Vendor’s Liability. The Vendor is responsible for all of its obligations under this Contract, including the Work, regardless of whether a subcontract or supply agreement is made or whether the Vendor relies upon any Subcontractor to any extent. The Vendor's use of Subcontractors for any of the Work shall in no way increase the Vendor's rights or diminish the Vendor's liabilities to the Owner with respect to this Contract, and in all events, except as otherwise expressly provided for herein, the Vendor's rights and liabilities hereunder with respect to the Owner shall be as though the Vendor had itself performed such Work. The Vendor shall be liable for any delays caused by any Subcontractor as if such delays were caused by the Vendor.
Vendor’s Liability. 10.2.1 The Vendor is the general contractor for the Work and remains responsible for all of its obligations under the Documents, including the Work, regardless of whether a subcontract or supply agreement is made or whether the Vendor relies upon any Subcontractor to any extent. [***].
10.2.2 The terms of the Documents shall in all events be binding upon the Vendor regardless of and without regard to the existence of any inconsistent terms in any agreement between the Vendor and any Subcontractor whether or not and without regard to the fact that Reliance may have directly and/or indirectly had notice of any such inconsistent term.
Vendor’s Liability. Vendor is responsible for all of its obligations under this Agreement, including the Work, regardless of whether a subcontract or supply agreement is made or whether Vendor relies upon any Subcontractor to any extent. Vendor’s use of Subcontractors for any of the Work shall in no way increase Vendor’s rights or diminish Vendor’s liabilities under this Agreement, and in all events, except as otherwise expressly provided for herein, Vendor’s rights and liabilities hereunder shall be as though Vendor had itself performed such Work. Vendor shall be liable for any delays caused by any Subcontractor as if such delays were caused by Vendor.
Vendor’s Liability. The Vendor shall be jointly and severally liable in the event of any breach of any obligation or liability under this agreement (including, without limitation, in respect of the Warranties).
Vendor’s Liability. The liability of the Vendor for compensation of Losses for a Breach will be limited as follows:
8.1.1 the Vendor’s maximum aggregate liability under this Agreement, other than for a Breach of Clause 2 of Schedule 6.1, is limited to an amount equal to the Deferred Fixed Purchase Price and the Deferred Performance-Based Purchase Price, provided that any portion of the Deferred Fixed Purchase Price and/or the Deferred Performance-Based Purchase Price already received by the Vendor at the time it receives the relevant claim for Losses, shall in no event have to be repaid by the Vendor and the Vendor’s maximum aggregate liability under this Agreement is progressively decreased with an amount equal to any such amounts paid by the Purchaser;
8.1.2 notwithstanding Clause 8.1.1, the liability of the Vendor for a Breach of Clause 5 of Schedule 6.1 shall survive the thirty-first January 2013 and remain EUR 1,200,000 (one million two hundred thousand Euros) until expiry of the statutory limitation period for such liability in the relevant jurisdiction plus three (3) months.
8.1.3 the Vendor’s maximum aggregate liability for a Breach of Clause 2 of Schedule 6.1 is limited to the amount of the Purchase Price;
8.1.4 no claim for liability for a Breach can be made unless and until an individual claim exceeds an amount of EUR 10,000 (ten thousand Euros) per Breach and unless and until the amount of all claims made in respect of Breaches exceeds an amount of EUR 250,000 (two hundred and fifty thousand Euros), in which event the Vendor shall be liable for the entire amount of Losses and not merely the excess; and
8.1.5 the right to claim for a Breach will lapse:
8.1.5.1 in respect of Taxes, upon expiry of the statutory limitation period for such liability in the relevant jurisdiction plus three (3) months;
8.1.5.2 in respect of Clause 5.3, on the third anniversary of the Closing Date, notwithstanding the Noncompetition Period, if, prior to the close of business on the last Business Day of the Noncompetition Period, the Vendor has been notified of a Claim hereunder and such Claim has not yet been finally resolved or disposed of at such date, such Claim shall survive the aforesaid Noncompetition Period and shall remain a basis for compensation of Damages hereunder until such Claim is finally resolved or disposed of; and
8.1.5.3 in all other cases, on the 31st of March 2011, provided that the Vendor’s liability for a Breach of Clause 2 of Schedule 6.1 will not be limited in tim...
