Parties’ Liability. 28.1 None of the following occurrences shall constitute a breach of this Agreement by the Landlord, a termination of the Term, an active or constructive eviction or an occurrence requiring an abatement of Rent:
28.1.1 the inability of the Landlord to provide any utility or service to be provided by the Landlord, as described in section 8 of this Agreement which is due to causes beyond the Landlord’s control, or to necessary or advisable improvements, maintenance, repairs or emergency, so long as the Landlord uses reasonable efforts and diligence under the circumstances to restore the interrupted service or utility;
28.1.2 any improvement, modification, alteration or other change made to the Carnegie Center Complex, the Property, the Building or the Common Facilities by the Landlord consistently with the Landlord’s obligations set forth in subsection 13.2 of this Agreement; and
28.1.3 any change in any Federal, state or local law or ordinance.
28.2 Except for the commencement, duration or termination of the Term (other than under the circumstances contemplated by subsection 15.1 of this Agreement), the Tenant’s obligation to make timely payments of Rent, the Tenant’s obligation to maintain certain insurance coverage in effect, the Tenant’s failure to perform any of its other obligations under this Agreement if such failure has caused loss or damage that cannot promptly be cured by subsequent act of the Tenant and the period within which any type of option or optional right exercisable by the Tenant must be exercised, any period of time during which the Landlord or the Tenant is prevented from performing any of its respective obligations under this Agreement because of fire, any other casualty or catastrophe, strikes, lockouts, civil commotion, acts of God or the public enemy, governmental prohibitions or preemptions, embargoes or inability to obtain labor or material due to shortage, governmental regulation or prohibition or any other cause beyond the Landlord’s control, shall be added to the time when such performance is otherwise required under this Agreement.
28.3 In the event the Landlord is an individual, partnership, joint venture, association or a participant in a joint tenancy or tenancy in common, the Landlord, the partners, venturers, members and joint owners shall not have any personal liability or obligation under or in connection with this Agreement or the Tenant’s use and occupancy of the Leased Premises; but recourse shall be limited exclusiv...
Parties’ Liability. (i) Broker-Dealer shall indemnify and hold Distributors and Companies, and each of their respective directors, officers, and employees, harmless from any Costs sustained by Companies and/or the Distributors (including reasonable attorneys' fees) on account of any claim, arising out of, based upon, or otherwise relating to: (a) any breach of any representation, warranty, covenant, agreement or other obligation of Broker-Dealer or any Affiliate contained in this Agreement; (b) a violation of state and/or federal laws, regulations or rules, or the rules and regulations of any applicable self-regulatory organizations by Broker-Dealer or any Affiliate; (c) negligent, fraudulent, illegal or wrongful action or inaction by Broker-Dealer or any Affiliate or by persons employed or appointed by Broker-Dealer. In any of the foregoing cases Broker-Dealer or any Affiliate shall be an "Indemnitor" as such term is used in this Agreement and each of the Distributors and the Companies, and each of their directors, officers and employees, as applicable, shall be an "Indemnitee" as such term is used in this Agreement.
(ii) Each Affiliate shall indemnify and hold Distributors and Companies, and each of their respective directors, officers, and employees, harmless from any Costs sustained by Companies or Distributors (including reasonable attorneys' fees) on account of any claim, arising out of, based upon, or otherwise relating to: (a) any breach of any representation, warranty, covenant, agreement or other obligation of the Affiliate contained in this Agreement; (b) a violation of state and/or federal laws, regulations or rules, or the rules and regulations of any applicable self-regulatory organizations by Affiliate; (c) negligent, fraudulent, illegal or wrongful action or inaction by the Affiliate or by persons employed or appointed by the Affiliate. In any of the foregoing cases the Affiliates shall be an "indemnitor" as such term is used in this Agreement and each of the Distributors and the Companies, and each of their directors, officers and employees, as applicable, shall be an "indemnitee" as such term is used in this Agreement.
(iii) Distributors shall indemnify and hold Broker-Dealer, and its directors, officers, and employees, harmless from any Costs sustained by Broker-Dealer (including reasonable attorneys' fees) on account of, arising out of, based upon, or otherwise relating to: (a) any breach of any representation, warranty, covenant, agreement or other obliga...
Parties’ Liability. Customer’s sole recourse and remedy under this Agreement for a breach hereof or a default hereunder shall be against SABINE and its assets. Except as otherwise provided herein, SABINE’s sole recourse and remedy under this Agreement shall be against Customer and its assets for a breach hereof or a default hereunder. In the event of a breach of this Agreement, the non-breaching Party shall exercise commercially reasonable efforts to mitigate its damages resulting therefrom.
