Common use of General Clause in Contracts

General. (a) Insofar as not otherwise provided for herein, including the following provisions, Service Provider shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties. (b) Service Provider shall be liable for damages – irrespective for what legal grounds – in case of willful intent and gross negligence. With slight negligence, Service Provider shall only be liable for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Service Provider’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages. (c) This limitation of liability does not apply to damages from the injury to life, body or health.

General. (a) Insofar as not otherwise provided for herein, including the following provisions, Service Provider shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties. (b) Service Provider shall be liable for damages – irrespective for what legal grounds – in case of willful wilful intent and gross negligence. With slight negligence, Service Provider shall only be liable for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Service Provider’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages. (c) This limitation of liability does not apply to damages from the injury to life, body or health.