Common use of OCCURRED Clause in Contracts

OCCURRED. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against Begell House, Inc. unless suit is filed thereon within one (1) year after the event giving rise to the claim. Begell House, Inc. shall not be liable for any failure to perform or delay in performance hereunder due to unforeseen circumstances or resulting from a cause over which Begell House, Inc. does not have direct control, including, but not limited to, failure of electrical, mechanical, or telecommunications equipment, transmission error, theft, hacker attacks, or software or equipment incompatibilities. The Subscriber assumes sole responsibility for all access and use of the Begell Digital Library online service and the Online Journals by the Subscriber and by each Authorized User. The Subscriber shall not be liable for unauthorized use or other breach of this License by an Authorized User provided that the Subscriber did not cause, condone, consent to, or knowingly assist in such breach, or, after becoming aware of the occurrence of a breach, failed to take reasonable steps to prevent the continuation of such breach. Subject to the foregoing, the Subscriber shall hold Begell House, Inc. harmless from and against any and all liabilities, damages, judgments, settlements, losses, and expenses (including reasonable attorneys’ fees and expenses, experts’ fees, and court costs for Begell House, Inc.’s defense of indemnified claims) incurred by reason of any claim asserted by third parties against Begell House, Inc. arising out of or resulting from any unauthorized use of the content from Online Journals by the Subscriber or Authorized Users in violation of this License, or any violation of any third-party’s rights by the Subscriber or Authorized Users, including, but not limited to, infringement of copyright.

OCCURRED. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against Begell House, Inc. unless suit is filed thereon within one (1) year after the event giving rise to the claim. Begell House, Inc. shall not be liable for any failure to perform or delay in performance hereunder due to unforeseen circumstances or resulting from a cause over which Begell House, Inc. does not have direct controlcon- trol, including, but not limited to, failure of electrical, mechanical, or telecommunications equipment, transmission error, theft, hacker attacksat- tacks, or software or equipment incompatibilities. The Subscriber assumes sole responsibility for all access and use of the Begell Digital Library online service and the Online Journals by the Subscriber and by each Authorized User. The Subscriber shall not be liable for unauthorized use or other breach of this License by an Authorized Au- thorized User provided that the Subscriber did not cause, condone, consent to, or knowingly assist in such breach, or, after becoming aware of the occurrence of a breach, failed to take reasonable steps to prevent the continuation of such breach. Subject to the foregoing, the Subscriber shall hold Begell House, Inc. harmless from and against any and all liabilities, damages, judgments, settlements, losses, and expenses expens- es (including reasonable attorneys’ fees and expenses, experts’ fees, and court costs for Begell House, Inc.’s defense of indemnified claims) incurred by reason of any claim asserted by third parties against Begell House, Inc. arising out of or resulting from any unauthorized use of the content from Online Journals by the Subscriber or Authorized Users in violation of this License, or any violation of any third-party’s rights by the Subscriber or Authorized Users, including, but not limited to, infringement in- fringement of copyright.