Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a willful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Project Contract, provided such damage was not caused by a willful act or gross negligence. The terms of the Partnership Agreement shall not be construed to amend or limit any Party’s statutory liability.
Limitations of contractual liability. The Parties shall take all the necessary steps to limit or mitigate any damage. No Party shall be responsible to the other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful act, gross negligence or by a breach of confidentiality. The terms of this Agreement shall not be construed to amend or limit either Party’s statutory liability.
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful act, by a breach of confidentiality or by an intentional breach of information obligations under 4.1.2. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability.
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. A Party’s aggregate liability towards the other Parties collectively shall be limited to once : - For Beneficaries, the concerned Beneficiary’s share of the total costs of the Project and - for an Associated Partner, the concerned Associated Partners total estimated costs; the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background.
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful act or by a breach of confidentiality. A Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Annex I of the EC-GA provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s non-contractual liability. 21
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to Insert: once or twice the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability. The basic limitations of contractual liability are stated here. The first paragraph of 5.2 refers to indirect damages, the second paragraph refers to any remaining liability (including direct damages). The Parties may choose what amount to set as the limitation of liability. It is usually either once or twice the project share, but if so decided by the Parties it might also be another sum. The basic rule of Belgian law, and most other legislations in Europe, states that liability with regard to wilful breaches of contract cannot be limited. It may be possible to limit damage also in case of gross negligence, but such limitation and its consequences should be carefully considered as such limitation might be considered as invalid regarding Belgian Law because in some cases gross negligence could be regarded as wilful by some courts. Parties should notice that such limitation of liability covers only the limitations of contractual liability. In case there is obligatory statutory liability in the legislation, these are not overruled by such a clause. However, regarding Belgian Law someone can either be liable according to contract law or obligatory statutory law (e.g. law of torts) but not both at the same time. So if there is a contract and the act or omission which led to the damage was made in connection with the contract the Party is only liable according to the contract. The sentence stating that "The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability" is therefore of only clarifying nature as statutory liability does not apply when liability according to a contract applies. The Parties might want to increase their liability with regard to certain cases. This should always be considered case by case...
Limitations of contractual liability. (a) Nothing in this Agreement shall exclude or limit a Party's liability for personal injury or death caused by that Party's negligence or for fraud or fraudulent misrepresentation.
(b) No Party shall be responsible to any other Party for any loss of profit, loss of revenue, loss of contracts or any indirect or consequential loss or similar damage.
(c) A Party’s aggregate liability towards the other Parties collectively shall be limited to the sum set out in Schedule 3 in respect of that Party.
(d) The terms of this Agreement shall not be construed to amend or limit any Party’s non-contractual liability.
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background. 7 / 38
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. A Party’s general aggregate liability towards the other Parties collectively shall be limited to [Insert: once or twice] the Beneficiary’s share of the total costs of the Project as identified in [ Annex 2 of the Grant Agreement / Attachment XY] and in case of Partner Organisation to [Insert: once or twice] the [Insert: amount of its total budget as indicated in Annex 1 of the Grant Agreement / amount of X €]. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law.
Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. A Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. Considering the form of the grant awarded by the Granting Authority (lump sum), a Party declared as a Defaulting Party in accordance with the appropriate provisions of Section 4.2 and Section 4.3 of this Consortium Agreement shall be liable to any other Party involved in the affected work package(s) for the entire loss of their lump sum share in said work package(s) or for the reduction of their lump sum share in said work package(s), resulting from the Defaulting Party’s breach. Said liability shall be limited to once the Defaulting Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background.
