Obligations and liability. 6.3.1 The obligations of each of the Warrantors shall be binding on his, her or its personal representatives and successors and permitted assigns (as the case may be).
6.3.2 Any liability to any party to this Agreement may in whole or in part be released, compounded or compromised and time or indulgence may be given by any party as regards any person under such liability without prejudicing the rights of any other party or the relevant party’s other rights against such person or the relevant party’s rights against any other person under the same or a similar liability.
6.3.3 Subject to the provisions of the Agreement Among Hong Kong Underwriters (which shall not be binding on or confer any rights upon any persons other than the parties thereto), for the avoidance of doubt, neither the Sole Global Coordinator, the Sole Sponsor, the Sole Bookrunner, the Joint Lead Managers nor any of the Hong Kong Underwriters shall be responsible or liable for any breach of the provisions of this Agreement by any of the Hong Kong Underwriters (other than itself in its capacity as a Hong Kong Underwriter).
6.3.4 Save and except for any loss or damage finally judicially determined to have arisen solely out of any gross negligence, wilful default or fraud or breach of this Agreement on the part of the Sole Global Coordinator, the Sole Sponsor, the Sole Bookrunner, the Joint Lead Managers or the relevant Hong Kong Underwriter, no claim shall be made against the Sole Global Coordinator, the Sole Sponsor, the Sole Bookrunner, the Joint Lead Managers, or any of the Hong Kong Underwriters or against any other of the Indemnified Persons (as defined below) (such right of the Indemnified Persons being held by the Hong Kong Underwriters as trustee for the Indemnified Persons) by the Company and/or the Warranting Shareholder (and each of the Warrantors shall procure that none of its Affiliates shall make any such claim), to recover any damage, cost, charge or expense which any of the Warrantors may suffer or incur by reason of or arising out of the carrying out by the Sole Global Coordinator, the Sole Sponsor, the Sole Bookrunner, the Joint Lead Managers, or any of the Hong Kong Underwriters of the work to be done by any of them or the performance of their respective obligations hereunder or otherwise in connection with any other Underwriting Documents, the Offer Documents, the Global Offering and any associated transactions (whether in performance of its duties as underwriter or otherw...
Obligations and liability. 23.1 The Client that fails to fulfil the obligations arising from these General Terms and Conditions and Agreements, or fails to do so satisfactorily, is obliged to compensate Wiertz Company for all resulting damage or loss.
23.2 During the term of the Agreement, the Client is liable for damage or loss suffered by Wiertz Company, the Employee and/or third parties as a result of the Employee’s acts and/or omissions. Wiertz Company is not liable for damage or loss of the Client as a result of the Employee’s acts and/or omissions.
23.3 The Client is obliged to take out adequate insurance to cover the liabilities specified in this article.
23.4 If it is established in law or otherwise that Wiertz Company could be liable vis-à-vis the Client for damage or loss suffered in connection with the Agreement, or by virtue of an unlawful act or on any other grounds, this liability, including any payment obligation by virtue of Section 6:230 and/or Section 6:271 of the Dutch Civil Code, will at all times and its entirety be limited to what is stipulated in this provision:
a. Wiertz Company is never liable for consequential damage or loss, lost profits, lost income, lost revenue, missed savings and damage or loss due to business interruptions and other stagnations;
b. the liability of Wiertz Company, including any payment obligation by virtue of an obligation to undo and any payment obligation under Section 6:230 of the Dutch Civil Code, vis-à-vis the [Ultimate] Client is at all times limited to the actual amount that the liability insurance of Wiertz Company pays out in the relevant case.
23.5 These restrictions do not apply in the event of intent or deliberate recklessness on the part of Wiertz Company and/or of Employees.
Obligations and liability. 1. In view of the fact that the powers and obligations in connection with the management and supervision are actually exercised by the Client or rest on the Client, the Client will indemnify us against and compensate us with regard to all claims by Temporary Workers and third parties in connection with the (alleged) damage suffered during or in connection with the performance of the work for the Client, such as claims pursuant to Sections 7:658, 7:611, 6:107, 6:108 and 6:162 of the Dutch Civil Code. The term damage also means the costs, including the actual costs of legal assistance. During the Agreement the Client is liable for the damage that we, the Temporary Worker and/or third parties suffered by the actions and/or omissions of the Temporary Worker.
2. You are obliged to take out sufficient insurance to cover the damage and liabilities in connection with the Agreement.
3. We will never be liable for damage caused by us relying on (incorrect) data, files, aids and information provided by you or on your behalf.
