Common use of LIMITATION OF LIABILITY AND INSURANCE Clause in Contracts

LIMITATION OF LIABILITY AND INSURANCE. 15.1 Notwithstanding anything to the contrary in this Agreement, Fujitsu's liability to the Supplier for any loss, damage, costs, claims or expenses suffered by the Supplier under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of liability arising from death or injury to persons as a result of any act or omission of Fujitsu which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of Fujitsu or of the acts, omissions or frauds of others for whom Fujitsu is at law responsible, there shall be no limit; (b) in respect of any other liability Fujitsu's aggregate liability shall in no circumstances exceed the Charges for the Supplies in respect of which the claim arises; provided always that Fujitsu’s total aggregate liability for all such claims arising in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to and in no circumstances exceed £1,000,000. 15.2 The Supplier’s liability to Fujitsu for any loss, damage, costs, claims or expenses suffered by Fujitsu under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of breach of Clause 2.5 (Data Protection), Clause 2.7 (Anti-Bribery Compliance), Clause 2.8 (Conflicts of Interest), Clause 10 (Intellectual Property Rights and Indemnity) and Clause 14 (Confidentiality) or any indemnity set out in this Agreement or liability arising from death or injury to persons as a result of any act or omission of the Supplier, which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of the Supplier or of the acts, omissions or frauds of others for whom the Supplier is at law responsible, there shall be no limit; (b) in the case of fines from regulators resulting from a breach of this Agreement by the Supplier, and/or any legal fees, administration and management time incurred directly or indirectly by Fujitsu and/or its Associated Companies in dealing with such regulatory investigations, there shall be no limit; (c) in respect of any other liability the Supplier’s aggregate liability shall in no circumstances exceed three (3) times the Charges paid or payable under the Agreement or £1,000,000, whichever is greater. 15.3 Notwithstanding any other provision of this Clause 15, for the purposes of this Agreement, losses for which the Supplier assumes responsibility and which shall be recoverable by the Fujitsu, shall include, but not be limited to, the following: (a) monies paid by Fujitsu to the Supplier pursuant to this Agreement, in respect of any Supplies not provided in accordance with the terms of this Agreement; (b) the costs and expenses reasonably incurred by Fujitsu in procuring and implementing alternative or replacement equipment and/or services including consultancy costs, the additional costs of management time and other personnel costs and costs of hardware, software and other equipment and materials; (c) the costs and expenses reasonably incurred by Fujitsu in contemplation of and pursuant to this Agreement to the extent that such costs and expenses are wasted if alternative or replacement services are procured; (d) the costs and expenses of reconstituting or reloading lost or corrupted data; (e) the costs and expenses of implementing and performing workarounds following a failure in the Supplies or to achieve any service levels; (f) losses incurred by Fujitsu arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any customer, sub-contractor, Supplier personnel, regulator of Fujitsu) against Fujitsu caused by the act or omission of the Supplier, any sub-contractor of the Supplier or any Supplier personnel. 15.4 Except for breach of Clause 2.7 (Anti-Bribery Compliance) or Clause 14 (Confidentiality) and subject to Clauses 15.1(a), 15.2(a) and 15.3, in no event will either party be liable to the other for any (i) loss of profit; (ii) loss of revenue, business, opportunity, goodwill or reputation; or (iii) special, indirect or consequential damage, arising out of or in connection with this Agreement. 15.5 Where the Supplier send its employees to Fujitsu’s and/or Fujitsu’s customers’ premises in connection with this Agreement then, notwithstanding any technical supervision exercised by Fujitsu or any instructions issued by Fujitsu, such employees shall remain the Supplier’s employees alone. It is an express condition of this Agreement and each Order that the Supplier effects and maintains in force for the benefit of the Supplier and Fujitsu employer’s liability insurance in respect of such employees. Further the Supplier shall effect and maintain for the duration of this Agreement, or if any Order survives its termination, for the duration of that Order, such other insurance as is appropriate in the circumstances taking into account industry practice, the availability of insurance in the market place and the risks and liabilities which it is accepting under this Agreement. The Supplier shall provide Fujitsu with reasonable evidence of its compliance with this obligation when requested by Fujitsu to do so.

