Exceptions. Excluded from the availability are times in which the servers cannot be used due to technical or other problems that are beyond the control of the provider (force majeure, fault of third parties, etc.). Likewise excluded are planned or necessary maintenance work that lead to (even if only partial) failures of the web portal or limited usability and which were communicated by the provider in advance as a maintenance window. The user further acknowledges that the installation of updates and software as well as the implementation of maintenance work and backups for technical, security-relevant, legal and other reasons can in exceptional cases be carried out without prior notice at any time of any day by the provider.
Exceptions. 13.8.1 If required by law or ordered by a cor responding court order, the disclosure of confidential information is permitted.
Exceptions. 13.8.1 If required by law or ordered by a corresponding court order, the disclosure of confidential information is permitted.
13.8.2 Excluded from the obligation to provide information and consent is the disclosure of information that is provided or required in recognition, accreditation, certification or au- thorisation procedures, the processing of complaints and claims or for the fulfilment of legal requirements.
13.8.3 Die Vertragspartner kommen überein, dass in obigen Ausnahmen bzw. wenn sie gesetzlich verpflichtet oder durch Verträge ermächtigt sind, Informationen der Ge- schäftsbeziehung, der Tätigkeiten und Aufträgen ohne wei- tere Zustimmung oder Unterrichtung der jeweils anderen Partei im Einzelfall offen zu legen.
13.8.3 The contracting parties agree that in the above ex- ceptions or if they are legally obliged or authorised by con- tracts to disclose information on t he business relationship, activities and orders without further consent or notification of the other party in individual cases.
14. Schlussbestimmungen 14. Final provisions
14.1 Änderungen und Ergänzungen eines Vertrages bedür- fen der Schrift- oder der Textform, ebenso die Abänderung der Formerfordernisse.
14.2 Zwischen den Vertragspartnern findet ausschließlich EU- Recht Anwendung. Das UN- Übereinkommen über Ver- träge und über den internationalen Warenkauf vom 11.04.1980 ist ausgeschlossen.
14.3 Der Auftraggeber erklärt sein Einverständnis damit, dass die aus der Geschäftsbeziehung mit ihm gewonnenen personenbezogenen Daten im Sinne des Datenschutzge- setzes von der esz AG für gesellschaftseigene Zwecke ver- wendet werden dürfen.
14.4 Sollte eine Bestimmung dieser Bedingungen ganz oder teilweise unwirksam sein, so berührt dies die Gültigkeit der übrigen Bestimmungen nicht. An die Stelle einer unwirksa- men Regelung tritt diese, die die Parteien bei Kenntnis des Mangels getroffen hätten, um den gleichen wirtscha ftlichen Erfolg zu erzielen.
14.5 Bei Auslegungsfragen zwischen den verschiedenspra- chigen Versionen der vorliegenden AGB ist die deutsche Fassung maßgebend.
14.6 Erfüllungsort für Lieferung und Zahlung ist der Sitz der Gesellschaft des Auftragnehmers. Alleiniger Gerichtsstand für alle Rechtsstreitigkeiten ist , soweit gesetzlich zulässig, Fürstenfeldbruck. 14.1 Amendments and additions to a contract must be made in writing or in text form, as must any amendment to the formal requirements.
Exceptions. 1. This warranty does not cover:
a. Defects due to improper installation of the equipment, abnormal use or use contrary to the instructions for use and the effective regulations;
b. Defects due to neglected maintenance or improper storage of the equipment;
c. Equipment damage caused by the user;
d. Defects caused by a lightning strike or voltage fluctuations or any other unavoidable factor;
e. Defects caused by repair or maintenance of the equipment when performed by a party other than Enervent Oy or a contractor with the appropriate installation rights;
f. Change or replacement of parts subject to wear and tear during normal equipment use, such as light bulbs, LEDs, fuses, etc.;
g. Equipment with modified or removed rating plate;
h. Equipment for which a receipt of purchase or an installation certificate (for equipment that is not self-installed) has not been presented; or
i. Consequential damage caused by the device or due to warranty repairs or damage or loss arising from discon- necting, sending or re-installing the equipment.
