Company's Liability. The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.
Company's Liability. The Company shall not be liable in any way to the Union or to any employee for any failure by it to make deductions as herein before provided or for making improper or inaccurate deductions or remittances. However, in any instance in which an error occurs in the amount of any such deduction for any employee's wages, the Company shall adjust it directly with the employee. In the event of a mistake by the Company in the amount of its remittance to the Union, the Company shall make the appropriate adjustment in the amount of a subsequent remittance.
Company's Liability. (a) If the Account Application Form or Sales Proposal indicates that this Agreement is at "Declared Value Risk", or if the tickets supplied by the Company and used by the Customer are of a type which specify (either on the ticket or in the relevant sales proposal) the maximum liability of the Company as being less than $2000, then this Agreement, and the Company's liability in respect of that particular consignment shall be at "Declared Value Risk" as defined in the Act. In such cases, the liability of the Company in respect of loss or damage to goods is limited to the amount specified in the relevant Sales Proposal, ticket Account Application Form. In all other cases (and subject to clauses 7,12,16,19 and 22), this Agreement is at "Limited Carriers Risk" as defined in the Act. The maximum liability of the Company in respect of any one item carried by the Company under "Limited Carriers Risk" is limited to the lesser of $2000 or the current indemnity value of the consignment at the time of the loss.
(b) Subject to the provisions of the Act imposing liability in respect of the loss of or damage to the goods the Company shall not be under any direct or indirect liability whatsoever (whether in contract, tort or otherwise) for any direct or indirect losses, penalties, damages, costs or expenses of any kind whatsoever (including indirect or consequential loss or damage) brought, claimed, suffered or incurred by the Customer or any third party, in connection with, or resulting from, the Carriage of the goods or any matter or thing done, said or omitted by the Company, in connection with goods or this Agreement howsoever caused or arising and (without limiting the generality of the foregoing) whether caused intentionally or arising as the result of negligence of the Company or otherwise.
Company's Liability. 26.1. Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations.
26.2. The Company will not be liable to the Client for any loss which arises as a result of:
a. The Company’s compliance with, or the exercising of any of the Company’s rights in accordance with, Applicable Regulations or this Agreement;
b. The Client’s negligence, fraud or breach of this Agreement or Applicable Regulations;
c. Any abnormal market condition or force majeure event;
d. any delays, delivery failures, or failures in transmission of any order or any other communication or any other loss or damage resulting from the transfer of data over mobile or other communications networks and facilities outside of of the Company’s control; and
e. Any features, Market data or third-party content available on the Company’s Website, Platform or e-mails, are provided on an “as is” and “if available” basis.
26.3. Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not.
26.4. For the avoidance of doubt, the Company’s third-party providers are not responsible for and have not participated in the determination of the Company’s prices and they exclude all warranties, undertakings or representations (either express or implied) relating to the Client’s use of the Company’s Platform...
Company's Liability. 4.1 If the Company makes any payment pursuant to this Agreement in respect of any of the matters against which the Investor Director is indemnified in Clause 2, and if it is subsequently determined by a court of competent jurisdiction or an arbitral tribunal (where such determination is final and is binding on the Investor Director) that liability would attach to the Investor Director in respect of any fraud, dishonesty, gross negligence, default, breach of duty or breach of trust, then the Investor Director shall promptly repay to the Company all amounts paid by the Company under this Agreement in connection with such matter.
Company's Liability. 10.1 The Company shall be liable for carrying out the work as stipulated in the Contract. The Company shall be liable for the work of a subcontractor.
10.2 The Company shall be liable for the direct damage suffered by the Client as a result of Company's negligent or intentional act or omission.
10.3 The liability of the Company shall in all cases be limited to the price payable for the Commission. The Company shall not be responsible for any indirect damage or consequential losses.
10.4 The Client shall be solely and exclusively liable for the use and exploitation of the deliverables of the Commission.
10.5 Unless otherwise agreed, the liability of the Company shall expire six
Company's Liability. If Company delivers to Bank incorrect Funds Transfer Information such that the funds credited to the Omnibus Account on behalf of a Cardholder by Bank does not match the amount authorized for disbursement on the Cardholder’s behalf by Provider, then Company shall be liable for any excess amount, if any, which was incorrectly identified as Cardholder Funds.
