Limits on Liability. 13.1 Neither Party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability): 13.1.1 for personal injury or death resulting from its negligence or that of its employees, agents and/ or sub-contractors; 13.1.2 for breach of confidentiality requirements under Clause 8; 13.1.3 for any matter which it would be illegal for that party to exclude and/ or limit, or attempt to exclude and/or limit, its liability; or 13.1.4 For that party’s fraud 13.2 The liability of each Party to the other (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise) in respect of any claims for the damage to or loss of tangible property (excluding claims for loss or corruption of, or damage to, data contained on any tangible media) shall be limited to 750,000 INR per claim or series of claims arising from any one incident. 13.3 Except as provided in Clauses 13.1 and 13.2 the liability of each party to the other in respect of any claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) brought under or in connection with this Agreement shall be limited as follows: 13.3.1 for all claims arising in the first Contract Year, liability shall be limited in aggregate to the Initial Contract Value; 13.3.2 for all claims arising in any subsequent Contract Year, liability shall be limited in aggregate to the fees (excluding service tax, withholding tax (TDS) and other taxes as may be applicable) paid by Experian to the Supplier under this Agreement in the previous Contract Year. 13.4 Subject to Clause 13.3, neither party shall be liable to the other (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for: 13.4.1 any indirect or consequential loss; 13.4.2 the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; even if that party had notice of the possibility of the other party incurring such losses; 13.4.3 the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; failure to reduce bad debt; even if that party had notice of the possibility of the other party incurring such losses.
Appears in 2 contracts
Samples: Supplier Agreement, Purchase Agreement
Limits on Liability. 13.1 10.1. Neither Party party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability):
13.1.1 10.1.1. for breach of its obligations under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
10.1.2. for personal injury or death resulting from its negligence or that of its employees, agents and/ or sub-contractorsand/or sub- contractors by operation of Section 2(1) of the Unfair Contract Terms Act 1977;
13.1.2 10.1.3. for breach of confidentiality requirements under Clause 86;
13.1.3 10.1.4. (in the case of the Reseller) for any breach of Clause 7.4.3;
10.1.5. for any matter which it would be illegal for that party to exclude and/ or and/or limit, or attempt to exclude and/or limit, its liability; or
13.1.4 For 10.1.6. for that party’s fraudfraud or fraudulent misrepresentation.
13.2 10.2. The liability of each Party party to the other (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise) in respect of any claims for the damage to or loss of tangible property (excluding claims for loss or corruption of, or damage to, data contained on any tangible media) shall be limited to 750,000 INR £1 million per claim or series of claims arising from any one incident.
13.3 10.3. Except as provided in Clauses 13.1 10.1, 10.2 and 13.2 10.4, the liability of each party to the other in respect of any claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) brought under or in connection with this Agreement shall be limited as follows:
13.3.1 10.3.1. for all claims arising in the first Contract Year, liability shall be limited in aggregate to the Initial Contract Value;
13.3.2 10.3.2. for all claims arising in any subsequent Contract Year, Year liability shall be limited in aggregate to the fees (excluding service tax, withholding tax (TDS) and other taxes as may be applicableVAT) paid by the Reseller to Experian to the Supplier under this Agreement in the previous Contract Year.
13.4 10.4. The limitations in Clause 10.3 shall:
10.4.1. not apply to the indemnities given by the parties under Clause 9.1 and 9.2;
10.4.2. not apply to the liability of either party under Clause 5.6;
10.4.3. be in addition to the obligation of the Reseller to pay fees and charges under this Agreement.
10.5. Subject to Clause 13.310.1, neither party shall be liable to the other (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
13.4.1 10.5.1. any indirect or consequential loss;
13.4.2 10.5.2. the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; even if that party had notice of the possibility of the other party incurring such losses;
13.4.3 10.5.3. the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; failure to reduce bad debt; even if that party had notice of the possibility of the other party incurring such losses.
