Liability and Force Majeure. (7.1) Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement.
Liability and Force Majeure. Shareholder Servicing Agent shall not be liable or responsible for any loss, interruption, delay or error including any loss, interruption, delay or error by reason of circumstances beyond its control (which includes but is not limited to, acts of civil or military authority, national emergencies, labor difficulties, fire, equipment failure, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, terrorism, riots or failure of communication or power supply), provided, that any loss, interruption, delay or error is not caused by the willful misfeasance, bad faith or gross negligence of Shareholder Servicing Agent, its officers, employees or agents in the performance of the Shareholder Servicing Agent’s duties and obligations under this Agreement or from the reckless disregard by the Shareholder Servicing Agent, its officers, employees or agents of the Shareholder Servicing Agent’s duties or obligations under this Agreement.
Liability and Force Majeure. 10.1 The liability provisions of section 2.2 of the Code apply to this Agreement and are hereby incorporated by reference into, and form part of, this Agreement.
Liability and Force Majeure. 1. This Partnership Agreement is governed by the law of the country of the Lead Partner. Each partner, including the Lead Partner, shall be liable to the other partners and shall indemnify for any damages or costs resulting from the non-compliance of its contractual duties as set forth in this contract.
Liability and Force Majeure not limited Nothing in clause 6.2 limits the operation of clauses 19.2 or 22.1 in respect of either the User* or Western Power*.
Liability and Force Majeure. 5.1 The BBC will not be liable to You for any loss, damage or injury caused to You or Your property in connection with this Contract unless caused by the negligence of the BBC and recoverable on that ground.
Liability and Force Majeure. 9.1 The Municipality does not warrant or guarantee the continuance or quality of any of the services provided under this Agreement and shall not be liable for any damages, expenses or losses occurring by reason of suspension of discontinuance of the Fire Protection Services for any reason which is beyond the reasonable control of the District, including without limitation acts of God, forces of nature, soil erosion, landslides, lightning, washouts, floods, storms, serious accidental damage, strikes or lockouts, vandalism, negligence in the design and supervision or construction of the Reserve Infrastructure, or in the manufacture of any materials used therein, and other similar circumstances.
Liability and Force Majeure. 31. Despite the foregoing, neither Party shall be liable under any circumstances whatsoever for any loss of profits or revenues, business interruption losses, loss of contract or loss of goodwill, or for any indirect, consequential or incidental damages, including but not limited to punitive or exemplary damages, whether any of the said liability, loss or damages arise in statute, contract, tort or otherwise. In any event, the total liability of GLPL to the Load Customer for any and all claims for damages under this Agreement whether it arises by statute, contract, tort or otherwise, will not exceed the Actual Cost recoverable from the Load Customer of the GLPL Connection Work. This provision shall survive the termination of this Agreement.
Liability and Force Majeure. 9.1 The Municipality does not warrant or guarantee the continuance or quality of any of the services provided under this Agreement and shall not be liable for any damages, expenses or losses occurring by reason of suspension of discontinuance of the Recreation Services, for any reason which is beyond the reasonable control of the Municipality, including without limitation acts of God, forces of nature, soil erosion, landslides, lightning, washouts, floods, storms, serious accidental damage, strikes or lockouts, vandalism, and other similar circumstances.
Liability and Force Majeure. Liability conditions abide by the Civil Code. Neither Party limits its liability for death or personal injury caused by its negligence or the negligence of its employees.Neither Party shall be, liable to the other Party for any indirect, special, consequential or incidental damages of whatsoever kind or nature arising out of or in connection with this Framework Agreement, including but not limited to any loss, cost, damage, loss of revenue, loss of profit or loss of use, incurred or suffered by the victim Party or any third party resulting from a defect, an incident, the failure of the Sheets in accordance with the terms of this Framework Agreement. This exemption of liability only applies if the other Party was advised of the possibility of such damages. The foregoing shall not affect the Client’s right to claim compensation against the Contractor for damages suffered by the Client arising directly from the performance, bad performance or non-performance of the Contractors’s duties and/or obligations under this Framework Agreement, provided however that the total liability of the Contractor in connection therewith shall not exceed 20 % of the total value for the estimated indicative volume of Sheets that can be ordered over this Framework Agreement duration, determined as the product of the unit price of the Sheets and the estimated indicative total volume of Sheets within the meaning of Article V paragraph 1 of the Framework Agreement (exluding VAT).. In no case shall the Contractor be liable for any damages resulting from or arising out of any illegal and/or fraudulent use of the Sheets by the Client, any third party or the end-user. An obstruction which occurs independently of the will of the obliged party which prevents it from performing its duty (and it may not be reasonably expected that the obliged party could have averted or overcome the obstruction or its consequences and that at the moment of formation of this obligation it could have foreseen it) is regarded as a circumstance excluding liability. In such case the concerned Party shall notify the other Party of the nature of the obstruction preventing it from performing its duties. During the existence of such obstruction the concerned Party shall not be bound to perform the obligations resulting from this Framework Agreement. As soon as the obstacle ceases to exist, the affected party shall resume its obligations towards the other party and shall do its utmost to remedy the consequences of the...
