DAMAGE TO PROPERTY AND CONSEQUENTIAL LOSSES Sample Clauses

DAMAGE TO PROPERTY AND CONSEQUENTIAL LOSSES. Each Party bears the consequence of physical damage it causes to property owned by or in the safekeeping of a Third Party, as well as the consequential loss suffered by the other Party, provided this results from total or partial failure to fulfil its obligations under the Contract. However, each Party's liability in respect of the other by virtue of this article is limited to the maximum amounts specified in article 18.3 of the General Terms and Conditions. Accordingly, each Party waives any recourse against the other Party and/or its insurers for any loss exceeding the said limits. In addition, each Party promises and guarantees to obtain a waiver from its own insurers regarding any recourse under the same terms and limits. By way of exception, should a case of non-performance of an obligation incumbent on the Storage Facility Manager under the Contract be caused by an act or omission on the part of TERÉGA under the gas transport contract with the Customer, the Parties acknowledge that only the latter contract shall apply to any harmful consequences of the said non-performance.
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DAMAGE TO PROPERTY AND CONSEQUENTIAL LOSSES. Each Party will bear liability for any property damage caused to facilities, installations and equipment belonging to the other Party or which this Party is responsible for, as well as any consequential losses, such as loss of profit, and more generally any damage other than personal injury and material damage suffered by the other Party, inasmuch as this results from the non-performance or unsatisfactory performance of its respective obligations under the Contract and provided that the injured Party can provide proof of the fault, the existence and cause of the damages and justify their quantification, without involving any speculative factors. However, the liability of each Party towards the other under this Article is subject to the limits established in article 15.2.3 below; therefore, each Party waives any right to recourse against the other Party and/or its insurers for any damage exceeding said limits. In addition, each Party promises and guarantees to obtain a waiver from its own insurers regarding any recourse under the same terms and limits.
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Related to DAMAGE TO PROPERTY AND CONSEQUENTIAL LOSSES

  • Consequential Losses In no event shall either party be liable to the other for loss of profits or incidental, consequential, or liquidated damages of any nature arising from or in connection with this Agreement.

  • Damage to Property Exhibitor is liable for any damage caused to building floors, walls or columns, or to standard booth equipment, or to other Exhibitor’s property. Exhibitor may not apply paint, lacquer, adhesives, or other coating to building columns and floors or to standard booth equipment.

  • Consequential Loss Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other Party for any indirect, special, consequential, punitive, and/or exemplary damages or losses arising from any act or omission by that Party relating to this Agreement and each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) harmless in respect of any and all such indirect, special, consequential, punitive, and/or exemplary damages or losses suffered or incurred by the Indemnifying Party (provided that nothing in this Clause 16 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • No Liability for Consequential Loss Except as otherwise expressly provided in Clauses 12.8 and 19.3(b), neither Party shall in any circumstances be liable to the other for (and the indemnities in Clauses 14.1 and 14.2 shall not extend to) any Consequential Loss.

  • Exclusion of Consequential Loss Except as expressly provided otherwise in clause 27 or the IRMP Provisions which form part of this Agreement under clause 3, neither Party is liable to the other under or in connection with this Agreement (including under an indemnity) for any Consequential Loss however caused (including any breach of this Agreement or negligent act or omission of a Party).

  • Damage Liability The University is not liable for damage to or loss of personal property, failure or interruption of utilities, or for injury or inconvenience to persons (except to the extent set forth in Florida Statutes, Sec. 768.28) Students are encouraged to provide their own personal property loss insurance.

  • Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.

  • Assignment Liability Indemnity Force Majeure Consequential Damages and Default Notwithstanding any other provision of this Agreement, the liability, indemnification and insurance provisions of the Transmission Operating Agreement (“TOA”) or other applicable operating agreements shall apply to the relationship between the System Operator and the Interconnection Transmission Owner and the liability, indemnification and insurance provisions of the Tariff apply to the relationship between the System Operator and the Interconnection Customer and between the Interconnecting Transmission Owner and the Interconnection Customer.

  • Liability for loss or damage Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence.

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