Basis of liability. 6.1.1. The Freight Forwarder's duty of care The Freight Forwarder is liable if he fails to exercise due diligence and take reasonable measures in the performance of the Freight Forwarding Services, in which case he, subject to Art.8, shall compensate the Customer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of his duty of care.
Basis of liability. (1) The Multi-modal Transport Operator shall be liable for loss resulting from loss of or damage to the goods for delay in delivery and any consequential loss or damage arising from such delay if the occurrence which caused such loss, damage or delay in delivery, took place while the goods were in his charge unless the Multimodal Transport Operator proves that he, his servants or agents or any other persons whose services used for the performance of the contract evidenced by this Multimodal Transport Document, took all measures that would reasonably be required to avoid the occurrence and its consequences.
Basis of liability. 1. The contractual carrier shall be liable for loss or damage resulting from the total or partial loss of or damage to the goods between the time of taking over of the goods and the time of delivery, as well as for delay in delivery.
Basis of liability. The obligations of each of the Placing Banks under this Agreement are several and not joint or joint and several. Other than as expressly set out in this Agreement, nothing contained or implied in this Agreement constitutes a Placing Bank the partner, agent or representative of any other Placing Bank for any purpose or creates any partnership, agency or trust between them and none of them has the authority to bind the others in any way. No Placing Bank is liable to any other person for the acts or omissions of, advice given by or failure or default of another Placing Bank.
Basis of liability. 21.1 The liabilities and obligations of the Buyers under this agreement shall be joint and several. If any liability of any of the Buyers is or becomes illegal, invalid or unenforceable in any respect, that shall not impair the liabilities of any other Buyer under this agreement.
Basis of liability. 1. The carrier shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used.
Basis of liability. 23.1 The Warrantors shall have no liability for any claim under this Agreement or any Locked Box Claim to the extent that the Company may bring a claim in respect of the same loss, liability, facts or circumstances under the Put Option Sale Agreement and where its entitlement to recover under the Put Option Sale Agreement would not be less than under this Agreement.
Basis of liability. 18.8.1 Any agreement, covenant, representation, warranty or undertaking pursuant to this Agreement on the part of two or more parties shall, save where the contrary is expressly provided, be deemed to be made on a several basis. Other than where joint action is expressly provided for, each of the Managers and Indemnified Persons shall (except as otherwise agreed among them) have the right to protect and enforce each of its rights without joining any of the others in any proceedings.
Basis of liability a) The responsibility of Eucon for the Goods under this Contract covers the period from the time Eucon has taken the Goods into its charge to the time of their Delivery.
Basis of liability. 1. The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, if the occurrence which caused the loss, damage or delay took place while the goods were in his charge as defined in Article 4, unless the carrier proves that he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its consequences.