LIMITATION OF LIABILITY AND INSURANCE. 15.1 Notwithstanding anything to the contrary in this Agreement, Fujitsu's liability to the Supplier for any loss, damage, costs, claims or expenses suffered by the Supplier under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of liability arising from death or injury to persons as a result of any act or omission of Fujitsu which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of Fujitsu or of the acts, omissions or frauds of others for whom Fujitsu is at law responsible, there shall be no limit; (b) in respect of any other liability Fujitsu's aggregate liability shall in no circumstances exceed the Charges for the Supplies in respect of which the claim arises; provided always that Fujitsu’s total aggregate liability for all such claims arising in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to and in no circumstances exceed £1,000,000. 15.2 The Supplier’s liability to Fujitsu for any loss, damage, costs, claims or expenses suffered by Fujitsu under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of breach of Clause 2.5 (Data Protection), Clause 2.7 (Anti-Bribery Compliance), Clause 2.8 (Conflicts of Interest), Clause 10 (Intellectual Property Rights and Indemnity) and Clause 14 (Confidentiality) or any indemnity set out in this Agreement or liability arising from death or injury to persons as a result of any act or omission of the Supplier, which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of the Supplier or of the acts, omissions or frauds of others for whom the Supplier is at law responsible, there shall be no limit; (b) in the case of fines from regulators resulting from a breach of this Agreement by the Supplier, and/or any legal fees, administration and management time incurred directly or indirectly by Fujitsu and/or its Associated Companies in dealing with such regulatory investigations, there shall be no limit; (c) in respect of any other liability the Supplier’s aggregate liability shall in no circumstances exceed three (3) times the Charges paid or payable under the Agreement or £1,000,000, whichever is greater. 15.3 Notwithstanding any other provision of this Clause 15, for the purposes of this Agreement, losses for which the Supplier assumes responsibility and which shall be recoverable by the Fujitsu, shall include, but not be limited to, the following: (a) monies paid by Fujitsu to the Supplier pursuant to this Agreement, in respect of any Supplies not provided in accordance with the terms of this Agreement; (b) the costs and expenses reasonably incurred by Fujitsu in procuring and implementing alternative or replacement equipment and/or services including consultancy costs, the additional costs of management time and other personnel costs and costs of hardware, software and other equipment and materials; (c) the costs and expenses reasonably incurred by Fujitsu in contemplation of and pursuant to this Agreement to the extent that such costs and expenses are wasted if alternative or replacement services are procured; (d) the costs and expenses of reconstituting or reloading lost or corrupted data; (e) the costs and expenses of implementing and performing workarounds following a failure in the Supplies or to achieve any service levels; (f) losses incurred by Fujitsu arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any customer, sub-contractor, Supplier personnel, regulator of Fujitsu) against Fujitsu caused by the act or omission of the Supplier, any sub-contractor of the Supplier or any Supplier personnel. 15.4 Except for breach of Clause 2.7 (Anti-Bribery Compliance) or Clause 14 (Confidentiality) and subject to Clauses 15.1(a), 15.2(a) and 15.3, in no event will either party arty be liable to the other for any (i) loss of profit; (ii) loss of revenue, business, opportunity, goodwill or reputation; or (iii) special, indirect or consequential damagedamage including loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or injury to reputation or loss of business or opportunity arising out of or in connection with this Agreement. 15.5 Where the Supplier send its employees to Fujitsu’s and/or Fujitsu’s customers’ premises in connection with this Agreement then, notwithstanding any technical supervision exercised by Fujitsu or any instructions issued by Fujitsu, such employees shall remain the Supplier’s employees alone. It is an express condition of this Agreement and each Order that the Supplier effects and maintains in force for the benefit of the Supplier and Fujitsu employer’s liability insurance in respect of such employees. Further the Supplier shall effect and maintain for the duration of this Agreement, or if any Order survives its termination, for the duration of that Order, such other insurance as is appropriate in the circumstances taking into account industry practice, the availability of insurance in the market place and the risks and liabilities which it is accepting under this Agreement. The Supplier shall provide Fujitsu with reasonable evidence of its compliance with this obligation when requested by Fujitsu to do so.