Appears in 2 contracts
Samples: Reseller Agreement, Reseller Agreement
Limits on Liability. 13.1 10.1. Neither Party party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability):
13.1.1 10.1.1. for breach of its obligations under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
10.1.2. for personal injury or death resulting from its negligence or that of its employees, agents and/ or sub-contractorsand/or sub- contractors by operation of Section 2(1) of the Unfair Contract Terms Act 1977;
13.1.2 10.1.3. for breach of confidentiality requirements under Clause 86;
13.1.3 10.1.4. (in the case of the Reseller) for any breach of Clause 7.4.2;
10.1.5. for any matter which it would be illegal for that party to exclude and/ or and/or limit, or attempt to exclude and/or limit, its liability; or
13.1.4 For 10.1.6. for that party’s fraudfraud or fraudulent misrepresentation.
13.2 10.2. The liability of each Party party to the other (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise) in respect of any claims for the damage to or loss of tangible property (excluding claims for loss or corruption of, or damage to, data contained on any tangible media) shall be limited to 750,000 INR £1 million per claim or series of claims arising from any one incident.
13.3 10.3. Except as provided in Clauses 13.1 10.1, 10.2 and 13.2 10.4, the liability of each party to the other in respect of any claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) brought under or in connection with this Agreement shall be limited as follows:
13.3.1 10.3.1. for all claims arising in the first Contract Year, liability shall be limited in aggregate to the Initial Contract Value;
13.3.2 10.3.2. for all claims arising in any subsequent Contract Year, Year liability shall be limited in aggregate to the fees (excluding service tax, withholding tax (TDS) and other taxes as may be applicableVAT) paid by the Reseller to Experian to the Supplier under this Agreement in the previous Contract Year.
13.4 10.4. The limitations in Clause 10.3 shall:
10.4.1. not apply to the indemnities given by the parties under Clause 9.1 and 9.2;
10.4.2. not apply to the liability of either party under Clause 5.6;
10.4.3. be in addition to the obligation of the Reseller to pay fees and charges under this Agreement.
10.5. Subject to Clause 13.310.1, neither party shall be liable to the other (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
13.4.1 10.5.1. any indirect or consequential loss;
13.4.2 10.5.2. the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; even if that party had notice of the possibility of the other party incurring such losses;
13.4.3 10.5.3. the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; failure to reduce bad debt; even if that party had notice of the possibility of the other party incurring such losses.
Appears in 1 contract
Samples: Reseller Agreement
Limits on Liability. 13.1 9.1. Neither Party party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability):
13.1.1 9.1.1. for breach of its obligations under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
9.1.2. for personal injury or death resulting from its negligence or that of its employees, agents and/ or and/or sub-contractors;
13.1.2 9.1.3. (in the case of the Client) for any intentional breach of confidentiality requirements under Clause 8;7.1.2
13.1.3 9.1.4. for any matter matter, which it would be illegal for that party to exclude and/ or and/or limit, or attempt to exclude and/or limit, its liability; or
13.1.4 For 9.1.5. for that party’s fraud.
13.2 9.2. The liability of each Party party to the other (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise) in respect of any claims for the damage to or loss of tangible property (excluding claims for loss or corruption of, or damage to, data contained on any tangible media) shall be limited to 750,000 INR £1 million per claim or series of claims arising from any one incident.
13.3 9.3. Except as provided in Clauses 13.1 9.1, 9.2 and 13.2 9.4, the liability of each party to the other in respect of any claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) brought under or in connection with this Agreement shall be limited as follows:
13.3.1 for all claims arising in the first Contract Year, liability shall be limited in aggregate to the Initial Contract Value;
13.3.2 for all claims arising in any subsequent Contract Year, liability shall be limited in aggregate to the fees (excluding service tax, withholding tax (TDS) and other taxes as may be applicable) amount paid by Experian to the Supplier Client under this Agreement in the previous Contract Year12 month period immediately preceding the date on which the cause of action arose.
13.4 9.4. The limitations in Clause 9.3 shall be in addition to the obligation of the Client to pay Fees and charges under this Agreement.
9.5. Subject to Clause 13.39.1, neither party shall be liable to the other (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
13.4.1 9.5.1. any indirect or consequential loss;
13.4.2 9.5.2. the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; even if that party had notice of the possibility of the other party incurring such losses;
13.4.3 9.5.3. the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; failure to reduce bad debt; even if that party had notice of the possibility of the other party incurring such losses.
