Indirect losses and liability cap Sample Clauses

Indirect losses and liability cap. The Parties' liability towards each other in connection with the performance or non - performance of the obligations following from the Contract shall be determined in accor d- ance with the general rules of Danish law. However, the Parties shall not be held liable for indirect losses, including in particular loss of profits, loss of trade, loss of sa vings, loss of income and loss of goodwill. The Supplier's liability, however, shall be limited to a maximum of 100 (one-hundred) % of the Contract Price. The liability cap shall not include Liquidated Damages or product liability for personal injury.
Sample 1
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Indirect losses and liability cap. The Parties' liability towards each other in connection with the performance or non-performance of the obligations following from the Contract shall be determined in accordance with the general rules of Danish law. However, the Parties shall not be held liable for indirect losses, including in particular loss of profits, loss of trade, loss of savings, loss of income and loss of goodwill, cf. however clause 3.7.2, last paragraph. The Lessor's liability, however, shall be limited to a maximum amount equivalent to DKK 200 million. The liability cap shall not include Penalties paid in accordance with clause 1.13.1. In regards to property damage the liability cap shall apply to product liability that exceeds the insurance coverage. The liability cap shall neither apply to personal injury nor in case of the Lessor’s non- performance of its obligation to take out product liability insurance in accordance with clause 1.15. The Lessor’s liability cap shall not apply in case of wilful misconduct or gross negligence.
Sample 1
Indirect losses and liability cap. The Parties' liability towards each other in connection with the performance or non - performance of the obligations following from the Contract shall be determined in accord- ance with the general rules of Danish law. However, the Parties shall not be held liable for indirect losses, including in particular loss of profits, loss of trade, loss of savings, loss of income and loss of goodwill. The Supplier's liability, however, shall be limited to a maximum of 100 (one-hundred) % of the total Contract Price as stated in clause 4. The liability cap shall not include Liqui- dated Damages or product liability for personal injury. With respect to property damage the liability cap shall apply to product liability that e x- ceeds the insurance coverage. The liability cap shall neither apply to personal injury nor
Sample 1
Indirect losses and liability cap. The Parties' liability towards each other in connection with the performance or non - performance of the obligations following from the Contract shall be determined in accord- ance with the general rules of Danish law. However, the Parties shall not be held liable for indirect losses, including in particular loss of profits, loss of trade, loss of savings, loss of income and loss of goodwill, cf. however clause 4.8.2, last paragraph. The Supplier's liability, however, shall be limited to a maximum of 100 (one-hundred) % of the Contract Price. The liability cap shall not include Liquidated Damages or penalty paid in accordance with clause 2.6.5 or product liability. In regards to property damage the liability cap shall apply to product liability that ex- ceeds the insurance coverage. The liability cap shall neither apply to personal injury nor in case of the Supplier’s non-performance of its obligation to take out product liability insurance in accordance with clause 4.11. The Supplier’s liability cap shall not apply in case of wilful misconduct or gross negli- gence.
Sample 1

Related to Indirect losses and liability cap

  • Compensation for Damages or Losses When investments by investors of either Contracting Party suffer damages or losses owing to war, armed conflict, a state of national emergency, revolt, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party a treatment, as regards compensation or other settlement, not less favourable than that accorded to its own investors or to investors of any Third State.

  • 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.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Aggregate Liability The aggregate liability of either: (a) Customer, its Affiliates and Participating Entities; or (b) Verizon and its Affiliates, to the others collectively for any and all Events in an Annual Period is limited to an amount equal to 12 times the Average Monthly Charges during the Annual Period in which an Event first occurred. For the purpose of this clause and calculation, where: (i) an Event gives rise to a number of separate liabilities, claims or causes of action, and/or (ii) there is a series of connected Events, such will be considered a single Event and will be deemed to have occurred in the Annual Period in which the first Event occurred.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages.

  • Compensation for Damage or Loss (1) When investments made by investors of either Contracting Party suffer damage or loss owing to war or other armed conflict, a state of national emergency, revolt, civil disturbances, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that the latter Contracting Party accords to its own investors or investors of any third state, whichever is the most favourable.

  • Liability Cumulative The liability of each Loan Party as a Loan Guarantor under this Article X is in addition to and shall be cumulative with all liabilities of each Loan Party to the Administrative Agent, the Issuing Bank and the Lenders under this Agreement and the other Loan Documents to which such Loan Party is a party or in respect of any obligations or liabilities of the other Loan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall either Party be liable to the other Party for, and no arbitral panel is authorized to award, any punitive, special, indirect or consequential damages of any kind or character resulting from or arising out of this Agreement, including, without limitation, loss of profits or business interruptions, however they may be caused.

  • No Special Damages In no event shall either party be liable hereunder (whether in an action in negligence, contract or tort or based on a warranty or otherwise) for any indirect, incidental, special or consequential damages incurred by the other party or any third party, even if the party has been advised of the possibility of such damages.

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

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