joint and several (solidaria).

Liability regime. 30.1 A Contracting State shall compensate any damage as referred to in paragraph 4 when this damage: a. has occurred in the airspace over its territory or under its responsibility according to ICAO rules, and b. has been caused by the fault of any air traffic service provider designated in accordance with Article 12 or that of its agents or any other person acting on its behalf other than the provider whose principal place of operation is located on the territory of the Contracting State concerned. The air traffic service provider mentioned in b) shall hereinafter be referred to as the effective air traffic service provider.

Liability regime. The Bank shall not be liable for any act, failure or omission in the performance of its obligations under this Agreement, nor for the consequences of such act, failure or omission and shall therefore not be liable to the Participant for any losses, costs, claims or other damages suffered or incurred by the Participant as a consequence of its connection to the System, unless such act, failure or omission was caused by the gross negligence or willful misconduct of the Bank or one of its agents. In the latter case, the Bank shall only indemnify the Participant for its direct damage (at the exclusion of any indirect or consequential damage) up to a maximum amount that shall be determined by the Bank from time to time, provided that the Participant positively demonstrates that the conditions of liability of the Bank are met and addresses a written request to the Bank to this effect within eight (8) calendar days of the occurrence of the act, failure or omission giving rise to such liability.

Liability regime. The Transferors, Corinpa, the Acquirer and PGI shall keep each other harmless and shall indemnify each other for any damages, losses, harm, costs or expenses of any kind (“Damages”), in accordance with the provisions of the Spanish Civil Code regarding the compensation for damages and the relevant case law, whether they arise from claims, actions, obligations, fines, penalties or any other kind of liability whatsoever giving rise to such Damages, which either the Transferors or the Acquirer may actually suffer pursuant to any of the indemnification events described under Clauses 6.1.1 and Clause 6.1.2 below (the “Indemnification Events”), within the limits herein agreed. With regard to the Transferors liability, the sale of the Business has been agreed as a going concern. Therefore, article 1,532 of the Spanish Civil Code shall apply, although this does not prejudice the specific Transferors’ liability regime agreed between the Parties in this Agreement.

Liability regime. The Parties agree that the Sellers will be individually liable, in proportion to the Shares sold and transferred by each of them, and undertake to indemnify the Buyer, for the full amount of: (i) any damage, injury, loss, loss of property, debt, hidden liability, liability, claim, obligation, deficiency, fine or penalty, cost or expense which may be suffered by the Buyer or the Company as a result of any breach, inaccuracy, untruthfulness and/or misstatement, or failure of the Sellers to disclose or communicate in relation to any of the Sellers’ Representations and Warranties; of (ii) any damage or liability, liability or contingency for tax, labour and social security matters or otherwise, whether for claims of a civil, commercial, labour, administrative or any other kind, defect, fact or circumstance against the Buyer or the Company, arising out of any activity, action or omission of the Sellers or the Company occurring prior to the Closing Date, or for actions or omissions which, although occurring after such date, arise out of an action or omission prior thereto, whether known or not to the Buyer (because they have been manifested in the Material Sellers' Representations of by any other means); and of the (iii) breach of any obligations under this Agreement (hereinafter, any of them, the “Damages”). The following items are excluded from the definition of Damages and, therefore, the Sellers shall not be liable in respect thereof: (i) Indirect damages, loss of profit, moral or reputational damage; (ii) damages or claims to the extent they arise out of, or are otherwise attributable to, any change in any legislation or law, published administrative rule, regulatory practice, administrative tax doctrine and/or any change in tax rates subsequent to the Closing Date; (iii) in those cases in which the liability had its origin in facts, events or actions occurring after the Closing Date, unless they derive from situations, facts or omissions prior to the Closing Date; (iv) in cases where the Damage is covered by an insurance policy, provided that (i) the Company and/or the Buyer has collected the relevant indemnity within the maximum period provided by applicable law and (ii) the amount of the indemnity covers the full amount of the Damage; (v) in cases where Damages could be recovered from third parties by way of recovery provided that (i) the Company and/or the Buyer has collected the relevant indemnity within a maximum period of 12 months and (ii) the amoun...