Subject to Clauses A. 15.4 and A.15.6, the Contractor will only be entitled to an extension of time to the Completion Date where:
(a) the Supply is delayed by a Qualifying Cause which will prevent the Contractor from achieving Completion by the Completion Date;
(b) the Supply is not concurrently delayed (in whole or to the extent of any part) by a cause that is not an Qualifying Cause;
(c) within 5 Business Days after the commencement of the Qualifying Cause, the Contractor gives Notice to the Principal setting out the Qualifying Cause, the particular activities that are delayed and the extension of time to the Completion Date that is claimed; and
(d) if the delay continues beyond the extension of time claimed by the Contractor under Xxxxxx X.15.3(c), the Contractor gives the Principal an updated Notice every 5 Business Days that satisfies the requirements of Clause A.15.3(c) until the delay ends.
Subject to Clauses A. 9.1 and A.9.2, the liability of Crealis Labs for Defaults shall be subject to the financial limits set out in this clause A.9.3 as follows:
A.9.3.1 the aggregate liability of Crealis Labs for each Default or set of connected Defaults of Crealis Labs or its Personnel resulting in direct loss of or damage to the tangible property of The Customer shall in no event exceed fifty thousand pounds (£20,000.00) in any twelve (12) month period;
A.9.3.2 save for liability for Defaults which cause direct loss of or damage to the tangible property of The Customer, The Customer shall insure its tangible property to its full replacement value against all normal commercial risks and Crealis Labs shall have no liability whatsoever to The Customer for any loss of or damage to The Customer’s tangible property;
A.9.3.3 in the case of any other loss or damage caused by a Default of Crealis Labs or of its Personnel or any other liability (whether in contract, tort, for breach of statutory duty or otherwise) arising under or in relation to this Agreement, the aggregate liability of Crealis Labs shall not exceed one hundred per cent (100%) of the aggregate of the Service Charges paid for the Services or the price paid for the Goods in relation to which the Default or liability arose.
Subject to Clauses A. 9.1 and A.9.2, Crealis Labs shall not be liable to The Customer whether in contract, tort, statutory duty or otherwise for any loss which is or which represents loss of or reinstatement of data, misdirection or non-delivery or non- publication of data, loss of profits, loss of goodwill, loss of revenue, business interruption, loss of production, management time, third party liability, loss of use of any tangible or intangible asset, loss of anticipated savings, loss of contracts and/or any indirect, special or consequential loss.
Subject to Clauses A. 9.1 and A.9.2, Crealis Labs accepts no responsibility for any viruses introduced to The Customer’s premises, equipment, systems or networks no matter how so introduced.
Subject to Clauses A. 9.1 and A.9.2, Crealis Labs shall have no liability under or in relation to this Agreement for any Default which would not have arisen but for or which is caused by The Customer’s Default.
Subject to Clauses A. 8.1 Medhurst shall have no liability under or in relation to the Agreement to the extent that any default by Medhurst results from a default of the Customer.
Subject to Clauses A. 9.1 and A.9.2, Firstserv shall have no liability under or in relation to this Agreement for any Default which would not have arisen but for or which is caused by The Customer’s Default.
Subject to Clauses A. 9.1 and A.9.2, Firstserv shall not be liable to The Customer whether in contract, tort, statutory duty or otherwise for any loss which is or which represents loss of or reinstatement of data, misdirection or non-delivery or non-publication of data, loss of profits, loss of goodwill, loss of revenue, business interruption, loss of production, management time, third party liability, loss of use of any tangible or intangible asset, loss of anticipated savings, loss of contracts and/or any indirect, special or consequential loss.
Subject to Clauses A. 9.10 and A.9.11, the Client will pay the Consultant, or the Consultant will pay to the Client, as the case may be, the amount of the Payment Schedule within 5 Business Days of the date of the Payment Schedule. Any payment by the Client is on account only, and is not evidence of any part of the Services having been carried out in accordance with the requirements of the Contract.
