LIABILITY 7 Sample Clauses

LIABILITY 7. 1. In case the payment for the Goods is not made in time specified in this Contract The Buyer shall reimburse all fines and penalties caused by such delayed payment. 7.2. For any delay in payment for Goods or settlement of this Contract the interest for the unlawful retention of funds may be charged at the rate LIBOR interest rates for 1-month deposits in US dollars plus 2% of the debt amount. However, compound interest is not computed. 7.3. The Parties acknowledge that in case of overdue payment under this Contract for more than 10 banking days such overdue is a material breach of terms and conditions of this Contract. In this case the Seller shall be entitled at its sole discretion to unilaterally repudiate the Contract or part thereof out of court, not paying any penalties and without any reimbursement to Buyers, and claim Buyers for damages incurred. 7.4. The liability of the Parties hereunder shall be limited to the amount of documented direct losses incurred by the other Party. 7.5. Neither the Seller nor the Buyer shall be liable, whether in Contract, tort or otherwise, for any indirect, consequential or special losses, damages or expenses of any kind directly or indirectly arising out of or in any way connected with the performance of this Contract. 7. ОТВЕТСТВЕННОСТЬ 7.1. Если платеж за товар не будет произведен по вине Покупателя в сроки, указанные в настоящем Контракте, то Покупатель возмещает Продавцу все штрафы и пени, возникшие вследствие такой просрочки платежа. 7.2. При любой просрочке в оплате товара или расчетах по настоящему Контракту на сумму задолженности могут быть начислены проценты за неправомерное пользование чужими денежными средствами по ставке LIBOR для 1-месячных депозитов в долларах США плюс 2 %. Однако, проценты на проценты не начисляются. 7.3. Стороны признают, что в случае просрочки оплаты по настоящему Контракту более чем на 10 банковских дней такая просрочка является существенным нарушением положений и условий настоящего Контракта. В этом случае Продавец вправе по своему усмотрению в одностороннем внесудебном порядке отказаться от исполнения Контракта полностью или в части без уплаты Покупателю каких-либо штрафов и компенсации убытков и потребовать от Покупателя возместить убытки. 7.4. Ответственность каждой из Сторон ограничивается обязательством возместить другой Стороне документально подтвержденный реальный ущерб. 7.5. Ни Продавец, ни Покупатель не будут нести ответственности вследствие настоящего Договора, деликта или...
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LIABILITY 7. 1 Nothing in this agreement shall exclude or restrict the liability of either party for death or personal injury resulfing from its negligence.
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LIABILITY 7. 1) The aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other Party under or in connection with the Contract shall in no event exceed the £2 million. (7.2) The aggregate liability under the Contract of either Party for all Defaults shall in no event exceed the greater of £2 million or 125 per cent of the Contract Charges payable by the Customer to the Supplier.
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LIABILITY 7. 1 Proofs If UWS submits to the Customer a proof of the Goods UWS will not be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the Customer before the Order was completed. 7.2 Non-excludable Rights The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). 7.3 Disclaimer of Liability UWS disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of UWS for a breach of a Non-excludable Right is limited, at UWS’s option, to the supplying of the Goods and/or any Services again or payment of the cost of having the Goods and/or any Services supplied again. 7.4 Indirect losses Notwithstanding any other provision of these Terms and Conditions, UWS is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for: a. any increased costs or expenses; b. any loss of profit, revenue, business, contracts or anticipated savings; c. any loss or expense resulting from a claim by a third party; or d. any special, indirect or consequential loss or damage of any nature whatsoever caused by UWS’s failure to complete or delay in completing the Order or to deliver the Goods and/or Services. 7.5 Electronic data Without limiting the generality of the foregoing clauses, UWS will not be liable to the Customer for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the Customer to UWS. 7.6 Customer’s property Subject to clause 7.5, UWS will not be liable for the damage, loss or destruction of any property of the Customer in UWS’s possession unless the loss or damage is due to the failure of UWS to exercise due care and skill in handling or storing the property. 7.7 Force Majeure UWS will have no liability to the Customer in relation to any loss, damage or expense caused by UWS’s f...
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LIABILITY 7. 4.1 In relation to the carrying on by the Vendor of the Business and the state and use of the Property: (i) so far as the Vendor is aware, there are no facts or circumstances which may give rise to any material actual or potential liability (whether civil or criminal) on the part of the Vendor in relation to EHS Matters; (ii) the Vendor has not received any notice or intimation of any complaint or claim from any person in respect of EHS Matters; (iii) the Vendor is not and has not been engaged in any action, litigation, arbitration or dispute resolution proceedings and is not subject to any investigation under EHS Law or otherwise in relation to EHS Matters and the Vendor is not aware of any such matters pending or being threatened or of any circumstances or facts likely to give rise to any such matters. 8. Intellectual Property Rights 8.1 The processes and patents listed in Schedule 3 are all the processes and patents used in the Business as it is carried on as at Completion. 8.2 The Business Intellectual Property is legally and beneficially owned by the Vendor free from any liens, security interests of other encumbrances. The Business -------------------------------------------------------------------------------- Agreement Page 49 <PAGE> Zarlink Semiconductor Limited Beachcroft LLP -------------------------------------------------------------------------------- Intellectual Property and the Licensed In Intellectual Property together comprise all the Intellectual Property used in the Business as it is carried on at the Transfer Date. 8.3 All Business Intellectual Property which is registered or the subject of application for registration is listed and briefly described in Schedule 3 and all unregistered trade marks forming part of the Business Intellectual Property are listed and briefly described in Schedule 3. 8.4 So far as the Vendor is aware, there is, and has been, no infringement of or dispute as to the ownership or validity of any of the Business Intellectual Property and none is pending or threatened. 8.5 Complete and accurate copies of all written licences, sub-licences and other agreements whereby the Vendor is licensed or otherwise authorised to use the Intellectual Property Rights of Know How of a third party in relation to the Business or whereby the Vendor licences or otherwise authorises a third party to use Business Intellectual Property or Business Know How and which, in any such case, are material to the Business, are attached to the Di...
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Related to LIABILITY 7