Exceptions. Notwithstanding sec. 23.1 of the General Conditions of Participation, the following special provision applies: the exhibitor does not derive any withdrawal or termination rights or any other claims, in particular claims for damages against Leipziger Messe, in the event that Leipziger Messe is forced to clear one or more exhibition areas temporarily or for an extended time period, or must extend, shorten, postpone or cancel the trade fair as a result of a force majeure event (e. g. natural disaster, war, strike, terror, massive loss or disruption of transportation, utility and / or communication connections, official intervention or other reasons that are not its responsibility). The designated rent payment will become invalid if the trade fair does not go ahead. Already paid amounts will be reimbursed. However, the exhibitor must pay any already completed works and services in full.
Exceptions. The non-disclosure obligations according to this Agreement shall not apply, if and so far demon- strably the respective Information - is generally known or - becomes generally known without the fault of the Party obliged to non-disclosure or - has been received or will receive from a third party authorized to disclose the information without any non-disclosure obligation or - has been possessed by the receiving Party prior to the date of disclosing by the other Party or - has been or will be independently developed by the receiving Party or - has to be disclosed by the receiving Party due to the fact of a national court decision or a na- tional authority decision. The disclosing Party will make its best efforts to take care that the court or authority will treat the Information con- fidential and inform the other Party without de- lay about the request of disclosure.
Exceptions. The obligations contained herein shall not apply to: (a) INFORMATION which is now in or hereafter enters the public domain without a breach of this Agreement; (b) INFORMATION known to UlMeCo prior to the time of disclosure in connection with its relationship with the Client or inde- pendently developed by UlMeCo or an Em- ployee without access to the INFOR- MATION; or (c) INFORMATION disclosed in good faith to UlMeCo by a third person legally entitled to disclose the same.
Exceptions. The obligations specified in Art. 2 of this Agreement do not apply to CONFIDENTIAL INFORMATION
a) of which prior to its release the recipient CON! TRACTING PARTY was already legally aware with! out any duty of confidentiality`
b) which is or was accessible to the public, whereby the recipient CONTRACTING PARTY, its AFFILIATED COMPANIES and/or their consultants are not re! sponsible for such accessibility, provided that the reason the CONFIDENTIAL INFORMATION is deemed to be publicly accessible is not that merely parts of such information are or are being made pub! licly accessible`
c) legally or without any obligation of confidentiality ad! vised or released to the recipient CONTRACTING PARTY by a third party, provided that the third party as far as the recipient CONTRACTING PARTY is aware does not violate any obligation of confidentiali! ty of its own in releasing such information`
d) which has been developed independently by the re! cipient CONTRACTING PARTY without recourse to CONFIDENTIAL INFORMATION or in accordance with the exceptions specified in Art. 3 a) ! c) or f)` or
e) which must be disclosed because of a binding official or court directive or imperative provision of the law, provided that the other CONTRACTING PARTY has been informed in writing about such disclosure. Should a CONTRACTING PARTY invoke an exception it must prove that the conditions are met.
Exceptions. The purchaser shall only be entitled to set-off if his or her counterclaims have been established as final and absolute, are undisputed, or have been acknowledged by us. The purchaser shall only be entitled to retain goods within a scope corresponding to the counterclaim and only inasmuch as the counterclaim is based on the same contractual relationship.
Exceptions. “Confidential Information” does not include any information which
3.1 at the date of the execution of this agreement was publicly known or publicly available or thereafter becomes publicly known or publicly available without any violation of this agreement on the part of the Recipient or any of its officers, directors, employees or legal, financial or other advisors;
3.2 is or becomes available to the Recipient from a source other than Schering or its Affiliates or Schering’s advisors, provided that, to the Recipient’s knowledge after reasonable inquiry, such source was not prohibited from disclosing such information to the Recipient by a legal, contractual or fiduciary obligation owed to Schering;
3.3 can be proven by the Recipient to be known by him or any of its affiliates, representatives or advisors prior to the disclosure of such information by Schering or any of its Affiliates or advisors; or
3.4 Xxxxxxxx has consented to be disclosed.