Liability. 1. The Bank shall be liable to the Client for the due and timely discharge of its obligations under the Contract. Bank’s obligations shall be discharged on time if discharged within the deadlines required by law, by the Contract, or within deadlines adequate to the nature of the obligations, business practice and market-standard banking practice. The Bank shall be liable to the Client for any damage suffered by the Client due to a breach by the Bank of its 64 Act of the Czech Republic No. 21/1992 Coll. on Banks, as amended, and related laws 65 Act No. 211/2000 Coll. on Free Access to Information, as amended (or any other generally binding law replacing it as far as the purpose and/or content is concerned) obligations under the Contract. If the Bank becomes obliged to compensate the Client for damage, this obligation of the Bank shall be limited to the actual damage and the Bank shall not be obliged to compensate lost profit or loss of goodwill, reputation, business opportunity or anticipated savings.
2. The Bank shall not be liable to the Client for any damage if:
a) the damage has been caused by an illegal act of the Client or a third party;
b) the damage has been caused by an act of the Client or by insufficient cooperation by the Client;
c) the damage has been caused by a breach of obligations of the persons acting in the name or on the account of the Client under the Contract;
d) the damage has been caused by the Bank’s acting in compliance with the Client’s instructions and requests or suffered by the Client due to its own business or non-business decisions;
e) the damage has been caused by the performance of a payment operation at the request of the client into the high-risk country where given the situation it is not possible to guarantee timely crediting of funds on the part of the recipient’s bank or it is possible to expect the payment be returned, decreased by the fees of the recipient’s bank;
f) the damage has been caused by the fact that the Bank acted in compliance with the Contract or that the Client breached the Contract;
g) the damage has been caused in a manner other than wilfully or by gross negligence;
h) the damage has been caused by activities or inactivity of the relevant public authorities or entities used by the Bank for payment operations;
i) the breach of the obligation was caused by exculpating reasons.
j) For the purposes of Section 373 of the Commercial Code, in addition to obstacles specified in Section 374 of the Commercial ...
Liability. Antal is not liable for any losses, liabilities, damage, costs, or expenses incurred or suffered by the Customer as a result of entering into an employment contract or any other contract entered into with a Candidate.
Liability. 7.1 We are liable for damages in accordance with statutory law, to the extent there are not deviating terms in these General Conditions of Sale. In the event of simple negligence, we are only liable for damages resulting from death, bodily injury, or harm to health as well as from the breach of a material contractual obligation (i.e. an obligation whose fulfillment is essential to the due and proper implementation of the contract and on whose fulfillment the Customer regularly should be able to rely), in the latter case, however, our liability is limited to damages foreseeable and typical for this type of contract.
7.2 The exclusions and limitations of liability set forth in Section 7.1. do not apply to the extent we have intentionally concealed a defect or issued a quality guarantee in the sense of Section 1917 of the Czech Civil Code or in the case of mandatory liability according to the Section 2939 et sec of the Czech Civil Code.
7.3 The limitation restrictions according to Section 6.6. also apply for the Customer’s claims for damages or reimbursement of expenses which are based on defective products.
Liability. Celková a souhrnná odpovědnost společnosti Ingenico za újmu vůči Klientovi a/nebo jakémukoli Koncovému uživateli, bez ohledu na příčinu a počet nároků, se dohodou stran omezuje na částku, kterou Klient zaplatil společnosti Ingenico za příslušnou Objednávku. Klient se ve vztahu ke společnosti Ingenico výslovně vzdává jakéhokoli nároku na náhradu újmy, která by překročila výše uvedený limit, a zajistí, že toto omezení odpovědnosti společnosti Ingenico bude platit i vůči jakémukoli Koncovému uživateli. 14.1 Ingenico's total and accumulated liability for damages towards the Client and/or any End-User, regardless of the cause and the number of claims, shall be limited to the amount paid by the Client to Ingenico for the Order in question. The Client hereby expressly waives its right to claim any damages against Ingenico that would exceed the above mentioned limit and ensures to make this limitation of liability of Ingenico applicable against any End-User.
Liability. The Supplier is liable to the Client for all personal, material and property damage (including loss of profit) caused by the Supplier or its agents, even in the case of minor negligence. The same applies to omission or improper performance of contractually agreed work and other violations of the contract.
