Common use of Obligations and Guarantees Clause in Contracts

Obligations and Guarantees. (1) The Client expressly agrees that neither Argus and/or any Relevant Person shall under any circumstances bear any responsibility towards the Client or any other person in respect of any damage or harm ( including, but, without any limitation to the foregoing, loss of profit, transaction loss and damages), resulting, coincidentally or indirectly, from unsettlement, delay or loss of use of the Electronic Facilities or that the Client suffers in relation to this Agreement, even if Argus or a Relevant Person has been informed of the possibility of such loss or damage. (2) The Client expressly agrees that Argus’ responsibility or that of any Relevant Person, that arises from any kind of legal claim (contractual, civil or otherwise) in any way related to the Electronic Facilities or the Information, shall not exceed the amount that the Client will have paid for the provision of Electronic Facilities. (3) In addition to the provisions of Clause 5.9 of the Terms and Conditions of the Agreement, the Client expressly agrees that neither Argus nor any Relevant Person shall bear any responsibility for any damage that arises from a cause over which such person has no direct control, including, but, without any limitation to the generality of the foregoing, disruption in electrical or mechanical equipment or in the lines of communication, telephone lines or other connectivity problems, viruses, errors, configuration or compatibility problems with electromechanical equipment or software, interruption in or failure to achieve internet connection, problems with internet providers or other equipment or services in relation to the Client’s computer, problems with the intermediary computer or a communication network or such facilities, problems with the data transmission equipment or the Client’s telephone device or his telephone provider, unauthorized access, theft, user errors, extreme weather conditions, earthquakes, labour disputes or other errors beyond Argus’ control. Neither Argus nor any Relevant Person shall bear any responsibility for any damage to the Client’s computer, software, modem, telephone device or as a result of the use of the Electronic Facilities from the Client. (4) The Client hereby agrees to support, cover, indemnify and hold harmless Argus and the Relevant Persons against any and every law suit, legal action, prosecution, claims for damages, losses, legal duties, costs and expenses (including but without limitation to the generality of the foregoing, legal costs) that arise from his breach of the terms of the present Appendix, any law or third party rights, including but without limitation to the generality of the foregoing, violation of any copyrights or proprietary rights.

Appears in 1 contract

Samples: Facilities for the Electronic Transmission of Orders

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Obligations and Guarantees. (1) The Client hereby expressly agrees that neither Argus and/or the Company nor any person transmitting the Information (the “Relevant Person Person”) shall under any circumstances bear any responsibility towards the Client or any other person in respect of any damage or harm ( including, but, loss (including but without any limitation to the foregoing, loss of profit, transaction loss and damages), ) resulting, coincidentally or indirectly, from unsettlement, delay or loss of use of the Electronic Facilities Services or that the Client suffers in relation to this Agreementthe present Agreement and Appendix, even if Argus the Company or a Relevant Person has been informed of the possibility of such loss or damage. (2) The Client expressly agrees that Argus’ responsibility the Company’s responsibility, or that of any Relevant Person, that arises from any kind of legal claim (contractual, civil or otherwise) in any way related to the Electronic Facilities Services or the Information, shall not exceed the amount that the Client will have paid for the provision of the Electronic FacilitiesServices. (3) In addition to the provisions of Clause 5.9 of the Terms and Conditions of the Agreement, the The Client expressly agrees that neither Argus the Company nor any Relevant Person shall bear any responsibility for any damage loss that arises from a cause over which such person has no direct control, including, but, including but without any limitation to the generality of the foregoing, disruption in electrical or mechanical equipment or in the lines of communication, telephone lines or other connectivity problems, viruses, errors, configuration or compatibility problems with electromechanical electro mechanic equipment or software, interruption in or failure to achieve internet connectionconnection with the internet, problems with internet providers or other equipment or services in relation related to the Client’s computer, problems with the an intermediary computer or a communication communications network or such facilities, problems with the data transmission equipment or the Client’s telephone device or his telephone services provider, unauthorized access, theft, user errors, extreme weather conditions, earthquakes, labour disputes uprisings or other errors beyond Argus’ the Company’s control. Neither Argus nor any Relevant Person The Company shall bear any no responsibility for any damage to the Client’s computer, software, modem, telephone device or other property as a result of the use of the Electronic Facilities from Services of the Client. (4) The Client hereby agrees to support, cover, indemnify and hold harmless Argus the Company and the Relevant Persons against any and every law suit, legal action, prosecution, claims for damages, losses, legal duties, costs and expenses (including but without limitation to the generality of the foregoing, legal costs) that arise from his breach of the terms of the present Appendix, any law or third party rights, including but without limitation to the generality of the foregoing, violation of any copyrights or proprietary rights.

