Scope of the Liability Sample Clauses

Scope of the Liability. Except for liability in accordance with section 6.1., the above limitations of liability will apply to all claims for damages, irrespective of the legal basis, including claims for tort damages. The above limitations of liability also apply in the case of claims for a Party’s damages against the respective other Party’s employees, vicarious agents or legal representatives. 6.5.
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Scope of the Liability. Each exemption from liability, defence or immunity available to SMX or to which SMX is entitled under the SMX Rules, shall also be available and shall extend to protect every one of SMX’s affiliates, Officers, employees, contractors, agents or members of committees formed under the SMX Rules, past or present. When the Customer instructs Xxxxxxx Futures to clear any Transaction on SMXCC by placing an Order with Xxxxxxx Futures, the Customer shall be deemed to have applied for the provision by Xxxxxxx Futures of clearing and settlement facilities and services for trades executed on the Singapore Mercantile Exchange Pte. Ltd (“SMX”) and accepted the terms in this Appendix 4 as additionally applying to all transactions cleared and settled on SMXCC. Capitalised terms in this Appendix 4 shall, unless otherwise stated, have the meanings set out in Clause 1.1 of the main body of this Agreement, or, if not defined in Clause 1.1 of the main body of this Agreement, shall have the meanings set out in the SMXCC Rules (which may be located on the website of SMX at the following url: <xxxx://xxx.xxx.xxx.xx/RulesNoticesCirculars/Index.aspx>. 1. The Customer shall: 1.1 without prejudice to the generality of Clause 9 of the main body of this Agreement, pay such Daily/Final Settlement Amount(s), Delivery Settlement, and any other settlement amounts due to Xxxxxxx Futures in such manner as Xxxxxxx Futures may in its sole and absolute discretion stipulate from time to time; 1.2 facilitate inspection of the books and accounts of the Customer by Xxxxxxx Futures as and when required by Xxxxxxx Futures in its sole and absolute discretion and, where the Customer is a Remote Member of SMX, to also facilitate inspection of the books and accounts by an external auditor appointed by Xxxxxxx Futures as and when required by Xxxxxxx Futures in its sole and absolute discretion; 1.3 subject to Applicable Laws, provide such information on its own Customers (as defined in the SMX Rules), including without limitation information on its Related Customers (as defined in the SMX Rules), and their positions to Xxxxxx Futures as may be required by Xxxxxxx Futures from time to time, and shall in this connection obtain such consent from its own Customers (including its Related Customers) as may be required under Applicable Law(s) or otherwise to ensure compliance hereof; and 1.4 comply with all Applicable Laws, including without limitation the rules of SMX and/or SMXCC and the notices issued from tim...
Sample 1
Scope of the Liability. Except for liability in accordance with section 6.1., the above limitations of 6. Begrenzung der Haftung 6.1.
Sample 1
Scope of the Liability. The obligation of the lessee for damages comprises the costs of an expert’s opinion and a processing flat rate of CHF 150 besides the actual damages (e.g. vehicle value or repair costs, transport, liability excess and loss of bonus). In a damaging event the lessor is entitled to have the cause of the damages, the scope and the amount of the damages deter- mined by an expert at the lessee’s costs. The lessee declares that it agrees that the findings and the amount of the damages of such an expert’s opinion shall be used as a basis for settling the damages with binding effect for him. If the vehicle cannot be used by the lessor as a result of a damaging event it can invoice the loss of use for the duration of the repair at the flat rate per diem rates agreed with the lessee. In case of total damages a loss of use of one week shall be invoiced as a flat rate. If the compensation payment is not made on time, a reminder fee of CHF 18 will be charged in each case from the time of the second reminder. All further costs, which are incurred as a result of and in connection with the collection of the compensation claim, will also be at the cost of the lessee.
Sample 1

Related to Scope of the Liability

  • Third Party Liability For the purposes of the Contracts (Rights of Third Parties) Xxx 0000 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

  • Indemnification Liability (a) The Licensee will be liable for and will indemnify and save harmless the Owner, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Owner Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Licensee of its obligations under this Agreement or any negligent act or omission relating to the Licensee’s use and occupation of the Equipment Room, the Building or the Lands under this Agreement, provided that the Licensee will not be required to indemnify the Owner Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Owner Indemnitees. Notwithstanding the foregoing, in no event will the Licensee be liable for or indemnify and save harmless any of the Owner Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages. (b) The Owner will be liable for and will indemnify and save harmless Licensee, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Licensee Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Owner of its obligations under this Agreement or any negligent act or omission relating to the Owner’s ownership or management of the Building or the Lands under this Agreement, provided that the Owner will not be required to indemnify any Licensee Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Licensee Indemnitees. Notwithstanding the foregoing, in no event will the Owner be liable for or indemnify and save harmless any of the Licensee Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages.

  • Coverage E – Personal Liability Coverage E does not apply to:

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