Appears in 1 contract
Samples: Screening Services Agreement
Limits on Liability. 13.1 9.1. Neither Party party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability):
13.1.1 9.1.1. for breach of its obligations under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
9.1.2. for personal injury or death resulting from its negligence or that of its employees, agents and/ or and/or sub-contractors;
13.1.2 9.1.3. for breach of confidentiality requirements under Clause 86;
13.1.3 9.1.4. (in the case of the Client) for any intentional breach of Clause 7.1.2;
9.1.5. for any matter which it would be illegal for that party to exclude and/ or and/or limit, or attempt to exclude and/or limit, its liability; or
13.1.4 For 9.1.6. for that party’s fraud.
13.2 9.2. The liability of each Party party to the other (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise) in respect of any claims for the damage to or loss of tangible property (excluding claims for loss or corruption of, or damage to, data contained on any tangible media) shall be limited to 750,000 INR £1 million per claim or series of claims arising from any one incident.
13.3 9.3. Except as provided in Clauses 13.1 9.1, 9.2 and 13.2 9.4 and subject to the additional limitations set out in the Order Confirmation, the liability of each party to the other in respect of any claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) brought under or in connection with this Agreement shall be limited as follows:
13.3.1 9.3.1. for all claims arising in the first Contract Year, liability shall be limited in aggregate to the Initial Contract Value;
13.3.2 9.3.2. for all claims arising in any subsequent Contract Year, Year liability shall be limited in aggregate to the fees Charges (excluding service tax, withholding tax (TDS) and other taxes as may be applicableVAT) paid by the Client to Experian to the Supplier under this Agreement in the previous Contract Year.
13.4 9.4. The limitations in Clause 9.3 shall be in addition to the obligation of the Client to pay fees and Charges under this Agreement
9.5. Subject to Clause 13.3, neither 9.1,neither party shall be liable to the other (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
13.4.1 9.5.1. any indirect or consequential loss;
13.4.2 9.5.2. the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; even if that party had notice of the possibility of the other party incurring such losses;
13.4.3 9.5.3. the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; failure to reduce bad debt; even if that party had notice of the possibility of the other party incurring such losses.
Appears in 1 contract
Limits on Liability. 13.1 9.1. Neither Party party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability):
13.1.1 9.1.1. for breach of its obligations under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
9.1.2. for personal injury or death resulting from its negligence or that of its employees, agents and/ or and/or sub-contractors;
13.1.2 9.1.3. for breach of confidentiality requirements under Clause 86;
13.1.3 9.1.4. for any matter which it would be illegal for that party to exclude and/ or and/or limit, or attempt to exclude and/or limit, its liability; or
13.1.4 For 9.1.5. for that party’s fraudfraud or fraudulent misrepresentation.
13.2 9.2. The liability of each Party party to the other (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise) in respect of any claims for the damage to or loss of tangible property (excluding claims for loss or corruption of, or damage to, data contained on any tangible media) shall be limited to 750,000 INR £1 million per claim or series of claims arising from any one incident.
13.3 9.3. Except as provided in Clauses 13.1 9.1, 9.2, and 13.2 9.4, the liability of each party to the other in respect of any claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) brought under or in connection with this Agreement shall be limited as follows:
13.3.1 9.3.1. for all claims arising in the first Contract Year, liability shall be limited in aggregate to the Initial Contract Value;
13.3.2 9.3.2. for all claims arising in any subsequent Contract Year, Year liability shall be limited in aggregate to the fees (excluding service tax, withholding tax (TDS) and other taxes as may be applicableVAT) paid by the Client to Experian to the Supplier under this Agreement in the previous Contract Year.
13.4 9.4. The limitations in Clause 9.3 shall:
9.4.1. not apply to the indemnity given under Clause 8.1;
9.4.2. not apply to any liability of either party under Clause 18.5;
9.4.3. be in addition to the obligation of the Client to pay the fees and charges under this Agreement.
9.5. Subject to Clause 13.39.1, neither party shall be liable to the other (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
13.4.1 9.5.1. any indirect or consequential loss;
13.4.2 9.5.2. the following types of financial loss; : loss of profits; loss of earnings; loss of business or goodwill; even if that party had notice of the possibility of the other party incurring such losses;; or
13.4.3 9.5.3. the following types of anticipated or incidental losses; : loss of anticipated savings; increase in bad debt; failure to reduce bad debt; even if that party had notice of the possibility of the other party incurring such losses.
Appears in 1 contract
Samples: Aperture Trail Agreement
