Liability of the Parties. 16.1 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and indemnify the others against any expense, liability, loss, claim or proceeding whatsoever arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and /or where acting as Lead Authority .
16.2 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and shall indemnify the others against any reasonable expense, liability, loss, claim or proceeding in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of or is caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority .
16.3 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall indemnify the others in respect of any reasonable loss caused to each of the other Parties as a direct result of that indemnifying Party’s negligence, wilful default or fraud or that of any of the indemnifying Party’s employees in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority.
16.4 Where a Party is appointed the Lead Authority under the terms of clause 12 of this Agreement, the other Parties shall each indemnify the Lead Authority on pro rata basis according to the proportions of their respective financial commitments as set out in Clause 10 of this Agreement with the intent that the Lead Authority shall itself be responsible for its own pro-rata share.
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswix, and only for damages which could have been foreseen by payswix at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three...
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits, and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of Paysera under the Agreement is limited by the following provisions:
15.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement;
15.1.2. The compensation for losses caused by Paysera in case of violation of this Agreement cannot exceed the average of the last 3 (three) months of Commission fees paid by the Client to Paysera for the services provided. This restriction applies to all infringements for that month combined. If the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency);
15.1.3. In all cases, Paysera will not be responsible for the Client's lost profits and income, loss of reputation, loss or collapse of business, indirect losses;
15.1.4. Paysera's limitations of liability will not apply if such limitations are prohibited by applicable law.
15.2. Paysera does not guarantee uninterrupted operation of the System, as the operation of the System can be affected (disturbed) by many factors beyond Paysera's control. Paysera will try to guarantee the smoothest possible operation of the System, but Paysera will not be responsible for the consequences arising from malfunctions of the System, if such malfunctions are not due to Paysera's fault.
15.3. Due to reasons under Xxxxxxx's control, the System may not work, and Paysera will not provide compensation for this, if the System was available more than 99% (ninety-nine per cent) of the total time, calculated as an average of at least 3 (three) months.
15.4. The cases when Paysera temporarily, but not longer than 24 (twenty-four) hours, limits access to the System due to System repair, improvement works and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance.
15.5. Paysera is not responsible for:
15.5.1. for debiting and transferring money from the Paysera Account, as well as for other Payment operations with the money...
Liability of the Parties. It is mutually understood and agreed that neither the Employer, any Individual Employer, the Union nor any Local Union shall be liable for damages caused by the acts or conduct of any individual or group of individuals who are acting or conducting themselves in violation of the terms of this Agreement without authority of the respective party, provided that such action or conduct has not been specifically authorized, participated in, fomented or condoned by the Employer, the Individual Employer, the Union or the Local Union, as the case may be. In the event of any unauthorized violation of the terms of this Agreement, responsible and authorized representatives of the Union, Local Union, the Employer or the Individual Employer, as the case may be, shall promptly take such affirmative action as is within their power to correct and terminate such violation for the purpose of bringing such unauthorized persons into compliance with the terms of this Agreement. Such individuals acting or conducting themselves in violation of the terms of this Agreement shall be subject to discipline, up to and including discharge.
Liability of the Parties. 8.1. During the acceptance of goods to the company’s warehouse:
8.1.1. If the packaging will allow the identification of the goods by name, number of warehouse racks and weight with the data specified in the client’s application, the company is responsible for accepting the goods to the warehouse and its processing, in accordance with the clauses of this agreement;
8.1.2. If the goods arrive in integral packaging (welded pallets or boxes, etc.), in which it is not possible to check the conformity according to the application, the company accepts the client’s goods in accordance with the number of places (packages) presented in the application.
8.2. In the event of theft, destruction or damage of the client's goods stored in the company's warehouse, the company is obliged to reimburse the client for the losses within ninety calendar days. The reimbursement is based on the goods' prices from the time they were accepted at the company’s warehouse. Those prices are specified by the client using the Xxxxx.xxx software.
8.3. If, as a result of damage, the goods cannot be used for their intended purpose, the client will have the right to refuse those goods and demand a reimbursement of its full value (based on the purchase invoice prices)..
8.4. The company is liable for damage to or loss of the client’s goods within the limits of the purchase invoice prices.
8.5. The company is not responsible for the correctness of the data of the goods specified in the application and other documents, its legality and compliance with all norms and requirements provided for by US law.
8.6. The company is not liable for package deliveries and their quality provided by the partner companies (delivery сompanies). The responsibility for the parcel shipments is taken by the carrier (delivery company) and its courier from the moment when the parcel was handed over from the warehouse to the relevant carrier (delivery company).
