Liability. Supplier is responsible for the direct and indirect damages, including environmental, caused to Buyer, its officers, members of the board of directors, employees, agents, successors, assigns and third, demonstrably linked to the fulfillment of the Purchase Order, resulting from willful misconduct or guilty of Supplier, its agents, contractors or persons involved in the execution of the object of this Purchase Order. The eventual compensation shall cover all amounts related to all kind of damages, plus any court costs, attorney fees and other expenses resulting from the wrongful act, in particular in the following cases: (a) misuse or infringement of any patent, trademark or intellectual property, third party trade secrets or confidential information; (b) any demands of labor, torts, civil, social, social security, environmental, tax or insurance wrongly charged to the Buyer as a result of execution of the object of this Purchase Order.
Liability. Each party of this agreement shall exonerate the other from any civil liability for damages suffered by him or his staff as a result of performance of this agreement, provided such damages are not the result of serious and deliberate misconduct on the part of the other party or his staff. The National Agency of Portugal – Erasmus+ Education and Training, the European Commission or their staff shall not be held liable in the event of a claim under the agreement relating to any damage caused during the execution of the mobility period. Consequently, the National Agency of Portugal – Erasmus+ Education and Training, or the European Commission shall not entertain any request for indemnity of reimbursement accompanying such claim. In the event of failure by the participant to perform any of the obligations arising from the agreement, and regardless of the consequences provided for under the applicable law, the institution is legally entitled to terminate or cancel the agreement without any further legal formality where no action is taken by the participant within one month of receiving notification by registered letter. If the participant terminates the agreement before its agreement ends or if he/she fails to follow the agreement in accordance with the rules, he/she shall have to refund the amount of the grant already paid except if agreed differently with the sending organisation. In case of termination by the participant due to "force majeure", i.e. an unforeseeable exceptional situation or event beyond the participant's control and not attributable to error or negligence on his/her part, the participant shall be entitled to receive the amount of the grant corresponding to the actual duration of the mobility period as defined in article 2.2. Any remaining funds shall have to be refunded except if agreed differently with the sending organisation.
Liability. 12.1. To the extent permitted by law, neither party is liable to the other party for any punitive or pure economic cost, indirect, incidental, special or consequential loss or damage; economic loss; loss of opportunity; loss of production; loss of use; loss of sales; loss of goodwill; loss of profit or anticipated profit; or revenue, in each case whether foreseeable or not, suffered or incurred by the other party howsoever arising, including out of a breach by the other party of this Contract, a tortious or delictual (including negligent) act or omission, in equity, a breach of a statutory duty or obligation, or otherwise (whether or not such loss or damage was foreseeable by either party).
Liability. 12.1 MBBRAS shall indemnify any direct damages or reimburse any expenses to which it has exclusively given rise, and this limitation shall only not apply in the event of intent or gross negligence, for the injury of life, body or health. 12.2 The above liability limitation shall also apply to the personal liability of MBBRAS’s employees, representatives, corporate bodies, and vicarious agents. 12.3 The User shall be liable to MBBRAS in conjunction with these DCS-T Certificate GTCs according to the statutory regulations. Any further liability by the User toward MBBRAS in conjunction with other agreements or services shall remain unaffected. 12.5 In addition to compensation for its own damage, MBBRAS can also request compensation for damage caused by the User or the User’s vicarious agents or assistants, including subcontractors, to other Group companies by way of performance to MBBRAS, as if it were MBBRAS’s own damages. 13. Rights for handling a DCS-T Certificate 13.1 MBBRAS hereby grants the User only a simple, non-exclusive, and non-transferrable right to a DCS-T Certificate to use the Certificate during the lending period within the scope of the purpose for which it was provided. If the DCS-T Certificate is issued for a specific person, the usage right is also personally limited to the specific DCS-T Certificate Holder. The User’s subcontractors are entitled to exercise this usage right as defined in these GTCs where this is necessary for the contractual use of the respectively granted certificate. 13.2 It is not permitted to create copies of DCS-T Certificates, except as far as this is necessary for the contractual use of the respectively issued certificate. Reworking and editing of the DCS-T Certificates by the User or by commissioned third parties is not permitted. 13.3 Any DCS-T Certificates and electronic copies that are no longer needed shall be properly destroyed. It must always be ensured that no unauthorized access can take place. 13.4 MBBRAS can take appropriate technical measures to prevent the use outside the scope of the contract. This shall not impair the contractual performance of the services. 13.5 Upon request, the User shall permit MBBRAS to review whether the User is utilizing the DCS-T Certificates within the scope of the granted usage rights. The provisions in section 9.5 apply correspondingly. 13.6 Prerequisite for granting rights to DCS-T Certificates is compliance with these GTCs. In the event of a violation by the User (or by a ...
Liability. (1) FREE NOW will not be liable for the correctness and completeness of any information provided by the User while using FREE NOW’s services.
Liability. The Beneficiary shall bear sole responsibility for ensuring its acts within the framework of this contract do not infringe third parties’ rights. Accordingly, the Beneficiary assumes full and unconditional liability for any claim and/or damage to third parties arising from the performance of this contract.
Liability. (1) Liability is determined from the provisions of the JDLink contract.
Liability. 7.1 ASK4 does not exclude or limit its liability for death or personal injury caused by the negligence or fraudulent misrepresentation of its employees or agents or otherwise insofar as any exclusion or limit is void, prohibited or unenforceable by law.
Liability. 13.1. To the extent permitted by law, neither party shall be liable to the other party under any cause of action, whether arising in contract (including under any indemnity or warranty), in tort or delict (including negligence), for breach of statutory duty or otherwise, for any loss or damage that comprise: (a) punitive or pure economic cost, (b) indirect, incidental, special or consequential loss or damage; (c) economic loss; (d) loss of opportunity; (e) loss of production; (f) loss of use; (g) loss of sales; (h) loss or depletion of goodwill; (i) loss of profit; (j) loss of anticipated profit; (k) loss of revenue (excluding the charges payable to Sandvik), (l) loss of data, in each case whether or not reasonably foreseeable in the contemplation of the parties at the time the Contract was entered into.
Liability. LEP will never be liable and obliged to pay damages, of whatever nature, either direct or indirect, namely consequential, incidental, liquidated or special damages, including loss of profits, damage to movable property, real estate or otherwise, except in case of wilful misconduct or gross negligence, which is to be proved by the other party. In the event that LEP is obliged to provide any compensation, LEP’s maximum aggregate liability may never exceed a sum equal to the invoice value of the defective objects which caused damage. In the event of partial deliveries, the maximum compensation LEP may be obliged to pay is the relevant part of the invoice amount.