Compensation and Limitation of Liability Sample Clauses

Compensation and Limitation of Liability. 14 Section 1.
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Compensation and Limitation of Liability. If the management party fails to operate and maintain the coal assets according to the Entrusted Management Coal Assets Agreement or violates other obligations of the agreement, the management party shall compensate for the actual loss of the entrusting party in full. If the loss is partly due to the fault of the entrusting party, the compensation liability of the management party shall be limited to fault portion of the management party in accordance with the fault ratio. If any claim, loss or expenses arise on the part of the management party as a result of the ownership or use right of the entrusting party in relation to the Entrusted Management Coal Assets/sites or the wilful or negligent act of the entrusting party or the employees of its agents, the entrusting party shall compensate the management party in full. The entrusting party shall ensure that the management party shall be compensated for all the environmental liability incurred in production and business activities as a result of the non- compliance with the environmental regulations by the installation of the Entrusted Management Coal Assets unless the liability is due to the fraud or gross negligence of the management party.
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Compensation and Limitation of Liability. Symetri is not entitled to any compensation for performance of the obligations related to processing of personal data under this DPA, except for such work and costs that arise due to Customer’s instructions or audits that entail additional work for Symetri compared with what otherwise follows from the Agreement, for example, requiring Symetri to change its working methods or make customised adaptions on behalf of Customer. In such case, Symetri’s from time to time applicable standard fees and prices shall apply. Each party shall be responsible for any damages and administrative fines imposed to it under articles 82 and 83 of the GDPR. Any limitation of liability set out in the Agreement shall apply.
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Compensation and Limitation of Liability. 6.1. In case of a breach of contract on the part of CONDAIR, the Customer may demand compensation for direct damages resulting from the breach. CONDAIR cannot be held liable for the Customer’s operating losses, loss of profits or other indirect losses resulting from delayed delivery or defects with the product. Nor can CONDAIR be held liable for claims exceeding the invoice amount, exclusive of VAT. 6.2. If, as part of the performance of the task, CONDAIR delivered or was referred to products by the Customer which were produced or developed by other parties than CONDAIR, CONDAIR shall not incur any liability whatsoever that extends beyond the amount CONDAIR can claim from the supplier of the respective products. Under no circumstances shall CONDAIR be liable for advice, dimensioning or other project planning carried out by the Customer or a third party. 6.3. CONDAIR shall not be held liable for defects resulting from unpacking, lack of compliance with operating instructions, including but not limited to incorrect use, exposure to mechanical effects and stress, lack of compliance with limit values for temperature, voltage, incorrect operation, lack of preventive or improper maintenance, replacements using non-original components, the customer’s own changes to the installation or due to external matters that cannot be attributed to CONDAIR or CONDAIR’s installation. 6.4. In case of delays, CONDAIR’s liability shall be limited such that CONDAIR’s total liability for daily fines and compensation claims cannot exceed an amount corresponding to 10% of the invoice amount. 6.5. CONDAIR has the right/duty to remedy all defects and deficiencies providing that the remedy is feasible and can take place without significant drawbacks for the Customer. 6.6. The Customer loses the right to compensation if such claims are not submitted in writing within 7 days of the time when the defect was realised, though no later than one year from the time of delivery.
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Compensation and Limitation of Liability. The Holder of the Rights will indemnity and keep the Assigned Third Party distributors and distributors harmless from and against any and all losses, liability, damages, costs or expenses (including reasonable attorney fees and costs) arising from a claim by a third party for breach of any warranty, representation, covenant or obligation of the Holder of Rights under this Agreement, or any claim that any transmission of digital audio, sound recording, printed material or artwork provided to the Distributor and/or Distributor assigned by the Owner of the Rights that uses it infringes or infringes The Holder of rights will reimburse the Assignees of Distributors and/or Distributors the actual payments made in resolution of any liability or claim that is subject to compensation in this section. 12. Editorial law. Distributor reserves an abbreviated right to refuse to distribute any and all sound recordings of Rights Holder for good reason, bad reason, or no reason. 13.
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Compensation and Limitation of Liability. 8.1 For the purposes of this section, "Claim" means any act, omission, claim, complaint, demand, request, suit, motion, cause of suit, damage, cost, loss, liability or expense relating to, or arising from, directly or indirectly, the execution of this Convention. 8.2 The Contractor acknowledges that CRACKBOOM can in no way be held responsible for: 8.2.1 any inaccuracy or error in the dissemination of images and/or videos via the Software and/or any Designated Equipment; or 8.2.2 any Claim that CRACKBOOM's customers may have due to the display of images and/or videos that are out of CRACKBOOM's control, including the failure of the Software due to the malfunction of the Internet connection and/or a malfunction of the Designated Equipment. 8.3 The provisions of this Section 8 shall survive the expiration or termination, for any reason whatsoever, of this Agreement.
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Compensation and Limitation of Liability. 11.1. This Contract does not relieve the Customer of its legal and regulatory obligations or responsibilities to its end customers. It does not entail any delegation of responsibility from the Customer to XXXXXX, except with regard to the responsibility of professional secrecy when XXXXXX acts within the framework of Article 41(2bis) of the Law of April 5, 1993 on the financial sector, as amended. 11.2. XXXXXX'x liability, both in contract and tort, in the performance of the Contract is limited to (i) 50% of the amounts paid for the lost unit (i.e. the box or pallet) by the Customer to XXXXXX excluding VAT during the 12 (twelve) months preceding the event giving rise to liability and (ii) to foreseeable, direct, personal and certain damage directly and exclusively attributable to it, excluding all damage that cannot be attributed mainly to XXXXXX and all indirect, incidental, consequential damage (including any loss of turnover, customers, contracts and/or staff costs) or punitive damage (in particular in the event of a sanction imposed by a competent authority). XXXXXX'x liability is also excluded when the handling related to the Service has been carried out by the Customer (e.g. when the Customer destroys the documents itself or when it accesses the archives). 11.3. The Customer acknowledges that it waives any recourse as from the confirmation of acceptance of the work. In the absence of such confirmation, XXXXXX may be held liable within a period of six (6) months from the date on which the Customer became aware or should reasonably have become aware of the improper performance of the Contract. 11.4. However, XXXXXX'x liability cannot be excluded in the event of damage or prejudice suffered by the Customer as a direct result of gross negligence and/or intentional misconduct duly established by the final decision of a competent court. 11.5. The fact of exercising a right or remedy late or not exercising it does not constitute a waiver of such right or remedy. 11.6. The compensation stipulated in the Contract constitutes the only compensation that the Customer may claim in connection with the performance of the Contract.
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Compensation and Limitation of Liability 
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Related to Compensation and Limitation of Liability

