Common use of Liability and Force Majeure Clause in Contracts

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 temporary non-performance of its obligations pursuant to this Framework Agreement. The Party that has a statutory right not to perform its obligations due to force majeure shall not be liable for the damage incurred by the other party in this connection.

Liability and Force Majeure. Liability conditions abide by The Service Provider shall be liable to the Civil CodeESM for any loss, injury or damage arising out of the performance (or non-performance or improper performance) of the Services, including for failing to submit deliverables within the term specified in the Contract. Neither Party limits its In no event shall the Service Provider’s liability for to the ESM arising out of the Contract exceed the greater of (a) one million euro or (b) the maximum remuneration payable to the Service Provider under the Contract. Notwithstanding the foregoing, the Service Provider’s liability shall not be limited in the events of wilful intent or gross negligence or in respect of death or personal injury caused by resulting from acts, omissions or negligence on the part of the Service Provider. This § 14 does not apply to any indemnity provided under the Contract. If a Force Majeure Event occurs which prevents, hinders or delays a Party from performing its negligence or obligations under the negligence of its employees.Neither the Contract, the affected Party shall be, will not be liable to the other Party for any indirect, special, consequential non-performance or incidental damages improper performance of whatsoever kind or nature arising out of or in connection with this Framework Agreement, including but not limited its obligations to any loss, cost, damage, loss of revenue, loss of profit or loss of use, incurred or suffered the extent that its ability to perform those obligations has been directly affected by the victim Party or any third party resulting from a defect, an incident, Force Majeure Event (and the failure performance of the Sheets in accordance with affected obligations shall be suspended until cessation of the terms of this Framework Agreement. This exemption of liability only applies if Force Majeure Event), provided that: the affected Party notifies the other Party was advised in writing as soon as reasonably practical of the possibility occurrence of such damages. The foregoing shall not affect the Client’s right to claim compensation against Force Majeure Event and the Contractor for damages suffered by nature and likely duration of its impact upon the Client arising directly from performance of the performance, bad performance or obligations; proper business continuity plans are in place and their procedures had been followed; the non-performance or improper performance (including in particular any delay) could not have been prevented by reasonable precautions or could not have been reasonably circumvented by the use of alternative sources, workarounds or other means; the affected Party continues to use its best endeavours to recommence performance to the extent possible without delay; and the affected Party continues to perform all its obligations which have not been affected by the Force Majeure Event. Upon cessation of the Contractors’s duties and/or obligations under this Framework AgreementForce Majeure Event, 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 affected Party 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 promptly notify the other Party of the nature such cessation and resume performance of the obstruction preventing it from performing its dutiesaffected obligations. During the existence of such obstruction the concerned Party shall The ESM will not be bound obliged to perform the obligations resulting from this Framework Agreement. As soon as the obstacle ceases pay any fees and/or reimburse any expenses relating to exist, the affected party shall resume its obligations towards until the other party and shall do its utmost to remedy the consequences of the temporary nonService Provider re-performance of its obligations pursuant to this Framework Agreement. The Party that has a statutory right not to perform its obligations due to force majeure shall not be liable for the damage incurred by the other party in this connectioncommences their performance.

Liability and Force Majeure. Liability conditions abide by The Service Provider shall be liable to the Civil CodeESM for any loss, injury or damage arising out of the performance (or non-performance or improper performance) of the Services, including for failing to submit deliverables within the term specified in the Contract. Neither Party limits its In no event shall the Service Provider’s liability for to the ESM arising out of the Contract exceed the greater of (a) one million euro or (b) the maximum remuneration payable to the Service Provider under the Contract. Notwithstanding the foregoing, the Service Provider’s liability shall not be limited in the events of wilful intent or gross negligence or in respect of death or personal injury caused by its resulting from acts, omissions or negligence on the part of the Service Provider. This § 14 does not apply to any indemnity provided under the Framework Agreement or the negligence of Contract. If a Force Majeure Event occurs which prevents, hinders or delays a Party from performing its employees.Neither obligations under the Framework Agreement or the Contract, the affected Party shall be, will not be liable to the other Party for any indirect, special, consequential non-performance or incidental damages improper performance of whatsoever kind or nature arising out of or in connection with this Framework Agreement, including but not limited its obligations to any loss, cost, damage, loss of revenue, loss of profit or loss of use, incurred or suffered the extent that its ability to perform those obligations has been directly affected by the victim Party or any third party resulting from a defect, an incident, Force Majeure Event (and the failure performance of the Sheets in accordance with affected obligations shall be suspended until cessation of the terms of this Framework Agreement. This exemption of liability only applies if Force Majeure Event), provided that: the affected Party notifies the other Party was advised in writing as soon as reasonably practical of the possibility occurrence of such damages. The foregoing shall not affect the Client’s right to claim compensation against Force Majeure Event and the Contractor for damages suffered by nature and likely duration of its impact upon the Client arising directly from performance of the performance, bad performance or obligations; proper business continuity plans are in place and their procedures had been followed; the non-performance or improper performance (including in particular any delay) could not have been prevented by reasonable precautions or could not have been reasonably circumvented by the use of alternative sources, workarounds or other means; the affected Party continues to use its best endeavours to recommence performance to the extent possible without delay; and the affected Party continues to perform all its obligations which have not been affected by the Force Majeure Event. Upon cessation of the Contractors’s duties and/or obligations under this Framework AgreementForce Majeure Event, 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 affected Party 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 promptly notify the other Party of the nature such cessation and resume performance of the obstruction preventing it from performing its dutiesaffected obligations. During the existence of such obstruction the concerned Party shall The ESM will not be bound obliged to perform the obligations resulting from this Framework Agreement. As soon as the obstacle ceases pay any fees and/or reimburse any expenses relating to exist, the affected party shall resume its obligations towards until the other party and shall do its utmost to remedy the consequences of the temporary nonService Provider re-performance of its obligations pursuant to this Framework Agreement. The Party that has a statutory right not to perform its obligations due to force majeure shall not be liable for the damage incurred by the other party in this connectioncommences their performance.