4. We will never be liable for your lost profits, lost income, lost turnover, missed savings and damage suffered due to business and other stagnation.
5. Our liability, including any payment obligation on account of an obligation to undo the wrong done and any payment obligation on account of Section 6:230 of the Dutch Civil Code is always limited to the amount that our insurer actually pays out in the respective case. If no payment under our liability insurance is forthcoming, our total liability will always be limited to a maximum of €150,000 per damage and per year, regardless of the basis for liability and the number of damage-causing events.
6. Limitations of our liability do not apply in the event of our intention or conscious recklessness and/or that of our employees.
7. A claim on us will lapse twelve months after it arose, or twelve months after you have become aware of the actual grounds of the claim or should reasonably have been aware of this ground.
Obligations and liability. (a) The Shipper shall insure/maintain a valid insurance cover for the goods from the original point of pickup to the final point of delivery at its own cost and shall waive/cause to waive the right of subrogation against the Company. No insurance will be effected except upon express instructions given in writing by the Customer. All insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk and the Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its Customer.
(b) The Shipper shall be deemed to have truthfully and accurately declared all particulars relating to the general nature and description of the goods, their marks, numbers, weights, volume and quantity and, if applicable, the dangerous character of the goods, as furnished.
(c) The Shipper shall be liable for all loss or damage, costs, expenses and any fines or charges imposed by the authority resulting from the inaccurate, fraudulent or incomplete information or instructions provided for the carriage of the goods.
(d) In the event the company shall become liable to any other party resulting from the inaccurate or fraudulent information, whether the company is negligent or otherwise, the Shipper shall indemnify and hold harmless the company accordingly for such action taken against the company.
(e) Where other costs and expenses are payable, including duties or such other additional charges, the Company shall be entitled to claim the same on the Shipper, notwithstanding there being any claim on the Company for any loss of or damage to the goods, the monies so paid out by the Company on behalf of the Shipper shall become payable without any reduction or deferment on the account of any claim, counter-claim or set-off against any amount owing to the Company.
(f) Where the Shipper is in arrears of any payments for freight and services rendered by the Company and the outstanding exceeds the agreed credit period, the Company shall be entitled to impose a late payment penalt...
Obligations and liability. 6.3.1 The obligations of each of the Warrantors shall be binding on his or its personal representatives and successors (as the case may be).
6.3.2 Any liability to any party to this Agreement may in whole or in part be released, compounded or compromised and time or indulgence may be given by any party as regards any person under such liability without prejudicing the rights of any other party or the relevant party’s other rights against such person or the relevant party’s rights against any other person under the same or a similar liability.
6.3.3 Save and except for any loss or damage finally judicially determined to have arisen solely out of any negligence, wilful default or fraud on the part of the Joint Bookrunners, the Sole Sponsor, the Joint Lead Managers, the Co-Manager or the relevant Placing Underwriters, no claim shall be made against the Joint Bookrunners, the Sole Sponsor, the Joint Lead Managers, the Co-Manager or the Placing Underwriters or against any other of the Indemnified Persons (as defined
Obligations and liability. 7.1. The following shall be legally binding on the Customer:
(a) The activity carried out by the User (including such User, which has been appointed by the Administrator) in the Internet Banking environment or in the environ- ment of another service provider, in which, subject to the authentication using the Authorisation Means, re- ceiving of services on behalf of the Customer is ren- dered possible,
(b) The user of services specified by the Administrator or User, if the service includes the specification of such a user,
(c) Information, correspondence or notifications of all kinds transferred by SEB banka or SEB Company to the Customer, using the Internet Bank. Such information is considered to have been received when it is available in the Internet Bank to at least one User or Administra- tor,
(d) Correspondence or notifications made by the Adminis- trator or User to SEB banka.
7.2. The Customer shall assume all losses arising to him/her in relation to unauthorised or erroneous transactions through the Internet Bank, if the Customer, User or Administrator has acted unlawfully or has not performed, deliberately (wilfully) or due to gross negligence, any of the duties set forth in these Terms and Conditions.
7.3. SEB banka or SEB Company shall not be liable for the losses or disputes arising between the Customer and the Ad- ministrator/User.
Obligations and liability. 5.1 Each Party shall:
(i) use the highest possible good standard endeavours to ensure the accuracy of any information it provides and the highest possible diligence in its research and development work and tasks it performs hereunder;
(ii) ensure not to use any proprietary rights or to grant licences, rights to use or any other similar industrial or intellectual property rights of a third party for which such Party has not acquired the right to grant licences and user rights to the other Party. In the event that a claim is brought by a third party, the Party having furnished the disputed documentation shall be solely responsible for the defence and settlement of such claim. Further, it shall indemnify and hold harmless the other Party from all costs, claims, actions, expenses or liabilities incurred by or imposed upon such other Party as a result of or in connection with its failure, breach or default by using other’s property rights or granting licences, rights to use or any other’s similar industrial or intellectual property rights.