Appears in 1 contract

Samples: Electronic Services Agreement

Obligations and Guarantees. (1) The Client hereby expressly agrees that neither Argus and/or the Company nor any person transmitting the Information (the “Relevant Person Person”) shall under any circumstances bear any responsibility towards the Client or any other person in respect of any damage or harm ( including, but, loss (including but without any limitation to the foregoing, loss of profit, transaction loss and damages), ) resulting, coincidentally or indirectly, from unsettlement, delay or loss of use of the Electronic Facilities Services or that the Client suffers in relation to this Agreementthe present Agreement and Document, even if Argus the Company or a Relevant Person has been informed of the possibility of such loss or damage. (2) The Client expressly agrees that Argus’ responsibility the Company’s responsibility, or that of any Relevant Person, that arises from any kind of legal claim (contractual, civil or otherwise) in any way related to the Electronic Facilities Services or the Information, shall not exceed the amount that the Client will have paid for the provision of the Electronic FacilitiesServices. (3) In addition to the provisions of Clause 5.9 of the Terms and Conditions of the Agreement, the The Client expressly agrees that neither Argus the Company nor any Relevant Person shall bear any responsibility for any damage loss that arises from a cause over which such person has no direct control, including, but, including but without any limitation to the generality of the foregoing, disruption on in electrical or mechanical equipment or in the lines of communication, telephone lines or other connectivity problems, viruses, errors, configuration or compatibility problems with electromechanical electro mechanic equipment or software, interruption in or failure to achieve internet connectionconnection with the internet, problems with internet providers or other equipment or services in relation related to the Client’s computer, problems with the an intermediary computer or a communication communications network or such facilities, problems with the data transmission equipment or the Client’s telephone device or his telephone services provider, unauthorized access, theft, user errors, extreme weather conditions, earthquakes, labour disputes labor uprisings or other errors beyond Argus’ the Company’s control. Neither Argus nor any Relevant Person The Company shall bear any no responsibility for any damage to the Client’s computer, software, modem, telephone device or other property as a result of the use of the Electronic Facilities from Services of the Client. (4) The Client hereby agrees to support, cover, indemnify and hold harmless Argus the Company and the Relevant Persons against any and every law suit, legal action, prosecution, claims for damages, losses, legal duties, costs and expenses (including but without limitation to the generality of the foregoing, legal costs) that arise from his breach of the terms of the present AppendixDocument, any law or third party rights, including but without limitation to the generality of the foregoing, violation of any copyrights or proprietary rights.

Appears in 1 contract

Samples: Complementary Agreement

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Obligations and Guarantees. (1a) The Client hereby expressly agrees guarantee that neither Argus and/or the Company nor any person transmitting the Information (the “Relevant Person Person”) shall under any no circumstances bear any responsibility towards the Client or any other person third parties in respect of any damage or harm ( loss including, but, but without any limitation to the foregoing, loss of profit, transaction loss and damages), resulting, resulting coincidentally or indirectly, indirectly from unsettlement, delay or loss of use of the Electronic Facilities or Services that the Client suffers may suffer in relation to this the present Agreement, even if Argus the Company or a Relevant Person has been informed of the possibility of such loss or damage. (2b) The Client expressly agrees that Argus’ the Company’s responsibility or that of any Relevant Person, Person that arises from any kind of legal claim (contractual, civil or otherwise) in any way related to the Electronic Facilities Services or the Information, shall not exceed the amount that the Client will have paid for the provision of the Electronic FacilitiesServices. (3c) In addition to the provisions of Clause 5.9 of the Terms and Conditions of the Agreement, the The Client expressly agrees that neither Argus the Company nor any Relevant Person shall bear any responsibility for any damage loss that arises from a cause case over which such person has persons have no direct control, including, but, including but without any limitation to the generality of the foregoing, disruption in electrical or mechanical equipment or in the lines of communication, telephone lines or other connectivity problems, viruses, errors, configuration configurations or compatibility problems with electromechanical electro-mechanic equipment or software, interruption in or a failure to achieve internet connectionconnection with the Internet, problems with internet Internet providers or other equipment or services in relation related to the Client’s computer, problems with the an intermediary computer or a communication communications network or such facilities, problems with the data transmission equipment or the Client’s telephone device or his his/her telephone service provider, unauthorized unauthorised access, theft, user errors, extreme weather conditions, earthquakesearth quakes, labour disputes uprising or other errors beyond Argus’ the Company’s control. Neither Argus nor any Relevant Person The Company shall bear any no responsibility for any damage damages to the Client’s computer, software, modem, telephone device or other property as a result of the use of the Electronic Facilities from Services by the Client. (4d) The Client hereby agrees to support, cover, indemnify and hold harmless Argus the Company and the Relevant Persons against any and every law suit, legal actionactions, prosecution, claims for damages, losses, legal duties, costs and expenses (expenses, including but without limitation to the generality of the foregoing, legal costs) , that arise from his his/her breach of the terms of the present AppendixAgreement, any law or third party rights, including but without limitation to the generality of the foregoing, violation of any copyrights or proprietary rights.

Appears in 1 contract

Samples: Additional Agreement

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