LIABILITIES OF THE PARTIES. 11.1. The Parties acknowledge that the Seller has a legitimate interest in ensuring prompt payment under the Contract. Should the Buyer breach the terms of payment stipulated in Clause 6 of the Contract and corresponding additional agreements, the Buyer shall pay to the Seller liquidated damages of 0.05% of the amount outstanding per full calendar day of the payment delay. Should the Buyer fail to make 100% payment of Goods cost within 2 days of the time stipulated for payment, the Seller has the right, at its sole discretion, to terminate the Contract by written notice to the Buyer and without further liability upon the Seller. Should the Buyer breach the terms of signing of additional agreements both on provisional price and on final one, and the terms of fulfillment of final settlement, indicated in cl.8.3, the Seller reserves the right at its sole discretion, not to nominate the future Goods lots with further postponement of the delivery or decrease of the whole amount under the current Contract and / or to terminate the Contract without further liability upon the Seller. The Seller and the Buyer are relieved from any responsibility for the partial or complete default of their obligations under the Supply Сontract, if they prove by the documents that proper fulfillment of their obligations became impossible due to shut-down, unscheduled repairs of JSC Naftan OR facilities or due to force-majeure occurrence. The Parties shall bear no responsibility for the failure to properly fulfil their obligations under the Contract by virtue of provisions of law or other laws and regulations (other documents binding for the Seller / consignor) currently in force that prevent the Contract fulfilment, adopted by the respective state authorities or organizations and Belarusian State Concern of Oil and Chemistry (Belneftekhim concern) in particular, in case they were adopted (published) after the Contract signing and directly affect its fulfillment.
11.2. The Parties acknowledge that the Seller has a legitimate interest in ensuring prompt and full loading of the stipulated quantity of Goods and that any failure of the Buyer to load the full quantity of Goods at the time specified in the Contract could cause the Seller significant loss and inconvenience. In particular, the Buyer understands that any such failure may cause the Seller to incur costs including, but not limited to, terminal storage charges, railway demurrage and / or infrastructure charges, and / or vessel d...
LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation.
6.2 The Client shall be liable:
6.2.1 for complying with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as for losses and (or) other consequences resulting from failure to comply with these security measures;
6.2.2 for ensuring the security and confidentiality of the System access credentials (Login, Password, OTP device) and Call-Back Contact Details required for additional Call-Back Authorization of the Client's EPD in foreign currency;
6.2.3 for losses that may arise as a result of unauthorized use of the System access credentials (Login, Password and/or OTP device), unauthorized use of Call-Back Contact Details required to perform additional Call-Back Authorization of the Client’s EPD in foreign currency, as well as for non- performance / improper performance of established security and confidentiality measures set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.2.4 for unauthorized access by third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access;
6.2.5 for any consequences that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP device) for managing the Client's accounts via the System or using Call-Back Contact Details required to perform additional confirmation of the Clients EPD in foreign currency; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 6 of the Public Offer was supplemented by clause 6.2.6 (clause 6.3 in the previous version) (the amendments shall come into force from 21.06.2021)
6.2.6 The Сlient is responsible for complying with the rules for the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 6.3 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
6.3 The Bank shall be liable for the correct reflection of transactions on the Client’s account and the timely transmi...