  • Liability Limitation CHANNELADVISOR IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE CHANNELADVISOR PLATFORM, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL SELECTION OF PARTIES WITH WHOM CUSTOMER DOES BUSINESS, AND FOR TERMS AND CONDITIONS OF CUSTOMER’S AGREEMENTS WITH THOSE PARTIES AND WITH NETWORK SITES AND FLEX FEED DESTINATIONS. CHANNELADVISOR HAS NO RESPONSIBILITY FOR THE QUALITY OR AVAILABILITY OF GOODS OR SERVICES PROVIDED BY CUSTOMER, ANY BUYER'S ABILITY TO PAY, ANY THIRD PARTY'S COMPLIANCE WITH THE TERMS OF A TRANSACTION, OR FOR ANY INJURY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE GOODS OR SERVICES OBTAINED BY A BUYER OR SOLD BY CUSTOMER THROUGH USE OF THE SERVICES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT OR ANY APPLICABLE SOW, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CHANNELADVISOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR APPLICABLE SOW WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE SOW GIVING RISE TO THE CLAIM DURING THE TWELVE MONTH PERIOD IMMEDIATELY BEFORE THE DATE THE CLAIM AROSE. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF CERTAIN DAMAGES RELATED TO A PARTICULAR CAUSE OF ACTION, THEN THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Liability Limit THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST US WILL BE LIMITED TO DIRECT, ACTUAL DAMAGES, AND NEITHER NEXTERA ENERGY SERVICES OHIO, LLC NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT (INCLUDING LOSS OF PROFITS) OR PUNITIVE DAMAGES.

  • Liability Limits Notwithstanding anything to the contrary set forth herein:

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Liability Cap Subject to the Sections titled ‘Unlimited Liability’ and ‘Exclusion of Damages’, the maximum aggregate liability of either party (or its respective Affiliates or SAP’s subcontractors) to the other or any other person or entity for all events (or series of connected events) arising in the Contract Term will not exceed the fees paid for Individual Orders during the Contract Term up until the date upon which the incident occurred whereby liability arose.

  • 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.

  • Liability for loss or damage Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence.

  • Civil Liability 47.01 If any civil action is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of their assigned duties, (a “workplace claim”) then:

  • Umbrella Liability The Umbrella / Excess Liability must be at least as broad as the underlying general liability and automobile liability policies. Limits – Each Occurrence $1,000,000 General Aggregate $1,000,000

  • Liability Limitations This paragraph limits the liabilities arising under this Agreement or any SOW and is a bargained-for and material part of our business relationship with you. You acknowledge and agree that Verticomm would not enter into any SOW or this Agreement unless Verticomm could rely on the limitations described in this paragraph. In no event shall either party be liable for any indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits (except for fees due and owing to Verticomm), savings, or other indirect or contingent event-based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of the possibility of such damages; however, reasonable attorneys’ fees awarded to a prevailing party (as described below), your indemnification obligations, and any amounts due and payable pursuant to the non-solicitation provision of this Agreement shall not be limited by the foregoing limitation. Except for the foregoing exceptions, a responsible party’s (“Responsible Party’s”) aggregate liability to the other party (“Aggrieved Party”) for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement (collectively, “Claims”), whether in contract, tort, indemnification, or negligence, shall be limited solely to the amount of the Aggrieved Party’s actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to Verticomm for the specific Service upon which the applicable claim(s) is/are based during the three (3) month period immediately prior to the date on which the cause of action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party’s willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party’s liability obligation shall be reduced to the extent that a Claim is caused by, or the result of, the Aggrieved Party’s willful or intentional misconduct, or gross negligence.

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