8.7. The company is not responsible for the Client setting up his account in software Xxxxx.xxx, which can lead to errors if the settings are incorrectly selected and installed, for example, incorrect transfer of orders to the warehouse or lack of automatic transfer of orders from Client to Prep, incorrect generation of invoices, incorrect generation of transport label and stuff.
8.8. If one of both parties violates the terms of this agreement and the obligations assumed, resulting in damages to the other party, the responsible party is liable for the compensati...
Liability of the Parties. 9.1. Each Party shall be held liable for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations on the Company’s liability will not apply if such limitations are prohibited by the applicable legal acts.
9.2. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The n...
Liability of the Parties. The Contractor shall be liable to compensate Damages incurred by the Principal arising out of or in connection with this Agreement and pay contractual penalty set forth in accordance with Clause 10.2 if a breach of any of the obligations of the Contractor under this Agreement is established against the Contractor. The Principal shall be liable to pay the contractual penalty set forth in accordance with Clause 10.2 if a breach of payment obligations of the Principal under this Agreement is established against the Principal.
Liability of the Parties. Landlord represents and warrants that, to Landlord’s knowledge, there are no hazardous materials on the Property as of the Commencement Date in violation of any laws. Landlord shall indemnify and hold Tenant harmless from any penalty, fine, claim, demand, liability, cost, or charge whatsoever which results from Landlord’s violation of this representation and warranty, unless the hazardous materials are present on the Property due to the act or omission of Tenant or its agents, employees, officers, or contractors, in which event Tenant shall be obligated to indemnify Landlord as hereafter provided. Tenant shall hold Landlord free, harmless, and indemnified from any penalty, fine, claim, demand, liability, cost, or charge whatsoever which Landlord shall incur, or which Landlord would otherwise incur, by reason of Tenant’s material failure to comply with this Article 20 including, but not limited to: (i) the cost of full remediation of any contamination to bring the Property into the same condition as on the Commencement Date and into material compliance with all Environmental Laws existing as of the Compliance Date; (ii) the reasonable cost of all appropriate tests and examinations of the Premises to confirm that the Premises and any other contaminated areas have been remediated and brought into material compliance with law; and (iii) the reasonable fees and expenses of Landlord’s attorneys, engineers, and consultants incurred by Landlord in enforcing and confirming compliance with this Article 20. Notwithstanding the foregoing, Tenant’s obligations under this Article 20 shall not apply to any condition or matter constituting a violation of any law that was not caused, in whole or in part, by Tenant or Tenant’s agents, employees, officers, partners, contractors, servants or invitees which existed prior to the commencement of Tenant’s use or occupancy of the Premises and to the extent the violation is caused by, or results from, the acts or omissions of Landlord its agents, employees, officers or contractors. The covenants contained in this Article 20 shall survive the expiration or termination of this Lease, and shall continue for so long as either party and its successors and assigns may be subject to any expense, liability, charge, penalty, or obligation against which the other party has agreed to indemnify it under this Article 20.
Liability of the Parties. 5.1. The Parties shall be liable for non performance or improper performance of their obligations under this Agreement in accordance with the legislation of the Russian Federation.
5.2. The Party that performs inadequately or fails to perform its obligations under this Agreement shall be liable to compensate the other Party for any damages, including loss of profit.
Liability of the Parties. 12.1. Each Party undertakes to compensate direct losses of the other Party caused by its fault. The maximum amount of Client’s direct losses to be compensated by the Bank is limited to the amount paid by the Client to the Bank for the Services during the last calendar year. The Bank shall not otherwise be liable for any other losses suffered by the Client including losses arising from:
a) negligence, wilful default, fraud or insolvency of any other person;
b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by the Client, the custodian, any agent of the client or any person appointed by the Bank;
c) change of the Portfolio strategy before the term of the investment horizon determined by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon;
d) any delays due to market conditions or changes in market conditions;
e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoing.
12.2. The Bank shall not be liable in any circumstances for any losses that constitute indirect, special or consequential loss, or loss of profits, opportunity, goodwill or reputation in connection with or arising out of this Agreement.
12.3. The Bank shall not be held liable for the Client’s actions or omission contradictory to the requirements set by the effective legislation or good market practice.
12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance of the Parties’ obligations shall be suspended until the above circumstances cease to exist.
12.5. The Client clearly understands that by providing the Services the Bank will make maximum efforts to achieve a result favourabl...