Liability. 7.1 The delivered Goods and provided Services are not covered by a quality guarantee unless otherwise agreed in writing. 7.2 The Provider will deliver the Goods or provide the Services within the agreed period, or within a period appropriate to the circumstances, however, no later than within 30 days. 7.3 The period of performance begins on the day all conditions for the delivery of Goods or provision of Services on the part of the Customer are fulfilled (e.g. delivery of samples to the Provider fully complying with its requirements and enabling the provision of Services or payment of the required advance payment). 7.4 If the Provider does not provide the agreed performance within the specified deadline, the Customer is entitled to request the Provider to complete the performance. If the Provider does not provide performance within the additional grace period of 7 days from the Customer’s written notice, the Customer is entitled to withdraw from the Agreement and demand the price paid to be refunded. 7.5 The Provider is not liable for any losses, costs, claims or damage caused by late delivery or non-delivery of the Goods or Services. 7.6 The Provider is not liable for any damage, failure to meet an obligation, including default or incorrectness of the Service output, if such occurred as a result or within the influence of force majeure, which means, in particular, an unavoidable natural event or technical failure, strike, war or state of emergency, national directive or directive of authority in the Czech Republic or another country. 7.7 Each party is responsible for damage caused in accordance with applicable legal regulations and the Agreement. Both parties will make every effort to prevent the occurrence of damage and to minimise any damage already incurred. 7.8 Neither party is liable for any damage or defects resulting from incorrect instruction or violation of the other party’s obligation. 7.9 Any claims of the parties for damages, including lost profits, demand for satisfaction, damage to reputation or good name and penalties for the breach of the Agreement are limited to amounts equal to the price of performance of the Provider under the Agreement, with the exception of: a) disclosure of information damaging the good name or reputation of the other party; General Terms and Conditions of the Institute of Applied Biotechnologies a.s. Institute of Applied Biotechnologies a.s. 4 Company ID No.: 272 25 712, VAT ID No.: CZ27225712, with its registered o...
Liability. 5.01 Xxxxx is not liable for any losses, liabilities, damage, costs, or expenses incurred or suffered by the Customer as a result of entering into an employment contract or any other contract entered into with a Candidate.
Liability. 7.1 Regardless of their legal grounds, BayWa r.e. Solar Energy Systems shall only accept liability for damages, including unlawful acts, if and insofar as such damages:
7.1.1 Are caused by a culpable violation by XxxXx r.e. Solar Energy Systems of a material contractual obligation (cardinal obligation) in a manner that jeopardises the achievement of the contractual purpose; or
7.1.2 Are attributable to gross negligence or intent by BayWa r.e. Solar Energy Systems
7.2 If BayWa r.e. Solar Energy Systems is liable for violating a material contractual obligation pursuant to Section 7.1.1 in the absence of gross negligence or wilful intent on the part of BayWa r.e. Solar Energy Systems, said liability shall be limited to an amount of 5,000.00 EUR per claim.
Liability. Sponsor will not be responsible for, and Site shall indemnify and hold, Sponsor and its collaborators harmless against any and all expenses, claims, liabilities, losses, damages, actions, suits costs and expenses, etc., including reasonable attorneys’ fees and other costs for defense that may be brought or instituted against Sponsor arising out of or in connection with: - any breach of the representations or warranties set forth in this Agreement by Site or Study Staff; - any reckless, willful misconduct, act or omission on the part of Site or Study Staff in carrying out or failing to properly carry out the services under the Agreement or otherwise properly fulfilling its obligations under this Agreement that Site or Study Staff can be held responsible for; - any unauthorized representations or warranties made on the part of Site or Study Staff concerning the Study or Investigational Product; or - the failure of Site and Study Staff to comply with the laws, GxPs, rules or regulations of any governmental or other authority applicable to the services (including, without limitation, obtaining informed consents).
a) poškození zdraví (včetně smrti) subjektu hodnocení bylo způsobeno úmyslně, nedbalostí, protiprávním jednáním nebo nesplněním povinnosti stanovené Zdravotnickému zařízení či Zkoušejícímu právním předpisem nebo v této Smlouvě, včetně všech jejích příloh;
b) Zdravotnického zařízení do dvaceti (20) pracovních dnů ode dne, kdy se dozvěděla, že byl vůči ní uplatněn nárok na náhradu škody, neoznámila tuto skutečnost písemně Zadavateli. Oznámení musí být odesláno doporučenou poštou Zadavateli. c) na žádost Zadavatele mu Zdravotnické zařízení neumožnila účastnit se mimosoudního vyjednávání o vzneseném nároku nebo následného soudního řízení; d) Zdravotnické zařízení uznalo vznesený nárok, aniž by obdržela předchozí písemný souhlas Zadavatele. Tento Článek 7 podsekce "Poškození zdraví Subjektu Studie a Odškodnění" zůstane v platnosti po ukončení nebo uplynutí doby trvání této Smlouvy.
Liability. 10.1 Except as expressly set out in this Agreement, all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the obligations of FIBA under this Agreement are hereby excluded.