Liability Vzorová ustanovení
Liability. 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 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.
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. 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. 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. Neither party will be liable for indirect, incidental, exemplary, special or consequential damages; loss or corruption of data or interruption or loss of business; or loss of revenues, profits, goodwill or anticipated sales or savings. The maximum aggregate liability of each party under this EULA is limited to (a) for claims solely arising from Software licensed on a perpetual basis, the fees received by Cisco for that Software; or (b) for all other claims, the fees received by Cisco for the applicable Cisco Technology and attributable to the 12 month period immediately preceding the first event giving rise to such liability. These limitations of liability do not apply to liability arising from (a) Your failure to pay all amounts due; or (b) Your breach of Sections 2.1 (License and Right to Use), 3.1 (Cisco Technology Generally), 3.2 (Cloud Services) or 12.8 (Export). This limitation of liability applies whether the claims are in warranty, contract, tort (including negligence), infringement, or otherwise, even if either party has been advised of the possibility of such damages. Nothing in this EULA limits or excludes any liability that cannot be limited or excluded under applicable law. This limitation of liability is cumulative and not per incident.
Liability. The USER is liable to pay for the maintenance, the repair of damaged containers and for un-repairable containers, for con- tainers lost for whatever reason, incurred by third parties or through an Act of God and for containers not redelivered to the OWNER. In the case of a total loss or not redelivered con- tainers the USER is liable to refund the OWNER the Calcu- lated Replacement Value according to Exhibit II. Daily rental fees are paid up to the date of payment of Calculated Replacement Value to the OWNER in the event a total loss is established or a non-redelivery (lost container) is declared. The USER holds the OWNER free of all liabilities what so ever in connection with the use of the containers.
Liability. Without prejudice to the provisions of this Agreement, those Parties involved in a third-party relationship shall be jointly liable to the Data Subjects for damage caused by the processing personal data that is not in compliance with the GDPR (cf. Article 82 Para. 4 GDPR).
Liability. 1. According to § 10 of the subsidy contract, the LP bears the overall financial and legal responsibility for the project and for the PPs towards the MA and third parties.
2. Within the partnership, each party to this agreement shall be liable to the other parties and shall indemnify and hold harmless such other party for and against any liabilities, damages and costs resulting from the non-compliance of its duties and obligations as set forth in this agreement and its annexes or of other legal norms. Eventual repayment of undue funds by the PPs to the LP, for which the LP is liable towards the MA is ruled in § 18 of the present agreement.
3. The LP shall assume sole liability towards third parties, including liability for damage or injury of any kind sustained by them while the project is being carried out as stipulated in § 10.11 of the subsidy contract. The LP is entitled to subrogate against the PP that caused the damage. The PP causing damage shall be liable to the LP therefore.
4. The parties to this agreement accept that the MA cannot be under any circumstances or for any reason whatsoever held liable for damage or injury sustained by the staff or property of the LP or any PP while the project is being carried out. No claims can be accepted by the MA for compensation or increases in payment in connection with such damage or injury.
5. No party shall be held liable for not complying with obligations ensuing from this agreement in case of force majeure as described in § 24 of this agreement.
Liability. 1. The Provider shall not be liable for any malfunctions or damage caused by malfunctions of the My Home Platform or its faulty outputs, if they have been caused by the User, third parties or supervening events excluding the Provider's liability.
2. The Provider shall not be liable for any malfunctions or damage, in particular those caused by:
a) incorrect data entered in the My Home Platform by the User, incorrect user processes in entering data or information or incorrect interpretation of data presented by the My Home Platform,
b) the User's local network or mobile phone getting infected with computer viruses (spyware, malware, etc.) or a hacker attack or a similar external attack,
c) inexpert interference with the My Home Platform (or the Application),
d) damage to the My Home Platform (or Application) caused by malfunctioning technical devices, operating system or network, damage caused by other providers ’ malfunctioning software that runs simultaneously with the My Home Platform.
3. Except as stipulated by the applicable law, the Contracting Parties shall not be liable for any breach of the duties caused by force majeure events, i.e. supervening events beyond the reasonable control of the Contracting Parties, which the Contracting Parties could not avert despite expending maximum effort, or events that constitute objectively inevitable accidents.
Liability. Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
