Common use of Liability related to Confidential Information Clause in Contracts

Liability related to Confidential Information. 18.5.1. The Receiving Party(ies) acknowledge(s) and agree(s) that the Disclosing Party(ies) shall have no liability with respect to the use by the Receiving Party of any Confidential Information, unless otherwise expressly agreed in the Agreement or in a separate written and signed agreement between the Disclosing Party(ies) and the Receiving Party(ies), or a subset of them. 18.5.2. The Receiving Party(ies) acknowledge(s) and agree(s) that, in case of a breach by it of any of its confidentiality obligations under the Agreement, the Disclosing Party(ies) shall be entitled to cease immediately the disclosure of any further Confidential Information and the Disclosing Party(ies) shall be entitled to claim compensation from the Receiving Party(ies) for any and all direct losses, damages, charges, reasonable fees or expenses, expected and unexpected, arising out, or resulting from, such breach of the confidentiality obligations under the Agreement. A Receiving Party having breached its confidentiality obligations under the Agreement shall indemnify each Disclosing Party(ies) for proven damage incurred, it being understood however that in no event the total indemnification obligation due by it shall exceed 18.5.3. The Receiving Party(ies) shall hold the Disclosing Party(ies) harmless and indemnify it (them) against any third party claim, directly and exclusively related to a proven breach by a Receiving Party of its confidentiality obligations under the Agreement, subject to the liability limitations as set forth in Article 18.5.2. 18.5.4. The Receiving Party(ies) acknowledge(s) that unauthorised disclosure or use of Confidential Information may cause irreparable harm and significant prejudice to the Disclosing Party(ies). Accordingly, the Receiving Party(ies) agree(s) that any of the Disclosing Parties may seek immediate injunctive relief to enforce obligations under the Agreement in addition to any other rights and remedies it may have by law or contractual arrangement, to the fullest extent permitted by law. 18.5.5. The Receiving Party(ies) other than a TSO, that is not a party to the XBID-MSA, shall hold (a) NEMO(s) that is (are) a party(ies) to the XBID- MSA harmless and indemnify it (them) from and against any claim from the Service Provider resulting from an act or omission relating to a confidentiality breach by a Receiving Party, leading to a payment obligation to the detriment of one or more NEMOs based on liability towards the Service Provider. Such obligation to hold harmless and indemnify shall not be subject to the liability limitation under Article 22, but it shall not exceed the total compensation to be paid by the respective NEMOs to the Service Provider based on the XBID-MSA. For TSOs the provisions of Article 22.7.1. shall apply in this respect.

Liability related to Confidential Information. 18.5.1. The Receiving Party(ies) acknowledge(s) and agree(s) that the Disclosing Party(ies) shall have no liability with respect to the use by the Receiving Party of any Confidential Information, unless otherwise expressly agreed in the Agreement or in a separate written and signed agreement between the Disclosing Party(ies) and the Receiving Party(ies), or a subset of them. 18.5.2. The Receiving Party(ies) acknowledge(s) and agree(s) that, in case of a breach by it of any of its confidentiality obligations under the Agreement, the Disclosing Party(ies) shall be entitled to cease immediately the disclosure of any further Confidential Information and the Disclosing Party(ies) shall be entitled to claim compensation from the Receiving Party(ies) for any and all direct losses, damages, charges, reasonable fees or expenses, expected and unexpected, arising out, or resulting from, such breach of the confidentiality obligations under the Agreement. A Receiving Party having breached its confidentiality obligations under the Agreement shall indemnify each Disclosing Party(ies) for proven damage incurred, it being understood however that in no event the total indemnification obligation due by it shall exceed 18.5.3. The Receiving Party(ies) shall hold the Disclosing Party(ies) harmless and indemnify it (them) against any third party claim, directly and exclusively related to a proven breach by a Receiving Party of its confidentiality obligations under the Agreement, subject to the liability limitations as set forth in Article 18.5.2. 18.5.4. The Receiving Party(ies) acknowledge(s) that unauthorised disclosure or use of Confidential Information may cause irreparable harm and significant prejudice to the Disclosing Party(ies). Accordingly, the Receiving Party(ies) agree(s) that any of the Disclosing Parties may seek immediate injunctive relief to enforce obligations under the Agreement in addition to any other rights and remedies it may have by law or contractual arrangement, to the fullest extent permitted by law. 18.5.5. The Receiving Party(ies) other than a TSO, that is not a party to the XBID-MSA, shall hold (a) NEMO(s) that is (are) a party(ies) to the XBID- MSA harmless and indemnify it (them) from and against any claim from the Service Provider resulting from an act or omission relating to a confidentiality breach by a Receiving Party, leading to a payment obligation to the detriment of one or more NEMOs based on liability towards the Service Provider. Such obligation to hold harmless and indemnify shall not be subject to the liability limitation under Article 22, but it shall not exceed the total compensation to be paid by the respective NEMOs to the Service Provider based on the XBID-MSA. For TSOs the provisions of Article 22.7.1. shall apply in this respect.payment