  • Indemnification and Limitation of Liability (a) In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of FSSC and its trustees, officers, employees, agents and representatives, the Funds agree to indemnify FSSC and its trustees, officers, employees, agents and representatives against any and all claims, demands, liabilities and reasonable expenses (including attorneys’ fees), related to or otherwise connected with (i) any breach by the Funds of any provision of this Agreement; or (ii) any action by a Fund’s Shareholder against FSSC. (b) FSSC shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. In no event shall FSSC be liable for indirect or consequential damages. (c) Any person, even though also an officer, trustee, partner, employee or agent of FSSC, who may be or become an officer, employee or agent of any Fund or a member of a Fund's Board, shall be deemed, when rendering services to such Fund or acting on any business of such Fund (other than services or business in connection with the duties of FSSC hereunder) to be rendering such services to or acting solely for such Fund and not as an officer, trustee, partner, employee or agent or one under the control or direction of FSSC even though paid by FSSC. (d) FSSC is expressly put on notice of the limitation of liability as set forth in the Declaration of Trust of each Fund that is a Massachusetts business trust and agrees that the obligations assumed by each such Fund pursuant to this Agreement shall be limited in any case to such Fund and its assets and that FSSC shall not seek satisfaction of any such obligations from the Shareholders of such Fund, the Trustees, Officers, Employees or Agents of such Fund, or any of them. (e) The provisions of this Section shall survive the termination of this Agreement.

