Direct damage. Except in respect of liability under clauses 22, 26.8, 26.11 and 26.12, each party (and its officers, employees and agents) will be liable under or in connection with this agreement (whether in contract, tort (including negligence) or otherwise) to the other party for only direct damage to the physical property of any person ("Direct Damage") that results from a breach of this agreement, negligence, or failure to exercise Good Electricity Industry Practice.
Direct damage. Except in relation to liability under clauses 20.4(e)(iii), 20.6(b)(iii), 21.3, 22 (except where clause 22.5(b) applies), 26.10, 26.14, 26.15(b), 26.16(b), 27.3 and 29.3, each party (and its officers, employees and agents) will be liable under or in connection with this agreement (whether in contract, tort (including negligence) or otherwise) to the other party only for direct damage to the physical property of any person ("Direct Damage") that results from a breach of this agreement.
Direct damage. The Sound of Applause will be liable only for di- rect damage attributable to it. Direct damage will include only: • Reasonable costs to assess the cause and extent of the damage, to the extent that such assess- ment concerns damage within the meaning of this Agreement • Any reasonable costs necessarily incurred to have The Sound of Applause’s defective perfor- xxxxx conform to the Agreement; and • Reasonable costs incurred to prevent or limit the damage, to the extent that Client demon- strates that those costs led to a limitation of the direct damage referred to in these general conditions. The Sound of Applause’s liability for all other damage, such as indirect damage, in- cluding consequential damage, loss of profits, mutilated or lost data or materials, or damage due to business interruption is hereby excluded.
Direct damage. No claim shall be payable unless and until a claim has been paid, or liability admitted, in respect of direct physical loss or physical damage by an Insured Event to Property Insured under the Property Damage Coverage Part to which this Time Element Coverage Part is attached and which gave rise to interruption of business. This Condition shall not apply if no such payment shall have been made, or liability admitted, solely owing to the operation of an excess in said Property Damage Coverage Part which excludes liability for losses below a specified amount.
Direct damage. ID is liable for direct damages incurred by the customer in connection with the performance of the contract, e.g. for non-performance, breach of the duty of care, default or infringement on property rights, only if these damages have been demonstrably caused by the gross negligence of or intentionally by ID. In the case of the involvement of an assistant for support service, ID is liable only for the careful selection thereof.
Direct damage. Except as expressly provided in clauses 19.3, 24.9, 24.10 and 24.11 neither party (nor any of their respective officers, employees or agents) will be liable to the other party for any direct loss, liability, cost, claim, charge, expense or damage (together “Direct Damage”) arising from any breach of this agreement or otherwise arising from the relationship between them, other than for Direct Damage and which results from the negligence, wilful act or omission, fraud, dishonesty or wilful misconduct of the first party or any of its officers, employees, agents or invitees.
Direct damage. Save for death or personal injury caused by the negligence or wilful default of Novell, as to which there shall be no limitation of liability, Novell's liability for direct damages incurred by You arising out of the provision of Software or services by Novell under this SLA shall be limited to the greater of
Direct damage damage to property that is directly due to damage to or destruction of property. This does not include indirect damage, such as damage on the grounds of loss of profits, loss of income, loss of production, interruption or delay of production or operations, loss of information, including the costs of recollection of that information, lost savings, lost agreements, labour costs incurred in vain, increase of operational costs, additional cost of purchase elsewhere, and discounts or penalties payable to third parties; Documentation: all documentation related to the System or System/Subsystem as described in more detail in Article 7 of this Agreement; Guarantee: the guarantee given on the Hardware and related goods and services supplied by it;
Direct damage. Except in respect of liability under clauses 20, Error! Reference source not found., Error! Reference source not found. and Error! Reference source not found., each party (and its officers, employees and agents) will be liable under or in connection with this Agreement (whether in contract, tort (including negligence) or otherwise) to the other party for only direct damage to the physical property of any person ("Direct Damage") that results from a breach of this Agreement, negligence or failure to exercise Good Electricity Industry Practice.
