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. 12.1. Neither the Supplier nor any of its agents, shareholders or employees shall be liable for any direct or indirect and consequential loss or damage (whether arising out of any use or loss of data, loss or profit, loss of business or otherwise) incurred in connection with the use of the Website or Platforms.
12.2. All information provided on the Website is provided for informational purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, ADVICE OR RECOMMENDATION to buy or sell a particular product, instrument or anything else or to engage in any transactions; nor should the information provided be construed as advice of any other type, including but not limited to financial, tax or legal advice.
12.3. All investment or business decisions made by the User must be based solely on their own assessment of the financial position, investment goals and personal interpretation of the available information. The User is solely responsible for such decisions and should seek professional advice before making any investment or business decisions.
12.4. If you become a Provider, you expressly acknowledge and agree that:
a) any information provided by other providers (including trading signals) is for illustration or demonstration purposes only and neither such other providers nor the Supplier shall be responsible for any of your trading decisions, whether based on such information or not;
b) any generation, execution, or both, of trading signals is governed by a separate agreement between the Provider and the Provider's broker; as
c) ani Dodavatel ani Platforma ve své omezené kapacitě jako agregátor a překladatel nenesou odpovědnost za jakékoli nepřesnosti nebo výsledky takového generování a provádění obchodních signálů Poskytovatele.
Liability. 13.1 Each party of this agreement shall exonerate the other from any civil liability for damages suffered by them or their staff as a result of performance of this agreement, provided such damages are not the result of serious and deliberate misconduct on the part of the other party or his staff.
13.2 The National Agency of Czech Republic, the European Commission or their staff shall not be held liable in the event of a claim under the agreement relating to any damage caused during the execution of the mobility period. Consequently, the National Agency of Czech Republic or the European Commission shall not entertain any request for indemnity of reimbursement accompanying such claim.
14.1 The Agreement is governed by law of the Czech Republic.
14.2 The competent court determined in accordance with the applicable national law shall have sole jurisdiction to hear any dispute between the organisation and the participant concerning the interpretation, application or validity of this Agreement, if such dispute cannot be settled amicably.
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. Neither CRO nor Pfizer has any liability for damages of any sort, including personal injury or property damage, resulting from the use of CRO Equipment, CRO Materials, or Vendor Property except to the extent that (1) such damages were caused by the negligence or willful misconduct of CRO, Sponsor, or the vendor or (2) the personal injury arises out of or relating to the administration of the Sponsor Drug under investigation or any clinical intervention or procedure provided for or required by the Protocol to which the trial subjects would not have been exposed but for their participation in the Study. Právní odpovědnost za škodu. CRO ani společnost Pfizer neodpovídají za žádné škody, včetně škody na zdraví osob či poškození majetku, vzniklé v důsledku používání Vybavení CRO, Materiálů CRO nebo Majetku dodavatele, kromě případů, kdy (1) takové škody byly způsobeny nedbalostí nebo svévolným porušením povinností ze strany CRO, Zadavatele nebo dodavatele, nebo kdy (2) škoda na zdraví osob vznikla v souvislosti s podáním nebo podáváním Hodnoceného léku Zadavatele nebo provedením jakéhokoli klinického zákroku nebo postupu stanoveného nebo vyžadovaného Protokolem, které by Subjekty hodnocení nepodstoupily, pokud by se Studie neúčastnily.
Liability. (1) The Parties shall be liable to each other for intentional or grossly negligent acts. In the event of gross negligence, liability shall be limited to foreseeable damages. The exemption from liability or limitation thereof provided in the first and second sentence of this Article shall not apply either to damage caused to life, limb or health or for damage caused by breach of cardinal obligations – namely the infringement of essential contractual obligations – or to liability for warranted characteristics. Cardinal obligations are those duties whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely. Were cardinal obligations to be breached, liability for slight negligence shall be limited to foreseeable damages. The limitation of liability also applies to the Parties’ vicarious agents, employees and contracted third parties only to the extent permitted by law.
(2) Notwithstanding Art. 8 (1) the Parties shall only be liable for a damage caused by their employees due to slight negligence if an insurance policy has been taken out for this damage and only to the extent that the insurance policy covers this damage and to the extent the insurance provider settles the claim concerning this damage. Therefore both Parties are obliged to take out business and product liability insurance policies at their own expense. Both Parties shall provide each other with proof of the conclusion and maintenance of the insurance policy at any time by presenting the insurance policy.
(3) In particular, a violation of the exclusivity provision in Art. 7(3) shall be deemed intentional action.
(4) The following shall be particularly deemed gross negligence: • Repeated failure by STU to provide qualified staff to at least for forty (40) hours a week operate the ion beam for HZDRI • Repeated failure by STU to comply with its obligation to maintain the required installations for the provision of the ion beam in line with the manufacturer's recommendations, or to document them at least once a year, and to keep the corresponding spare parts in stock • Repeated failure by STU to comply with work and process guidelines agreed by both Parties in writing • Repeated damage caused by STU to wafers because of beam characteristics that fail to meet HZDRI requirements for ion energy, ion species, isotope mass and charge state • Repeated disregard by HZDRI of STU’s explicit instructions about radiation protection
Liability. Grantee acknowledges that TE’s sole and exclusive responsibility under this Agreement is to provide the Grant pursuant to the terms hereof. In no event shall TE be responsible or liable for claims or damages arising out of this Grant.
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.