LIMITATIONS ON PARTICIPATING AFFILIATES' CLAIMS. 25.10.1 The following represents the limit of all claims or actions that may be made pursuant to this Agreement relative to Participating Affiliates: (i) subject to the terms of this Clause 25.10, the Client shall have the right to bring actions against Exult Supplier in respect of such Participating Affiliates for Losses suffered by the Participating Affiliates in respect of the Services or this Agreement; (ii) the Client shall wherever reasonably practicable consolidate actions against Exult Supplier for Losses suffered by Participating Affiliates in respect of each alleged default; and (iii) the Participating Affiliates' Losses shall be deemed the direct Losses of the Client, but all such Losses shall be subject to the exclusions and limitations set out in this Agreement. 25.10.2 The Client shall procure that: (i) the Participating Affiliate will not make any claim or be a party to any claim or other action against Exult Supplier, Exult or an Exult Affiliate or their employees, offices or directors arising from or in connection with this Agreement; and (ii) the Participating Affiliate will direct all communications regarding this Agreement through and to the Client and not to Exult Supplier. 25.10.3 The Client is fully responsible for the performance of all its obligations under this Agreement with respect to the Services provided to such Participating Affiliates. 25.10.4 Nothing in Clause 25.10.1, 25.10.2 or Clause 25.10.3 relieves the Client of its obligations or expands Exult Supplier's obligations under this Agreement.
Appears in 3 contracts
Samples: Framework Agreement (Exult Inc), Uk Country Agreement (Exult Inc), Framework Agreement (Exult Inc)
LIMITATIONS ON PARTICIPATING AFFILIATES' CLAIMS. 25.10.1 The following represents the limit of all claims or actions that may be made pursuant to this Agreement relative to Participating Affiliates:
(i) subject to the terms of this Clause 25.10, the Client shall have the right to bring actions against Exult Supplier in respect of such Participating Affiliates for Losses suffered by the Participating Affiliates in respect of the Services or this Agreement;; ---------------------- * Confidential treatment is requested for redacted portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
(ii) the Client shall wherever reasonably practicable consolidate actions against Exult Supplier for Losses suffered by Participating Affiliates in respect of each alleged default; and
(iii) the Participating Affiliates' Losses shall be deemed the direct Losses of the Client, but all such Losses shall be subject to the exclusions and limitations set out in this Agreement.
25.10.2 The Client shall procure that:
(i) the Participating Affiliate will not make any claim or be a party to any claim or other action against Exult Supplier, Exult or an Exult Affiliate or their employees, offices or directors arising from or in connection with this Agreement; and
(ii) the Participating Affiliate will direct all communications regarding this Agreement through and to the Client and not to Exult Supplier.
25.10.3 The Client is fully responsible for the performance of all its obligations under this Agreement with respect to the Services provided to such Participating Affiliates.
25.10.4 Nothing in Clause 25.10.1, 25.10.2 or Clause 25.10.3 relieves the Client of its obligations or expands Exult Supplier's obligations under this Agreement.
Appears in 1 contract
Samples: Us Country Agreement (Exult Inc)
LIMITATIONS ON PARTICIPATING AFFILIATES' CLAIMS. 25.10.1 The following represents the limit of all claims or actions that may be made pursuant to this Agreement relative to Participating Affiliates:
(i) subject to the terms of this Clause 25.10, the Client shall have the right to bring actions against Exult Supplier in respect of such Participating Affiliates for Losses suffered by the Participating Affiliates in respect of the Services or this Agreement;
(ii) the Client shall wherever reasonably practicable consolidate actions against Exult Supplier for Losses suffered by Participating Affiliates in respect of each alleged default; and
(iii) the Participating Affiliates' Losses shall be deemed the direct Losses of the Client, but all such Losses shall be subject to the exclusions and limitations set out in this Agreement.
25.10.2 The Client shall procure that:
(i) the Participating Affiliate will not make any claim or be a party to any claim or other action against Exult Supplier, Exult or an Exult Affiliate or their employees, offices or directors arising from or in connection with this Agreement; and
(ii) the Participating Affiliate will direct all communications regarding this 38 41 Agreement through and to the Client and not to Exult Supplier.
25.10.3 The Client is fully responsible for the performance of all its obligations under this Agreement with respect to the Services provided to such Participating Affiliates.
25.10.4 Nothing in Clause 25.10.1, 25.10.2 or Clause 25.10.3 relieves the Client of its obligations or expands Exult Supplier's obligations under this Agreement.
Appears in 1 contract
Samples: Uk Country Agreement (Exult Inc)