LIMITATION OF LIABILITY AND INSURANCE. 15.1 Notwithstanding anything to the contrary in this Agreement, Fujitsu's liability to the Supplier for any loss, damage, costs, claims or expenses suffered by the Supplier under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of liability arising from death or injury to persons as a result of any act or omission of Fujitsu which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of Fujitsu or of the acts, omissions or frauds of others for whom Fujitsu is at law responsible, there shall be no limit; (b) in respect of any other liability Fujitsu's aggregate liability shall in no circumstances exceed the Charges for the Supplies in respect of which the claim arises; provided always that Fujitsu’s total aggregate liability for all such claims arising in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to and in no circumstances exceed £1,000,000. 15.2 The Supplier’s liability to Fujitsu for any loss, damage, costs, claims or expenses suffered by Fujitsu under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of breach of Clause 2.5 (Data Protection), Clause 2.7 (Anti-Bribery Compliance), Clause 2.8 (Conflicts of Interest), Clause 10 (Intellectual Property Rights and Indemnity) and Clause 14 (Confidentiality) or any indemnity set out in this Agreement or liability arising from death or injury to persons as a result of any act or omission of the Supplier, which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of the Supplier or of the acts, omissions or frauds of others for whom the Supplier is at law responsible, there shall be no limit; (b) in the case of fines from regulators resulting from a breach of this Agreement by the Supplier, and/or any legal fees, administration and management time incurred directly or indirectly by Fujitsu and/or its Associated Companies in dealing with such regulatory investigations, there shall be no limit; (c) in respect of any other liability the Supplier’s aggregate liability shall in no circumstances exceed three (3) times the Charges paid or payable under the Agreement or £1,000,000, whichever is greater. 15.3 Notwithstanding any other provision of this Clause 15, for the purposes of this Agreement, losses for which the Supplier assumes responsibility and which shall be recoverable by the Fujitsu, shall include, but not be limited to, the following: (a) monies paid by Fujitsu to the Supplier pursuant to this Agreement, in respect of any Supplies not provided in accordance with the terms of this Agreement; (b) the costs and expenses reasonably incurred by Fujitsu in procuring and implementing alternative or replacement equipment and/or services including consultancy costs, the additional costs of management time and other personnel costs and costs of hardware, software and other equipment and materials; (c) the costs and expenses reasonably incurred by Fujitsu in contemplation of and pursuant to this Agreement to the extent that such costs and expenses are wasted if alternative or replacement services are procured; (d) the costs and expenses of reconstituting or reloading lost or corrupted data; (e) the costs and expenses of implementing and performing workarounds following a failure in the Supplies or to achieve any service levels; (f) losses incurred by Fujitsu arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any customer, sub-contractor, Supplier personnel, regulator of Fujitsu) against Fujitsu caused by the act or omission of the Supplier, any sub-contractor of the Supplier or any Supplier personnel. 15.4 Except for breach of Clause 2.7 (Anti-Bribery Compliance) or Clause 14 (Confidentiality) and subject to Clauses 15.1(a), 15.2(a) and 15.3, in no event will either party arty be liable to the other for any (i) loss of profit; (ii) loss of revenue, business, opportunity, goodwill or reputation; or (iii) special, indirect or consequential damagedamage including loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or injury to reputation or loss of business or opportunity arising out of or in connection with this Agreement. 15.5 Where the Supplier send its employees to Fujitsu’s and/or Fujitsu’s customers’ premises in connection with this Agreement then, notwithstanding any technical supervision exercised by Fujitsu or any instructions issued by Fujitsu, such employees shall remain the Supplier’s employees alone. It is an express condition of this Agreement and each Order that the Supplier effects and maintains in force for the benefit of the Supplier and Fujitsu employer’s liability insurance in respect of such employees. Further the Supplier shall effect and maintain for the duration of this Agreement, or if any Order survives its termination, for the duration of that Order, such other insurance as is appropriate in the circumstances taking into account industry practice, the availability of insurance in the market place and the risks and liabilities which it is accepting under this Agreement. The Supplier shall provide Fujitsu with reasonable evidence of its compliance with this obligation when requested by Fujitsu to do so...