  • Compensation and Limitation of Liability of Trustees Compensation ------------ Section 1. The Trustees as such shall be entitled to reasonable ---------- compensation from the Trust; they may fix the amount of their compensation. Nothing herein shall in any way prevent the employment of any Trustee for advisory, management, legal, accounting, investment banking, underwriting, brokerage or other services and payment for the same by the Trust. Limitation of Liability ----------------------- Section 2. The Trustees shall not be responsible or liable in any event ---------- for any neglect or wrongdoing of any officer, agent, employee, adviser, sub- adviser, manager or principal underwriter of the Trust, nor shall any Trustee be responsible for the act or omission of any other Trustee, but nothing herein contained shall protect any Trustee against any liability to which he or she would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office. Every note, bond, contract, instrument, certificate, Share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his or her capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon.

  • Disclaimer and Limitation of Liability PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

  • Indemnification and Limitation on Liability 1. Seller agrees to indemnify and hold harmless JPMS and its directors, officers, employees and affiliates from and against all claims, losses, damages and liabilities (including without limitation, any legal or other expenses reasonably incurred in connection with defending or investigating any such action or claim) arising out of or attributable to JPMS’s actions taken or not taken in compliance with this Sales Plan or arising out of or attributable to any breach by Seller of this Sales Plan (including Seller’s representations and warranties hereunder) or any violation by Seller of applicable laws or regulations. This indemnification shall survive termination of this Sales Plan. Notwithstanding the foregoing, Seller shall have no indemnification obligation to the extent any claims, losses, damages or liabilities are due to the gross negligence, recklessness or willful misconduct of JPMS or any other indemnified person. 2. Notwithstanding any other provision hereof, JPMS shall not be liable to Seller for: (a) special, indirect, punitive, exemplary or consequential damages, or incidental losses or damages of any kind, even if advised of the possibility of such losses or damages or if such losses or damages could have been reasonably foreseen; or (b) any failure to perform or to cease performance or any delay in performance that results from a cause or circumstance that is beyond its reasonable control, including but not limited to failure of electronic or mechanical equipment, strikes, failure of common carrier or utility systems, severe weather, market disruptions or other causes commonly known as “acts of God”.

  • Indemnity and Limitation of Liability (I) The MSO shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the MSO, or actual or threatened breach of any terms of this Agreement by the MSO (including but not limited to breach of any representation and warranty provided by the MSO to ZEEL). (II) It is expressly understood and agreed between the Parties that ZEEL shall have no liability or obligation whatsoever under this Agreement, towards the MSO, the Subscribers or any other person or Governmental Authority, arising from and/or in respect of: (a) any defect in any Equipment (including without limitation IRDs / Viewing Cards) attributable to or resulting from any unauthorized/improper use, tampering, negligence or failure to follow ZEEL's instruction, or any use of the Equipment with any apparatus or Equipment not authorized by ZEEL, in which event ZEEL shall not be under any obligation to provide MSO with any other Equipment; (b) any inaction or default on the part of the MSO, its distributor or installer; (c) any delay or failure in the performance of this Agreement caused by any reason or event beyond the control of ZEEL; (d) deactivation, disconnection, interruption of the Zee Group Channels or termination of this Agreement by ZEEL in accordance with the terms of this Agreement for any reason whatsoever (including without limitation on account of non-payment of Subscription Fee by the MSO or on account of any other breach of this Agreement by the MSO); or (e) failure on the part of the MSO to maintain the licenses and approvals required under applicable Law. (III) The MSO undertakes that it shall be solely responsible for dealings with the Subscribers and shall be liable for any claims, actions, demands or proceedings by the Subscribers arising out of the actions or omissions of MSO. Nothing in this Agreement or the contract(s) executed between the Subscriber and the MSO or the operator or sub-operator shall entitle the Subscriber to receive the Zee Group Channels from ZEEL or create any direct relationship between the Subscriber and ZEEL. (IV) ZEEL shall not be liable to the MSO, any Subscriber or to any other Person, whether under contract, tort or otherwise, for any indirect, special, incidental or consequential damages or for any lost profits, business, revenues or goodwill arising out of or in connection with this Agreement or the provision of the Channels or inability to provide the same whether or not due to suspension, interruption or termination of the Channels or for any inconvenience, disappointment due to deprival of any programme or information whether attributable to any negligent act or omission or otherwise. (V) Without prejudice to the foregoing, the maximum aggregate liability of ZEEL for proven and awarded direct damages or losses that may arise out of or in connection with this Agreement shall not exceed the Subscription Fees under this Agreement paid by the MSO to ZEEL in any given Financial Year.