5.2 Notwithstanding the above, the Parties shall assume no liability for the result of the cooperation and neither Party accepts any liability or responsibility for any use which may be made by the other Party of any results of the cooperation.
5.3 Neither Party shall be liable to the other in connection with this Agreement or the subject matter hereof for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liability arises out of contract, or as a result of the use of the information provided hereunder.
Obligations and liability. 6.3.1 The obligations of each of the Company, the Selling Shareholder, the Executive Directors shall be binding on his, her or its personal representatives and successors (as the case may be).
6.3.2 Any liability to the International Placing Underwriters or any of them hereunder may in whole or in part be released, compounded or compromised and time or indulgence may be given by HSBC on behalf of the International Placing Underwriters or any of them as regards any person under such liability without prejudicing the rights of any other International Placing Underwriters or the relevant International Placing Underwriter's other rights against such person or the relevant International Placing Underwriter's rights against any other person under the same or a similar liability.
6.3.3 Subject to the provisions of the Agreement Between International Placing Underwriters (which shall not be binding on or confer any rights upon any persons other than the parties thereto), for the avoidance of doubt, neither HSBC nor any of the International Placing Underwriters shall be responsible or liable for any breach of the provisions of this Agreement by any of the International Placing Underwriters (other than itself in its capacity as an International Placing Underwriter).
Obligations and liability. 30.1. Non-excludable Consumer rights Consumers, as defined under various consumer protection Laws, have rights that cannot be excluded, and cannot be limited, or can only be limited in certain ways. These rights are in addition to, and not instead of, other rights you may have. These rights include, but are in no way limited to, the right to a refund or rebate for significant interruptions to a Service or a right to terminate your Contract for prolonged or repeated interruptions.
30.2. Personal, domestic or household goods If we supply you with Sold Equipment or other goods of a kind ordinarily acquired for personal, domestic or household use or consumption:
30.2.1. they come with non-excludable warranties, including that we are the rightful owner, the goods are reasonably fit for their purpose, are not damaged, and match any description or sample;
30.2.2. you are entitled, at your option, to a refund, repair or replacement for a breach of those warranties and to compensation for any other loss; and
30.2.3. there is no limitation on our liability for breach of those warranties. These warranties are separate from any manufacturer’s warranty.
30.3. Personal, domestic or household Services If we supply you with Services of a kind ordinarily acquired for personal, domestic or household use or consumption:
30.3.1. they come with non-excludable warranties, including that they will be provided with due care and skill and be reasonably fit for their purpose;
30.3.2. you are entitled, at your option, to a refund or service redelivery for a breach of those warranties and to compensation for any other loss; and
30.3.3. there is no limitation on our liability for breach of those warranties.
30.4. Goods under $40,001 If we supply you with Sold Equipment or other goods not of a kind ordinarily acquired for personal, domestic or household use or consumption but that have a cash price under $40,001:
30.4.1. they come with non-excludable warranties, including that we are the rightful owner, the goods are reasonably fit for their purpose, are not damaged, and match any description or sample, but
30.4.2. our liability for breach of those warranties is limited, at your option, to:
30.4.2.1. replacing the goods (or paying the cost of doing so),
30.4.2.2. supplying equivalent goods (or paying the cost of doing so),
30.4.2.3. repairing the goods (or paying the cost of doing so). These warranties are separate from any manufacturer’s warranty.
30.5. Services under $40,001 If we su...
Obligations and liability. 12.1. Any client who fails to fulfil or improperly fulfils its obligations under the law, these General Terms and Conditions and Agreements will be liable to compensate BackOfficer or third parties involved for any resulting loss. In that case, the Client also indemnifies BackOfficer in respect of any third-party claims.
12.2. The Client is required to take out adequate insurance for (potential) liabilities.
12.3. BackOfficer is liable for damages in the event of an attributable failure to comply with the Agreement. BackOfficer’s liability is at all times limited to direct damage and the amount that BackOfficer’s liability insurance actually pays out in such cases. The situation is different in case of intentional or knowingly reckless acts on the part of BackOfficer. A liability claim against BackOfficer expires within 12 months.
12.4. All Confidential Information obtained by the Parties in the context of the performance of the Agreement shall be kept secret and not disclosed to third parties.
