Liability rules Sample Clauses

Liability rules. 1. Each Party shall be liable to the other Party without limitation for any loss or damage re- sulting from fraud or wilful misconduct in performing its duties and obligations under this Agreement. 2. Each Party shall be liable to the other Party for any Direct Loss incurred resulting from its gross or ordinary negligence in performing its duties and obligations under this Agreement. "Direct Loss", for the purpose of this Agreement, shall mean loss or damage directly caused to the damaged Party as a result of the gross or ordinary negligence of the other Party in performing its duties and obligations under this Agreement. Lost revenues, lost profits, lost savings and reputational damage shall not qualify as Direct Loss; instead they shall qualify as indirect losses. Without prejudice to paragraphs 3 and 9, liability for indi- rect loss and damages not qualifying as Direct Loss is excluded to the extent permitted by German law. 3. The Eurosystem shall also be liable to the Contracting CSD for a claim of a Contracting CSD’s customer against the Contracting CSD in connection with T2S Services (hereinafter a ‘Customer Claim’), resulting from the Eurosystem’s gross or ordinary negligence in per- forming its duties and obligations under this Agreement, if and to the extent that all of the following criteria are satisfied: (a) the Contracting CSD has, with the approval of the Eu- rosystem (such approval shall not be unreasonably withheld or delayed), settled the Cus- tomer Claim or is held legally liable for the Customer Claim pursuant to an Enforceable Judgment; (b) the loss or damage of a customer is the direct result of an act or omission of the Eurosystem and (c) the Customer Claim would have been settled according to local market practice (marktübliche Bedingungen). The Contracting CSD shall reimburse to the Eurosystem a Customer Claim (i) for which the condition(s) outlined above are not ful- filled or are reversed or (ii) which is paid twice on the basis of this Agreement as well as on another basis, such as an insurance policy or through a claim paid by a Central Bank based on the same facts and circumstances. For the avoidance of doubt, no Customer Claim shall be paid directly by the Eurosystem to the Contracting CSD’s customers. 4. Each Party shall be liable to the other Party in proportion of the contribution of its fraud, willful misconduct, gross or ordinary negligence in the loss or damage of the other Party. 5. Without prejudice to paragraph 1, the...
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs
Liability rules. 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property‌ a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to the lessor arising from not meeting his above-mentioned obligations. b) Should the lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of the lessor arising therefrom, also the ones arising out of not being able to lease the machine and equipment any longer. c) Assigning usage to any third party without the prior written consent of xxxxxx qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages must be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt the lessee from his obligation to pay the lease fee. The lessor shall only be held responsible for damages arising from inadequacies of the machine and equipment if the lessee can prove that it was caused by the lessor’s gross negligence or deliberately.‌ e) Following xxxxxx’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair the lessor may forbid the lessee to use the machine, equipment. If the defect can be traced back to the lessee’s improper use or a third party’s conduct, in that case, in addition to compensation for other costs and damages, the lessee’s obligation to pay the lease fee during the repairs sh...
Sample 1See All (6)
Liability rules. 1. Each Party shall be liable to the other Party without limitation for any loss or damage resulting from fraud or wilful misconduct in performing its duties and obligations under this Agreement. 2. Subject to paragraphs 4 and 6, each Party shall be liable to the other Party for any Direct Loss incurred resulting from its gross or ordinary negligence in performing its duties and obligations under this Agreement. "Direct Loss", for the purpose of this Agreement, shall mean loss or damage directly caused to the damaged Party as a result of the gross or ordinary negligence of the other Party in performing its duties and obligations under this Agreement. Lost revenues, lost profits, lost savings and reputational damage shall not qualify as Direct Loss; instead they shall qualify as indi- rect losses. Without prejudice to paragraph 3, liability for indirect loss and damages not qualifying as Direct Loss is excluded to the extent permitted by German law. 3. The Eurosystem shall also be liable to Danmarks Nationalbank for a claim of Xxx- marks Nationalbank’s DCA Holder against Danmarks Nationalbank in connection with T2S Services (hereinafter a ‘Customer Claim’), resulting from the Eurosystem’s gross or ordinary negligence in performing its duties and obligations under this Agreement, if and to the extent that all of the following criteria are satisfied: (a)
Sample 1
Liability rules. ‌ 1. Each Party shall be liable to the other Party without limitation for any loss or damage result- ing from fraud or wilful misconduct in performing its duties and obligations under this Agreement. 2. Subject to paragraphs 4 and 6, each Party shall be liable to the other Party for any Direct Loss incurred resulting from its gross or ordinary negligence in performing its duties and obliga- tions under this Agreement. Without prejudice to paragraph 3, liability for indirect loss and damages not qualifying as Direct Loss is excluded to the extent permitted by German law. 3. The Eurosystem shall also be liable to the [NCB] for a claim of the [NCB’s] DCA Holder against the [NCB] in connection with T2S Services (hereinafter a ‘Customer Claim’), result- ing from the Eurosystem’s gross or ordinary negligence in performing its duties and obliga- tions under this Agreement, if and to the extent that all of the following criteria are satisfied:
Sample 1
Liability rules. In the event of losses incurred in the Operator's property as a result of violations of the Agreement by the Carrier, the Carrier will cover all financial expenses incurred necessary to remove damage to the Operator's property constituting direct consequences of a given violation, as well as provided that the loss is not related to the violation of the Agreement by the Operator. The Parties to the Agreement are not liable for the effects resulting from Force Majeure, which the Parties consider under this Agreement to be such extraordinary and external events that occurred or became known to the Party after concluding the Agreement and which the party could not have foreseen at the time of concluding it, or which the Party could not avoid in any way, which are beyond the Parties' control, but which prevent full performance of the obligations arising from the Agreement. The Parties are responsible for the actions and omissions of their own employees and persons they use to perform the Agreement. The Operator is not responsible for the condition of shipments and vehicles that entered the OIU to perform activities carried out by the Contractor.
Sample 1

Related to Liability rules

  • Safety Rules 5.01 The safety rules of the State having jurisdiction shall be observed by the parties hereto. It is recognized that the Employer has the exclusive responsibility for providing a safe and healthful workplace. To assist the Employer in maintaining an effective and continuing safety program, a permanent Joint Safety Committee shall be established, consisting of two (2) members from the Union and two (2) members from the Employers, who shall meet at regular times to administer educational instructions, investigate serious accidents, and to draft appropriate safety rules. Such rules as adopted by this committee, shall become a part of this Agreement.

  • HIPAA Rules “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

  • Contract Work Hours and Safety Standards Act The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

  • CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

  • Civil Rights Requirements The Recipient agrees that it must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or a federal program, including the Indian Tribe Recipient or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with each civil rights statute, including compliance with equity in service requirements.

  • WORK RULES The State may change or adopt work rules during the term of this Agreement but such changed or adopted work rules shall not be inconsistent with the terms and provisions of this Agreement. Whenever such work rules are to be changed or adopted, they shall be posted on bulletin boards in the appropriate organizational units for seven (7) days before they are to become effective. Simultaneously with such posting a copy of same shall be forwarded to MSEA-SEIU. Upon request by MSEA-SEIU the State will meet and consult with MSEA-SEIU on the proposed changed or new rules.

  • COMPLIANCE WITH WORKERS' COMPENSATION ACT Contractor shall comply with the provisions of the Montana Workers' Compensation Act while performing work for the Department of Montana in accordance with 00-00-000, 00-00-000, and 00-00-000, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither Contractor nor its employees are Department employees. This insurance/exemption must be valid for the entire contract term and any renewal. Upon expiration, a renewal document must be sent to the Department’s Contracts Management Bureau, X.X. Xxx 000000, Xxxxxx, XX 00000.

  • MINIMUM WAGE LAWS 35 A. Pursuant to the United States of America Fair Labor Standards Act of 1938, as amended, and 36 State of California Labor Code, §1178.5, CONTRACTOR shall pay no less than the greater of the 37 federal or California Minimum Wage to all its employees that directly or indirectly provide services 1 pursuant to this Agreement, in any manner whatsoever. CONTRACTOR shall require and verify that 2 all its contractors or other persons providing services pursuant to this Agreement on behalf of 3 CONTRACTOR also pay their employees no less than the greater of the federal or California Minimum 4 Wage.

  • COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph.

  • ARTICLE HEALTH AND SAFETY The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time. Scheduled time spent in such meetings is to be considered time worked for which shall be paid by the Employer at his or her regular or overtime rate. Minutes shall be taken of all meetings and copies shall be sent to the Committee members. Minutes of the meetings shall be posted on the workplace health safety bulletin board. The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify the worker representative. Where an inspector makes an inspection of a workplace under the powers conferred upon or her under the Occupational Health and Safety Act, the employer shall afford a certified committee member representing workers the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Where a worker certified member is not on-site and available, the Employer shall afford a worker health and safety representative if any, or a worker selected by a Union, because of knowledge, experience and training, to represent it, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Two (2) representatives of the Joint Health and Safety Committee, one (I) from management and one (1) from the employees, shall make monthly inspections of the work place and shall report to the health and safety committee the results of their inspection. The members of the Committee who represent the workers shall designate a member representing workers to inspect the workplace. Where possible that member shall be a certified member. The employer shall provide the member with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace. In the event of accident or injury, such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury. Furthermore, such representatives must be notified of the inspection of a government inspector and shall have the right to accompany him on his inspections. Scheduled time spent in all such activities shall be considered as time worked. The Joint Health and Safety Committee and the representatives thereof shall have access to the annual summary of data from the relating to the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupational injuries, and such other data as the may decide to disclose. It is and agreed that no information will be provided to the Committee which is confidential. This information shall be a standing item recorded in the minutes of each meeting. The Union will use its best efforts to obtain the full co-operation of its membership in the compliance of all safety rules and practices. The Employer will use its best efforts to make all affected direct care employees aware of residents who have serious infectious diseases. The nature of the disease need not be disclosed. Employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all employees are aware of the requirement to practice universal precautions in all circumstances. The parties further agree that suitable subjects for discussion at the joint Labour Management Committee will include aggressive residents. The Employer will review with the Joint Occupational Health and Safety Committee written policies to 'address the management of violent behaviour. Such policies will include but not be limited to:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!