LIMITATION OF LIABILITY AND INSURANCE. 15.1 Notwithstanding anything to the contrary in this Agreement, Fujitsu's liability to the Supplier for any loss, damage, costs, claims or expenses suffered by the Supplier under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of liability arising from death or injury to persons as a result of any act or omission of Fujitsu which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of Fujitsu or of the acts, omissions or frauds of others for whom Fujitsu is at law responsible, there shall be no limit; (b) in respect of any other liability Fujitsu's aggregate liability shall in no circumstances exceed the Charges for the Supplies in respect of which the claim arises; provided always that Fujitsu’s total aggregate liability for all such claims arising in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to and in no circumstances exceed £€1,000,000. 15.2 The Supplier’s liability to Fujitsu for any loss, damage, costs, claims or expenses suffered by Fujitsu under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of breach of Clause 2.5 (Data Protection), Clause 2.7 (Anti-Bribery Compliance), Clause 2.8 (Conflicts of Interest), Clause 10 (Intellectual Property Rights and Indemnity) and Clause 14 (Confidentiality) or any indemnity set out in this Agreement or liability arising from death or injury to persons as a result of any act or omission of the Supplier, which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of the Supplier or of the acts, omissions or frauds of others for whom the Supplier is at law responsible, there shall be no limit; (b) in the case of fines from regulators resulting from a breach of this Agreement by the Supplier, and/or any legal fees, administration and management time incurred directly or indirectly by Fujitsu and/or its Associated Companies in dealing with such regulatory investigations, there shall be no limit; (c) in respect of any other liability the Supplier’s aggregate liability shall in no circumstances exceed three (3) times the Charges paid or payable under the Agreement or £€1,000,000, whichever is greater. 15.3 Notwithstanding any other provision of this Clause 15, for the purposes of this Agreement, losses for which the Supplier assumes responsibility and which shall be recoverable by the Fujitsu, shall include, but not be limited to, the following: (a) monies paid by Fujitsu to the Supplier pursuant to this Agreement, in respect of any Supplies not provided in accordance with the terms of this Agreement; (b) the costs and expenses reasonably incurred by Fujitsu in procuring and implementing alternative or replacement equipment and/or services including consultancy costs, the additional costs of management time and other personnel costs and costs of hardware, software and other equipment and materials; (c) the costs and expenses reasonably incurred by Fujitsu in contemplation of and pursuant to this Agreement to the extent that such costs and expenses are wasted if alternative or replacement services are procured; (d) the costs and expenses of reconstituting or reloading lost or corrupted data; (e) the costs and expenses of implementing and performing workarounds following a failure in the Supplies or to achieve any service levels; (f) losses incurred by Fujitsu arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any customer, sub-contractor, Supplier personnel, regulator of Fujitsu) against Fujitsu caused by the act or omission of the Supplier, any sub-contractor of the Supplier or any Supplier personnel. 15.4 Except for breach of Clause 2.7 (Anti-Bribery Compliance) or Clause 14 (Confidentiality) and subject to Clauses 15.1(a), 15.2(a) and 15.3, in no event will either party be liable to the other for any (i) loss of profit; , (ii) loss of revenue, business, opportunity, goodwill or reputation; reputation or (iii) special, indirect or consequential damage, damage arising out of or in connection with this Agreement. 15.5 Where the Supplier send its employees to Fujitsu’s and/or Fujitsu’s customers’ premises in connection with this Agreement then, notwithstanding any technical supervision exercised by Fujitsu or any instructions issued by Fujitsu, such employees shall remain the Supplier’s employees alone. It is an express condition of this Agreement and each Order that the Supplier effects and maintains in force for the benefit of the Supplier and Fujitsu employer’s liability insurance in respect of such employees. Further the Supplier shall effect and maintain for the duration of this Agreement, or if any Order survives its termination, for the duration of that Order, such other insurance as is appropriate in the circumstances taking into account industry practice, the availability of insurance in the market place and the risks and liabilities which it is accepting under this Agreement. The Supplier shall provide Fujitsu with reasonable evidence of its compliance with this obligation when requested by Fujitsu to do so.