Company's Liability. ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF, OR CONNECTED WITH THIS AGREEMENT, THE SERVICES OR USE OF THE PRODUCT OF ANY SERVICES FURNISHED HEREUNDER, SHALL IN ALL CASES BE LIMITED SOLELY TO CORRECTION OF NONCONFORMITIES WHICH DO NOT SUBSTANTIALLY CONFORM WITH THE AGREED DESCRIPTION OF SERVICES IN A WORK ORDER, OR SPECIFICATIONS IDENTIFIED IN A WORK ORDER.
Company's Liability. You are liable for all unauthorized transactions made with your Debit Card or the PIN associated with your Debit Card that occur prior to the time you notify us: (a) to cancel your Debit Card, (b) that an unauthorized transaction has taken place, or (c) that your Debit Card or PIN has been lost or stolen. It is important that you review your statements closely. If your statement shows transactions that you did not authorize, contact us at once. Use of the Debit Card(s) or a PIN is controlled by Company and Bank has no obligation or responsibility to limit Debit Card use to individuals specified as “Authorized Signers” on a signature card for any Linked Account or to other individuals specifically identified by Company as authorized to use a Debit Card or corresponding PIN. If a Debit Card is used in a MasterCard transaction, then special lower liability limits may apply. See the MasterCard website at XxxxxxXxxx.xxx for more details. However, you understand and agree that, at Bank, MasterCard’s “zero liability” program is available only to sole proprietorships. Any use of a Debit Card bearing Company’s name to obtain Services will be deemed to be an act of and the responsibility of Company, whether or not the Debit Card is or is not a valid Debit Card. Company will be liable for all transactions made using a Debit Card, PIN or Debit Card number, or otherwise in connection with the Service contemplated under this agreement. Company shall be responsible regardless of whether such transactions were effectuated: (a) by or on behalf of any authorized individual, or for any authorized purpose, or by an unauthorized person or in conflict with any usage limitation established by Company; (b) using a valid PIN or with or without a valid signature; or (c) in accordance with any rules or regulations of MasterCard, the Bank or any merchant. Without limiting the foregoing, Company is responsible for any and all transactions of any type processed through an authorized system if Bank receives transaction data identifying a Debit Card, PIN or other access device as one issued to Company. For purposes of this Agreement, an authorized system is any system that will process transaction data for valid Debit Cards (including MasterCard and any other POS or ATM system shown as a logo on any Debit Card). Company acknowledges that Company is responsible for all uses of a Debit Card or PIN, and all transaction data received by the Bank that identifies an access device as a Company ...
Company's Liability. 9.1. The Company cannot be liable for any unauthorised access by third parties to the Client’s personal information or leakages during data transmissions towards the Company’s representatives through the Internet.
9.2. The Company cannot be liable for any electricity malfunctions, which may lead to inadequacy in the Trading platform performance and/or for any losses or damages that may arise because of technical failures which may result in any part of the trading cycle i.e. from the price feed to the execution and settlement of any trades.
9.3. The Company is not liable for damages that the Client may suffer as a result of incorrect market data transmissions, technical problems and other malfunctions, network overloads, computer viruses, etc. The Client should understand that in case of any technical failure he or she may have limited access to the Trading platform. The Company may notify the Client in advance if it will be necessary to temporally suspend his or her access to the Trading platform because of the above-mentioned reasons.
9.4. The Company reserves the right to terminate the Client’s access to the Trading platform in its sole discretion in cases this measure is required. Such cases include the following:
a) The Client violates the conditions of the present Agreement and does not fulfil his/her obligations;
b) There is a problem with the Internet connection or the electricity supply of the Trading platform;
c) There is a need to protect the Client’s interests because of his or her personal details security threat.
9.5. The Company has the right to cancel a transaction (trade) with Forex and CFD buying or selling if the contract has been made on a price that does not reflect fair market price. In this case, the Company will inform the Client about any mistakes regarding the trade price and cancel the Client’s trade. If deem necessary, the Company may restrict the volume of the Client’s trades or impose other restrictions. Profits of the contract with incorrect price will be paid in accordance with the current market quotes, which can be found on xxx.xxxxxxxx.xxx and that will be in communication with the bank-to-bank trade results. 9.6. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Financial Instruments or the Underlying Markets or Underlying Assets. The Client alone will de...