Vendor’s Liability. 8.1 Unless otherwise expressly provided in this agreement, any covenant, undertaking, warranty, indemnity or other obligation given or assumed by more than one Vendor in this agreement is given or assumed severally.
8.2 The Purchaser may release or compromise the liability of any Vendor under this agreement or grant any time or other indulgence to any Vendor without affecting the liability of any other Vendor provided that the liability of the other Vendors is not increased beyond their respective Relevant Amounts of such liability.
8.3 Where a liability of one or some but not all of the Vendors is or becomes illegal, invalid or unenforceable in any respect, that shall not affect or impair the liabilities of the other Vendors under this agreement, provided that the liability of the other Vendors is not increased beyond their respective Relevant Amounts of such liability.
Vendor’s Liability. 9.1 Unless otherwise expressly provided in this agreement, any representation, covenant, undertaking, warranty, indemnity or other obligation given or assumed by more than one Vendor in this agreement is given or assumed on a several basis and, in particular, all covenants, warranties and indemnities given by SM in this agreement are given on a several basis only.
9.2 The Warranties (other than the Fundamental Warranties), Indemnities (other than in relation to a Warranty Claim for breach of the Fundamental Warranties) and Tax Covenant are given by the Founders on a joint and several basis.
9.3 The Purchaser may release or compromise the liability of any Vendor under this agreement or grant any time or other indulgence to any Vendor without affecting or increasing the liability of any other Vendor.
9.4 Where the liability of one or some but not all of the Vendors is or becomes illegal, invalid or unenforceable in any respect, that shall not affect or impact the liabilities of the other Vendors in this agreement.
Vendor’s Liability. QBE will indemnify the insured’s vendor, with whom the insured has entered into a written contract for the distribution or sale of technology products, for legal liability to pay compensation to any person or entity (other than the insured) PROVIDED THAT no cover shall be afforded to the vendor for any modification, representation or warranty unauthorised by the insured.
Vendor’s Liability. 11.1.1. The vendor's liability is limited to direct losses only resulting from a product defect or the breach of this agreement, even if the defect in question was foreseeable at the time of concluding the agreement.
11.1.2. On no account may the vendor be held liable for indirect, secondary or special damage, notably the cost of obtaining alternative products, loss of profit, data or downtime, whether its liability is contractual or criminal or based on the guarantee mentioned in article 10 above, and whether or not it is founded on the use or functioning of the products, even if the vendor warned of the possibility of such damage.
11.1.3. The vendor may not be held liable for non-performance of the agreement in case of force majeure as defined by the case law of French courts and in case of damage caused by a third party or ascribable to misuse or non- compliant use of the products by the buyer, in breach of the vendor's requirements or good practice.
11.1.4. Apart from physical injury or death, and save case of gross negligence or wilful misconduct causing proven direct damage, the buyer recognizes that the repair and, where appropriate, replacement of the products, in accordance with these GTS, represents the only fair compensation of any loss caused by a malfunction of the said products ascribable to the vendor. In the event that the products cannot be replaced or repaired, the vendor's liability will be limited to the amount the buyer paid to the vendor for the products in question. The parts packaged in a bag are weighed not counted. That being the case, on no account may the vendor be held liable for the absence of a few units more or less. A tolerance of 5% more or less is accepted on the number of parts.
Vendor’s Liability. Any liability to the Purchaser under this Agreement may in whole or in part be released, compounded or compromised or time or indulgence given by the Purchaser in its absolute discretion as regards any of the Vendors under such liability without in any way prejudicing or affecting its rights against any other or others of the Vendors under the same or a like liability.