LIMITATION OF LIABILITY AND INSURANCE. 15.1 Notwithstanding anything to the contrary in this Agreement, Fujitsu's liability to the Supplier for any loss, damage, costs, claims or expenses suffered by the Supplier under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of liability arising from death or injury to persons as a result of any act or omission of Fujitsu which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of Fujitsu or of the acts, omissions or frauds of others for whom Fujitsu is at law responsible, there shall be no limit; (b) in respect of any other liability Fujitsu's aggregate liability shall in no circumstances exceed the Charges for the Supplies in respect of which the claim arises; provided always that Fujitsu’s total aggregate liability for all such claims arising in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to and in no circumstances exceed £1,000,000. 15.2 The Supplier’s liability to Fujitsu for any loss, damage, costs, claims or expenses suffered by Fujitsu under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows: (a) in the case of breach of Clause 2.5 (Data Protection), Clause 2.7 (Anti-Bribery Compliance), Clause 2.8 (Conflicts of Interest), Clause 10 (Intellectual Property Rights and Indemnity) and Clause 14 (Confidentiality) or any indemnity set out in this Agreement or liability arising from death or injury to persons as a result of any act or omission of the Supplier, which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section section 1) or of any fraud on the part of the Supplier or of the acts, omissions or frauds of others for whom the Supplier is at law responsible, there shall be no limit; (b) in the case of fines from regulators resulting from a breach of this Agreement by the Supplier, and/or any legal fees, administration and management time incurred directly or indirectly by Fujitsu and/or its Associated Companies in dealing with such regulatory investigations, there shall be no limit; (c) in respect of any other liability the Supplier’s aggregate liability shall in no circumstances exceed three (3) times the Charges paid or payable under the Agreement or £1,000,000, whichever is greater. 15.3 Notwithstanding any other provision of this Clause 15, for the purposes of this Agreement, losses for which the Supplier assumes responsibility and which shall be recoverable by the Fujitsu, shall include, but not be limited to, the following: (a) monies paid by Fujitsu to the Supplier pursuant to this Agreement, in respect of any Supplies not provided in accordance with the terms of this Agreement; (b) the costs and expenses reasonably incurred by Fujitsu in procuring and implementing alternative or replacement equipment and/or services including consultancy costs, the additional costs of management time and other personnel costs and costs of hardware, software and other equipment and materials; (c) the costs and expenses reasonably incurred by Fujitsu in contemplation of and pursuant to this Agreement to the extent that such costs and expenses are wasted if alternative or replacement services are procured; (d) the costs and expenses of reconstituting or reloading lost or corrupted data; (e) the costs and expenses of implementing and performing workarounds following a failure in the Supplies or to achieve any service levels; (f) losses incurred by Fujitsu arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any customer, sub-contractor, Supplier personnel, regulator of Fujitsu) against Fujitsu caused by the act or omission of the Supplier, any sub-contractor of the Supplier or any Supplier personnel. 15.4 Except for breach of Clause 2.7 (Anti-Bribery Compliance) or Clause 14 (Confidentiality) and subject to Clauses 15.1(a), 15.2(a) and 15.3, in no event will either party arty be liable to the other for any (i) loss of profit; (ii) loss of revenue, business, opportunity, goodwill or reputation; or (iii) special, indirect or consequential damagedamage including loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or injury to reputation or loss of business or opportunity arising out of or in connection with this Agreement. 15.5 Where the Supplier send its employees to Fujitsu’s and/or Fujitsu’s customers’ premises in connection with this Agreement then, notwithstanding any technical supervision exercised by Fujitsu or any instructions issued by Fujitsu, such employees shall remain the Supplier’s employees alone. It is an express condition of this Agreement and each Order that the Supplier effects and maintains in force for the benefit of the Supplier and Fujitsu employer’s liability insurance in respect of such employees. Further the Supplier shall effect and maintain for the duration of this Agreement, or if any Order survives its termination, for the duration of that Order, such other insurance as is appropriate in the circumstances taking into account industry practice, the availability of insurance in the market place and the risks and liabilities which it is accepting under this Agreement. The Supplier shall provide Fujitsu with reasonable evidence of its compliance with this obligation when requested by Fujitsu to do so...