Parties’ Liability. 7.1 Non-fulfilment and/or unduly fulfilment of obligations undertaken by any of the signatory parties to this Contract implies liability of the defaulting party.
7.2 The Board Member is liable for the culpable breach of legal provisions, of the Contract provisions, of the provisions included in the resolutions adopted by the General Meeting of Shareholders and the provisions of the Articles of Incorporation, these may cause his/her revocation.
Parties’ Liability. 14.1. Parties are held liable for direct material damages caused to the other Party or a third party by non-performance or undue performance of obligations undertaken with the Agreement pursuant to this Agreement and legislation.
14.2. SK is liable for the correctness of information issued by Services.
14.3. In case of Proxy Certificate Validation Service, SK is responsible for making sure that the most recent validity information transmitted by the certificate issuer is used to issue the response.
14.4. SK is not liable for the substance of the transaction based on the issued validity confirmation or time stamps.
14.5. SK is not liable for any breach of obligation set forth in section 8.4 by the Subscriber.
14.6. The Subscriber is entitled to claim within 30 (thirty) days as of the moment when the Subscriber became or should have become aware of the claim for a contractual penalty for time exceeding the permitted Service outage time provided in section 9, limited to:
14.6.1. 1 of Service Charges per minute of outage during the course of a Business Day; and,
Parties’ Liability. 21.1. The debts, liabilities, and obligations of StanCOG shall not be debts, liabilities, or obligations of the Parties to this Agreement either singly or collectively.
Parties’ Liability. Each party to this Agreement shall be liable to and shall indemnify the other parties under this Article IX as follows:
Parties’ Liability. 9.1 In case of unexpected events or circumstances beyond the SOLITEK‘s reasonable control, including strikes, raw material delivery delays, riots, etc., Product delivery time will be respectively extended. Parties shall not be responsible for non-fulfilment or improper fulfilment of General terms & conditions caused by Force Majeure conditions, approved by Lithuanian Government act No. 840.
9.2 Parties confirm that interest and penalty rates in chapters 3.2, 3.3 of General terms & conditions are acceptable and determined in accordance with principles of fairness and justice, and are assimilated to predefined minimal losses of value which is economically based and meets the interests of the Parties.
Parties’ Liability. The Parties shall not be liable beyond the amount of their respective capital contributions and loans for any of the debts, obligations, losses or other liabilities of the Company, except to the extent that any Party may have guaranteed an obligation of the Company. The Parties shall cause the Company to procure insurance for the Company, its employees and the parties in amounts determined by the Board. Such insurance shall include liability, property, workers’ compensation, employment and other insurance commonly procured by similar companies.
Parties’ Liability. 11.1. If a Party fails to perform its contractual obligations or a part thereof, the said defaulting Party shall compensate for the damage it has caused to the non-defaulting Party.
11.2. If it is not possible to provide the Hotel services, the Hotel shall accommodate the Consumer in the other local Hotel providing equivalent services at the Consumer’s request.
11.3. If the Consumer finds any defects in the services provided, or a discrepancy between the services and the assigned Hotel category, the Consumer shall be entitled to request, at his or her own option: - to eliminate the defects without compensation and within the period set by the Parties; - to receive a corresponding reduction in the price for the service provided. The Hotel shall take actions to eliminate defects in the service provided within the period agreed with the Consumer. The Consumer shall be entitled to withdraw from the Hotel Accommodation Agreement and to claim full compensation for damages in accordance with applicable laws if the Hotel failed to eliminate the defects within a specified period. The money paid by the Consumer for the services shall be refunded on the date of Agreement termination or within a different term as agreed, in any case within 7 banking days from the date of a relevant request. No claims or complaints shall be accepted after the Consumer has left the Hotel. The Hotel shall not be liable for the defects in services provided if it can prove that they were caused by the Consumer (the Consumer's guests) or by the force majeure.
11.4. The Hotel shall be liable for damage to life, health or property of the Consumer, which occurred in connection with deficiencies related to the provision of services, in accordance with applicable laws of Ukraine. The procedure and amount of compensation shall be determined in accordance with applicable laws.
11.5. The Hotel shall not be liable for damages caused to the life, health or property of the Consumer caused by the force majeure.
11.6. Compensation for damage caused by the loss or damage to the Hotel property shall be made by the Consumer in accordance with the terms of this Agreement and applicable laws of Ukraine.
11.7. In the event of loss or damage through the fault of the Consumer/Consumer's guests/Consumer's pets, the Customer shall compensate to the Hotel the amount of such damage as determined in accordance with the price list posted at the Hotel reception desk, and in the absence of such price list – at the mark...
