Parties Liabilities. Art. 24. Non-fulfilment and/or inappropriate performance of obligations undertaken by any party to this Director Agreement shall result in the contractual liability of the party in default. Art. 25. The Party who caused termination of this Director Agreement by culpable breach and /or culpable inappropriate fulfilment of undertaken obligations is liable to the other party for all damages arising out of Director Agreement termination.
Parties Liabilities. 8.1. The Contractor shall be held liable under the Agreement only if the Contractor acted premeditatedly in order to breach liabilities under this Agreement.
8.2. In case the Customer's Employee hands over the password to any other third party (including that holding a power of attorney provided by the Customer) and in case of any breach of confidentiality regarding the password to its Account, the Customer shall pay a RUB 50,000 penalty to the Contractor.
8.3. If Clause 3.16 of the Agreement is violated the Customer shall pay the Contractor a RUB 50,000 penalty for every case of violation.
8.4. Penalties stipulated in the Agreement shall be payable within five business days after a corresponding claim is filed by the Contractor.
Parties Liabilities. Each contractual parties have right to requset from other party to fulfill the undertaken obligations of the contract and active legislation in a good faith. The parties are liable for non-performance or improper performance of the contractual obligations in compliance of active legislation of Georgia. If the Client delays payment of service fee stipulated in Article 5.1. of the contract for two weeks he/she will be charged with penalty 0.25% of the payable sum for each overdue day. Article
Parties Liabilities. Non-fulfilment and/or inappropriate performance of obligations undertaken by any party to this Director Agreement shall result in the contractual liability of the party in default, under the law.
Parties Liabilities. 17.1. The Fund Manager is liable for any Damages suffered by the Customer as a result of:
(a) any actual or alleged act, error, omission, misleading statement or breach of fiduciary duty or other duty committed in the performance of, or failure to perform its administrative functions as Sole Director of the Customer in accordance with the Constitutive Act, the provisions of the Companies Law, the Law No. 297/2004, Law no. 24/2017 and the Romanian Civil Code;
(b) infringement of the applicable legislation;
(c) infringement of the Customer’s internal rules, including the investment restrictions under the IPS;
(d) fraud;
(e) wilful default in performing this Management Agreement;
(f) negligence in the performance of this Management Agreement’s obligations; or
(g) material breach of this Management Agreement. For avoidance of doubt, the Fund Manager’s liability under this clause 17.1 shall not exclude or limit its liability for death or personal injury caused by the Fund Manager’s negligence; or fraud or fraudulent misrepresentation.
17.2. The Fund Manager’s liability towards the Customer and its investors shall not be affected by any delegation. The Fund Manager shall also be liable for the negligence, wilful default, fraud or material breach of this Management Agreement by its Delegates, or its or their employees. The Fund Manager shall exercise all due care in its selection, use and monitoring of Delegates and shall indemnify and hold harmless the Customer from and against any Damages suffered or incurred by the Customer and caused by any failure to exercise all due care. The Fund Manager shall make reasonable efforts to resume normal performance of the services following, and to mitigate the consequences of, an event beyond its and its Delegates’ reasonable control.
17.3. The Fund Manager shall not be liable for the actions of brokers (not being Associated Companies of the Fund Manager) save to the extent that the Fund Manager has acted negligently in selecting, contracting or monitoring or using such persons. Without prejudice to clause 6.11 above, in selecting a broker for a particular transaction, the Fund Manager shall attempt to obtain best execution for the Customer. Notwithstanding this responsibility, the Fund Manager will pursue counterparties on the Customer’s behalf and account to the Customer for all recoveries against such counterparties.
(a) The Fund Manager agrees to indemnify and hold harmless each Indemnified Party from and against any and...
Parties Liabilities. Each contractual parties have the right to request from another party to fulfill the undertaken obligations of the Agreement and applicable legislation in a good faith; The parties are liable for non-performance or improper performance of the contractual obligations in compliance with active legislation of California. If the Client breaches any obligations of the Agreement, including but not limited to not to provide new content, photos, videos within 28 days, the Company is entitled to terminate and/or suspend this Agreement, request full reimbursement of the expenses, and impose the penalty with the amount of the Client's current monthly revenue.
Parties Liabilities. 7.1. Seller’s risk of loss of the Equipment under this Agreement is as specified in Clause 4.3 of this Agreement. After that, it will be transferred to Buyer.
7.2. Upon occurrence of condition specified in Clause 4.3 of this Agreement Buyer assumes all risks and is liable for damage and losses suffered by Equipment except for cases, when damage and losses result from Equipment defects including latent ones, as well as from other Seller’s action/inaction. Seller is liable for defects within the warranty period equal to at least 12 months from the date of delivery.
7.2.1. If Seller fails to commence to rectify the revealed defects using Seller’s own resources within a 30-days period from the date of their detection by Buyer, the latter is entitled at its own convenience: • to repair at its own expense the latent defects revealed in Equipment with subsequent charging of costs incurred to Seller; • to reduce adequately the price of Addendum specified by this Agreement and to claim for overpaid amount from Seller.
7.3. In case of Equipment delivery delay resulting from Freight Carrier action/inaction (vessel late arrival to a port, unavailability of railcars, etc.) or force majeure Seller is not to blame for the above Equipment delivery delay. Delivery issues shall be settled between Seller and Buyer as work proceeds.
7.4. In case of Equipment delivery delay exceeding sixty (60) working days (except for force majeure circumstances) Buyer is entitled to terminate this Agreement with a simultaneous fax notification to Seller.
7.5. In case of this Agreement termination by Buyer for the reasons specified in Clause 7.4 of this Agreement, Seller shall return to Buyer’s account the prepaid Xxxxxxx Money net of any payments for Equipment delivered (if any).
Parties Liabilities. 17.1. The Fund Manager is liable for any Damages suffered by the Customer as a result of:
(a) infringement of the applicable legislation;
(a) any actual or alleged act, error, omission, misleading statement or breach of fiduciary duty or other duty committed in the performance of, or failure to perform its administrative functions as Sole Director of the Customer in accordance with the Constitutive Act, the provisions of the Companies Law, the Law No. 297/2004, Law no. 24/2017 and the Romanian Civil Code;
(b) infringement of the applicable legislation;
(c) infringement of the Customer’s internal rules, including the investment restrictions under the IPS; (cd) fraud;
Parties Liabilities. 4.1. If obligations for this Contract, annexes or additional agreements failed to be performed or are improperly performed, the Parties shall bear responsibility in accordance with the legislation of the Russian Federation.
4.2. The Parties shall not be liable for any failure to perform the terms of this Contract if the failure was caused to force majeure as defined in the Article No. 401 of the Civil Code of the Russian Federation.
Parties Liabilities. 17.1. The Fund Manager is liable for any Damages suffered by the Customer as a result of: a) infringement of the applicable legislation; b) infringement of Customer’s internal rules, including the investment restrictions under the IPS; c) fraud; d) wilful default in performing the Agreement; e) negligence in the performance of this Management Agreement’s obligations; or (f) material breach of the Agreement.
