Supplier Liability. Supplier agrees that it is fully responsible for all acts and omissions of all Supplier Personnel, including their gross negligence or willful misconduct. Except for liability arising from any combination of:
i. any intentional or willful misconduct, fraud, or recklessness of Supplier or any Supplier Personnel; or
ii. claims for bodily injury, including death, and damage to real property or tangible property resulting from the negligence of a Supplier or any Supplier Personnel, Supplier’s indemnification obligations and liability shall not exceed, in aggregate, twice the value of the Contract. This limitation will apply on a per-incident basis; it being understood that multiple losses stemming from the same root cause constitute a single incident.
Supplier Liability. Supplier agrees that it is fully responsible for all acts and omissions of all Supplier Personnel, including their gross negligence or willful misconduct. Except for liability arising from any combination of:
Supplier Liability. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
Supplier Liability. Except for liability arising from any combination of:
Supplier Liability. (a) Subject to clause 19.2, the maximum aggregate liability of the Supplier for all Loss and Claims under or in connection with this agreement or its subject matter, regardless of whether such liability is based on breach of contract, tort (including negligence), equity, under statute, or otherwise, is limited to * * *.
(b) The limitation in clause 19.1 does not apply in relation to liability for Loss or Claims in respect of which the Supplier is, under this agreement, required to obtain insurance, provided that any liability of the Supplier to XL for such Loss or Claim will not exceed the higher of:
(i) the limitation in clause 19.1; and
(ii) the amount of insurance cover the Supplier is required to carry in respect of such liability.
Supplier Liability. 1. Subject to clause 7 and to the extent permitted by law, the liability of the Supplier and its employees or agents for a breach of any warranty or liability implied by this Agreement, is limited, at Olympus' option, to the supplying of the Services again or the payment of the cost of having the Services supplied again.
2. Notwithstanding clause 8.1, the Supplier is liable for all liabilities and losses incurred by Olympus (and users of Services) in connection with a demand, action, arbitration or other proceeding, arising directly or indirectly as a result of or in connection with:
(a) a breach by the Supplier of any representation or warranty or guarantee provided in this Agreement or implied by law; or
(b) a breach or non-performance of any obligation of the Supplier under this Agreement, whether express or implied.
3. The Supplier is liable for all legal costs and other expenses, on a full indemnity basis, incurred by Olympus in connection with matters referred to in clause 8.2.
4. The provider of the warranties under this Agreement is the Supplier.
5. Other than as expressly provided for in this clause 8 and subject to the limitations in clause 7, Olympus, its contractors and/or agents will not be liable for any loss or damage (including consequential loss or damage, which includes without limitation, loss of profit and loss of revenue) suffered in connection with the Services except in circumstances where such loss or damage is due to the gross negligence of Olympus, its contractors and/or agents.
Supplier Liability. Subject to the other provisions of this Clause 14, the liability of the Supplier (or any of its employees, agents or sub-contractors) in connection with this Framework Agreement for any Default shall be subject to the financial limits set out in this Clause: the liability for any loss or damage to the tangible property resulting from a Default by the Supplier or series of such Defaults arising in any rolling twelve (12) month period shall in no event exceed one million pounds (£1,000,000); the liability under this Framework Agreement for any Loss as a result of a Default by the Supplier or series of such Defaults arising in any rolling twelve (12) month period (other than liability for loss of or damage to tangible property or the Termination Payment) shall in no event exceed one million pounds (£1,000,000). Subject to the other relevant provisions of this Clause 14 (excluding Clause 14.2.1), the liability of the Supplier (or any of its employees, agents or sub-contractors) arising in any rolling twelve (12) month period arising out of or in connection with any infringement or alleged infringement of any Third Party IPR by the normal use and enjoyment of the Authority Services or the performance of the Supplier’s obligations under this Framework Agreement, (except to the extent that such liabilities have resulted directly from the Authority’s failure properly to observe its obligations under Clause 7), shall in no event exceed one million pounds (£1,000,000).
Supplier Liability. Supplier agrees that it is fully responsible for all acts and omissions of all Supplier Personnel, including their gross negligence or willful misconduct. Except for liability arising from any combination of:
i. any intentional or willful misconduct, fraud, or recklessness of Supplier or any Supplier Personnel; or
ii. claims for bodily injury, including death, and damage to real property or tangible property resulting from the negligence of a Supplier or any Supplier Personnel; or
iii. Supplier’s confidentiality, security compliance, or data privacy and security obligations as specified in this Contract, Supplier’s indemnification obligations and liability shall not exceed, in aggregate, twice the value of the Contract. This limitation will apply on a per-incident basis; it being understood that multiple losses stemming from the same root cause constitute a single incident.
Supplier Liability. Supplier shall be liable for any loss, theft, damage or destruction suffered by Teralon or its clients resulting from the acts or omissions (whether innocent, negligent, reckless, wilful or otherwise) of Supplier and/or any Personnel, including any indirect, incidental, consequential, punitive, special or other similar damages.
Supplier Liability. (a) Subject to clause 19.3, the maximum aggregate liability of the Supplier for all Loss and Claims under or in connection with this agreement or its subject matter, regardless of whether such liability is based on breach of contract, tort (including negligence), equity, under statute, or otherwise, is limited to the higher of the amount paid and payable by XL under this agreement and US$ 5 million.
(b) The limitation in clause 19.1(a) does not apply in relation to liability for Loss or Claims in respect of which the Supplier is, under this agreement, required to obtain insurance, provided that any liability of the Supplier to XL for such Loss or Claim will not exceed the higher of:
(i) the limitation in clause 19.1(a); and
(ii) the amount of insurance cover the Supplier is required to carry in respect of such liability.