LIABILITIES OF THE PARTIES. Landlord hereby guarantees to Tenant the quiet and peaceful use and enjoyment of the Premises without interference or disturbance by Landlord or any other party, during the term of this Lease, and any extensions and renewals. Tenant shall have the right to immediately terminate this Lease without penalty if Tenant is prevented from using, for its normal business activities, any portion or all of the Leased property as a consequence of acts of God, expropriation, condemnation or nationalization of any portion or all of the Premises, Tenant’s inability to obtain (provided Tenant makes diligent efforts to obtain such permits or approvals) any permits or approvals from any governmental authority or subdivision thereof required under Mexican Federal, State, or local laws or regulations, or under any other laws applicable to Tenant’s operations including, without limiting the generality of the foregoing, any environmental control restrictions or enforcement measures imposed on Tenant in the course of its normal operations on the Premises imposed by any Mexican governmental authority, strike, riot, or other civil commotion, any other act of the Mexican government or any subdivision thereof, or acts of third parties (hereinafter “Force Majeure”) or if Tenant is prevented from using any portion of the Premises for any cause not attributable to Tenant. Tenant agrees that it will use the Premises only for the purposes herein stipulated and in accordance with the nature and intended usage of the Premises. The liabilities of Landlord and of Tenant, in each case, shall be governed by the following provisions:
(i) in the event that Tenant is prevented from using any portion of the Premises for any reason attributable to Landlord, including but not limited to Landlord’s failure to timely make any repairs required to be made by Landlord or Landlord’s failure to timely satisfy any other obligations pursuant to the terms of this Lease or other right under this Lease, the rental payments shall be reduced in proportion to the part of the Premises which Tenant is prevented from using for so long as such impediment of use continues, provided that the affected portion of the Premises does not hinder Tenant’s business, in which case the provisions set forth herein below will apply. In the event Tenant is prevented from using the Premises in its entirety, or in the event that Tenant cannot effectively and practicably use the Premises for the purpose herein stated because the Premis...
LIABILITIES OF THE PARTIES. 7.1 Activities performed by the Customer in pursuance hereof do not infringe laws, orders and other rules and regulations applicable to the Customer or to the Customer’s jurisdiction.
7.2 The Broker shall bear no liability for the Customer’s actions or omission.
7.3 The Broker shall bear no liability for default on obligations due to failure in communication channels, technical problems of the Internet service provider. The Broker shall bear no liability for losses incurred to the Customer due to the ignorance of the instructions outlined in the MetaTrader customer terminal user manual.
7.4 Claims for lost profits shall not be accepted for review. The Broker shall not be liable for compensating moral damages.
LIABILITIES OF THE PARTIES. For non-performance or improper performance of the obligations under this Agreement, the parties shall be liable in accordance with the current legislation of the Russian Federation.
LIABILITIES OF THE PARTIES. 5.1. The Bank is responsible for:
5.1.1. disclosure of banking secrecy – in accordance with the applicable legislation of the Republic of Kazakhstan;
5.1.2. delay in crediting the Account received by the Bank in favor of the Customer - in the amount of 0.02% of the untimely credited amount for each day of delay;
5.1.3. error transaction on the Account. The Bank's responsibility in this case is limited to the cancellation of erroneous transaction;
5.1.4. unauthorized payments made by its fault, after notification of the Customer of the loss, theft or unauthorized use of card has entered into force. Losses related to unauthorized payment shall be reimbursed by the Bank as a chargeback on the Account of the amount of unauthorized payment and commission for unauthorized payment;
5.1.5. unjustified denial of execution of payment service to the Customer. If the Customer has paid a commission for the service, the Bank shall compensate the Customer for the damage in the amount of the commission paid by the Customer. If the Customer has not paid the commission for the service, the Bank shall compensate the Customer for the damage in the amount of one monthly calculation index.
5.2. The Bank is not responsible for: 5.2.1. denial of servicing cards/club cards Priority Pass/Dragon Pass by third party;
LIABILITIES OF THE PARTIES. The liability of the parties shall be several, not joint or collective. Each party shall be responsible only for its obligations. It is not the intention of the parties to create, nor shall this agreement be construed as creating, a mining or other partnership, joint venture, agency relationship or association, or to render the parties liable as partners, co-venturers, or principals. In their relations with each other under this agreement, the parties shall not be considered fiduciaries or to have established a confidential relationship but rather shall be free to act on an arm's-length basis in accordance with their own respective interest.
LIABILITIES OF THE PARTIES. 9.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Bank and the Client are liable in accordance with the legislation of the Republic of Uzbekistan.
LIABILITIES OF THE PARTIES. The Parties hereto shall be liable for improper performance and non-performance hereunder in a manner prescribed by the laws of the Russian Federation.
LIABILITIES OF THE PARTIES. The Seller shall: The Buyer shall:
