Liability towards the Commission. Public bodies shall be responsible, in accordance with the Rules of Participation and the EC Contract, for their own debts only. Notwithstanding any collective liability of the Contractors which may exist towards the Commission, each Contractor, except public bodies, shall be liable towards the other Contractors for any losses or damages suffered by the Commission, as a consequence of any failure to perform all or part of its obligations under the EC Contract or under this Consortium Agreement. Accordingly, should the Commission, in accordance with the provisions of the EC Contract, claim any reimbursement, indemnity or payment of damages from one or more Contractors, the Contractors other than public bodies agree that: each Contractor whose failure has caused or contributed to cause such claim shall indemnify each of the other Contractors against such claim, provided always that the total and cumulative limit of liability of that Contractor towards all the other Contractors collectively, in respect of any and all such claims shall not exceed twice the contribution it is entitled to receive as per the EC Contract; After payment of the Commission, any excess shall be apportioned between all the Contractors having suffered damages from the failure of the Defaulting Contractor(s), proportionally to the part of the EC contribution they have received; and in the event it is not possible to attribute the failure to any Contractor under (i), the amount claimed by the Commission shall be apportioned among all the Contractors, except public bodies, proportionally to the contribution they are entitled to receive.
Liability towards the Commission. Each Beneficiary shall be liable for any losses or damages suffered by the Commission, as a consequence of any failure to perform all or part of its obligations under the Grant Agreement or under this Consortium Agreement. Should the Commission, in accordance with the provisions of the Grant Agreement, claim any reimbursement, indemnity or payment of damages from one or more Beneficiaries, the Beneficiaries agree that:
i. each Beneficiary whose default has caused or contributed to cause such claim shall indemnify each of the other Beneficiaries against such claim.
Liability towards the Commission. Notwithstanding any joint and several liability of the Contractors which may exist towards the Commission, each Contractor shall be liable towards the others for any losses or damages suffered by the Commission, as a consequence of any failure to perform the whole or part of its obligations under the Contract or under this Consortium Agreement. Accordingly, should the Commission, in accordance with the provisions of the Contract, claim any reimbursement, indemnity or payment of damages from one or more Contractors (except for claims relating to the matters mentioned in the Commission contractual rules, Annex II – General Conditions - Part D, Article II.30 2 (a) and Article II.31 1, which claims shall be solely for the account of the relevant Contractor(s) or where the claim from the Commission is issued only against a part of the Contractor), the Contractors agree that :
i. each Contractor which default has caused or contributed to cause such claim shall indemnify each of the other Contractors against such claim, provided always that the total and cumulative limit of liability of that Contractor towards all the other Contractors collectively, in respect of any and all such claims shall not exceed twice the amount of that Contractor’s Project Share (i.e. its part of the Community financial contribution as per the Contract ). Any excess shall therefore be apportioned between all the Contractors including the Defaulting Contractor(s) pro rata to their Project Shares; and
ii. in the event it is not possible to attribute the default to any Contractor under (i), the amount claimed by the Commission shall be apportioned between all the Contractors prorata their Project Shares.
Liability towards the Commission. Notwithstanding any joint and several liabilities of the Parties whose may exist towards the Commission, each Party shall be liable towards the others for any losses or damages suffered by the Commission, as a consequence of any failure to perform the whole or part of its obligations under the Contract or under this Consortium Agreement. Accordingly, should the Commission, in accordance with the provisions of the Contract, claim any reimbursement, indemnity or payment of damages from one or more Parties (except for claims relating to the matters mentioned in the Commission contractual rules, Xxxxx XX – General Conditions - Part A, Section 2, Article II.15, 5 (b), 5 (g) and Article II.16, 1 and 2, and any reimbursement due by a Party under Xxxxx XX – General Conditions - Part B, Section 2; II.31), which claims shall be solely for the account of the relevant Party(ies) or where the claim from the Commission is issued only against a part of the Party), the Parties agree that : each Party whose default has caused or contributed to cause such claim shall indemnify each of the other Parties against such claim, provided always that the total and cumulative limit of liability of that Party towards all the other Parties collectively, in respect of any and all such claims shall not exceed twice the amount of that Party’s Project Share (defined as its part of the Community financial contribution as per the Contract). Any excess shall therefore be apportioned between all the Parties including the Defaulting Party(ies) pro rata to their Project Shares (as defined above); and in the event it is not possible to attribute the default to any Party under (i), the amount claimed by the Commission shall be apportioned between all the Parties prorata their Project Shares.
