Responsibility of the Parties. The Parties undertake to indemnify each other for any damage (loss) caused by their partial or complete non-performance or improper performance of the Agreement, and the indemnification of damage (loss) does not relieve the Parties from the performance/payment of their obligations under the Agreement. In addition, the Customer shall be liable for any damage (loss) caused to the Bank by its partial or complete non-performance or improper performance of the Agreement. Inter alia, in the event of a breach of the term specified in the subsection 3.3.6. of Annex N1 to the Bank Guarantee Agreement, Bank is entitled to charge the Customer with additional amount of the respective Interest (as the damage (loss) inflicted) for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written application. Indemnification of the damage (loss) does not release the Customer from the performance/payment of the obligations under the Agreement. Notwithstanding the guarantees specified in Sections 5.1 and 5.2. of Annex N1 to the Bank Guarantee Agreement, in order to ensure full and proper performance of the Customer’s obligations under the Agreement, and, respectively, to secure the Bank’s rights and claims, the Customer hereby expressly gives its prior consent that the Bank is fully authorized to: In the case of several debt arrears, determine the sequence and order of payments of Bank Guarantee and the payments under it; Block any Account of the Customer without acceptance in the amount of the payment due and in accordance with its applicable rules until any payment is under the Agreement is fully and duly covered; Write off without acceptance all payments due from the any Account of the Customer, and if the payment due and the amount available on the Account are in different currencies, the Bank itself can perform conversion at the commercial rate of exchange applicable at the Bank on the date of payment or the rate of exchange agreed with the Customer (if any), and write off also the conversion cost without acceptance from the Account, and channel the converted amount to cover the appropriate payments. During the period of Force Majeure, the Bank shall not be liable for complete or partial nonfulfillment or improper fulfillment of its obligations under the Agreement. In the event of Force Majeure, the Parties shall be guided by ICC Uniform Rules. Any official communication between t...
Responsibility of the Parties. 9.1. In the event of non-performance or improper performance of their obligations under this contract, the Parties shall be liable in accordance with the legislation of the Russian Federation.
9.2. The Organizer shall not be responsible for ignorance or non-compliance of the Participant with the requirements and rules established by the Organizer.
9.3. The Organizer shall not be liable for any losses or moral damage incurred by the swim participant as a result of not reading, erroneous understanding or misunderstanding of the terms of this contract and the relevant Swim Regulations.
9.4. The Organizer shall not be liable for any damage caused by the attendant circumstances to the Participant and / or his property during the Event due to the fault of the Participant himself, other participants or third parties.
9.5. The swim participant does not object to any possible first medical aid provided by the Organizer.
Responsibility of the Parties. Each party to this Agreement assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility to the other party for any third party claims.
Responsibility of the Parties. Each party agrees it shall not be responsible for any claims, losses, damages, liabilities, costs, expenses or obligations arising out of or resulting from the negligent or willful misconduct of the other party, its officers, employees or agents in the performance of services pursuant to this Agreement.
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of der...
Responsibility of the Parties. 11.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement and the applicable laws;
11.2. The Client shall not use the service under this Agreement for the purposes prohibited by laws;
11.3. The Bank shall not be responsible for:
11.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client;
11.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by:
11.3.2.1. a transaction effected at the Client’s instruction;
11.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank;
11.3.2.3. a Client’s incorrect and/or incomplete application and/or statement;
11.3.2.4. Client’s failure to exercise its contractual rights;
11.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person;
11.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank;
11.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money;
11.3.2.8. Blocking, withholding/write-off the transfer operation or/and a transferable sum or a part thereof for the purpose of prevention of legalization of the illicit income, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA);
11.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof.
11.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
Responsibility of the Parties. Possibility of profit gaining from the Transactions at OTC Forex market is inextricably linked with a risk of loss, so the Forex Company is not responsible for: losses incurred by the Client due to the use/alteration of leverage and (or) caused by alteration of prices for underlying assets unfavorable to the Client; for forcible closing of the Client’s position caused by reaching of the minimum value (Stop-out Level) of Margin Security Level; the Client’s losses caused by insufficient level of margin security in respect of his/her open positions; absence of liquidity at OTC Forex market at any time, i.
Responsibility of the Parties. The Parties undertake to indemnify each other against any loss (damage) incurred as a result of partial or full non-fulfillment or improper fulfillment of the Agreement, while compensation of loss (damage) does not exempt the Parties from fulfilment/payment of obligations assumed under the Agreement. In case of several overdue debts under the Agreement on the Secured Claims, the Bank is authorized to, with the purpose of meeting the Bank’s claims with the money received as a result of the foreclosure, determine the sequence and order of priority of existing payables. Any official relations between the Parties shall be in writing. A written notice for a Party can be delivered personally or sent by courier (including international courier) or mail (including insured mail). For the purpose to save time and taking into account the provisions outlined below, except submitting to the Owner of a claim on fulfillment ahead of term of financial liabilities arising out of the Agreement or/and the Agreement on the Secured Claims or notice on full or partial termination of the Agreement, a notice to the other Party may be delivered through email or other electronic means (including mobile banking, Internet banking), provided that in case of request of the other Party, the written notice will be delivered in the reasonable time as well. A notice shall be deemed delivered on the delivery date if a recipient confirms such delivery (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of a notice is not confirmed by the recipient, any such notice shall be deemed duly sent and received: In case of sending a written notice by courier or insured post – on the date of confirmation of delivery; In case of sending a notice through email and/or other electronic means – on the Banking day following the date of sending. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice. The Parties shall establish relations at the addresses/contact data outlined in the Agreement (or at any other address/contact data which one Party will inform the other in writing). A Party shall notify the other Party in a timely manner on change of the above address or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) ...
Responsibility of the Parties. 10.1. In case of non-fulfillment or improper fulfillment of their obligations under this agreement, the Parties are liable in accordance with the legislation of the Russian Federation.
10.2. The Organizer is not responsible for the ignorance or non-compliance of the Swim Participant with the requirements and rules established by the Organizer.
10.3. The Organizer is not responsible for any losses and moral damage suffered by the Swim Participant as a result of non-reading, misunderstanding or misunderstanding of the terms of this agreement and the relevant Provisions on the swim.
10.4. The Organizer is not responsible for damage caused by concomitant circumstances or damage caused to the Participant and/or his property during the Event due to the fault of the Participant, other Participants or third parties.
10.5. The swimmer does not object to the possible provision of first aid to him.
Responsibility of the Parties. 5.1. The Parties undertake to indemnify each other against any loss (damage) incurred as a result of partial or full non-fulfillment or improper fulfillment of the Agreement, while compensation of loss (damage) does not exempt the Parties from fulfilment/payment of obligations assumed under the Agreement.
5.2. In case of several overdue debts under the Agreement on the Secured Claims, the Bank is authorized to, with the purpose of meeting the Bank’s claims with the money received as a result of the foreclosure, determine the sequence and order of priority of existing payables.
