Obligations and liability Sample Clauses
Obligations and liability. 6.3.1 The obligations of each of the Warrantors shall be binding on his or its personal representatives and successors (as the case may be).
6.3.2 Any liability to any party to this Agreement may in whole or in part be released, compounded or compromised and time or indulgence may be given by any party as regards any person under such liability without prejudicing the rights of any other party or the relevant party’s other rights against such person or the relevant party’s rights against any other person under the same or a similar liability.
6.3.3 Subject to the provisions of the Agreement Among Hong Kong Underwriters (which shall not be binding on or confer any rights upon any persons other than the parties thereto), for the avoidance of doubt, neither the Joint Sponsors, the Overall Coordinators, the Joint Global Coordinators, the Joint Bookrunners, the Joint Lead Managers, the Co- lead Manager, the CMIs nor any of the other Hong Kong Underwriters shall be responsible or liable for any breach of the provisions of this Agreement by any of the Hong Kong Underwriters (other than itself in its capacity as a Hong Kong Underwriter).
6.3.4 Save and except for any loss or damage finally judicially determined to have arisen solely and directly out of any gross negligence, wilful default or fraud on the part of the Joint Sponsors, the Overall Coordinators, the Joint Global Coordinators, the Joint Bookrunners, the Joint Lead Managers, the Co-lead Manager, the CMIs or the other Hong Kong Underwriters, no claim shall be made against the Joint Sponsors, the Overall Coordinators, the Joint Global Coordinators, the Joint Bookrunners, the Joint Lead Managers, the Co-lead Manager, the CMIs, the other Hong Kong Underwriters or against any other of the Indemnified Persons (as defined below) (such right of the Indemnified Persons being held by the Hong Kong Underwriters as trustee for the Indemnified Persons) by the Company and/or any of the other Warrantors (and each of the Warrantors shall procure that none of its Affiliates shall make any such claim), to recover any damage, cost, charge or expense which any of the Warrantors may suffer or incur by reason of or arising out of the carrying out by the Joint Sponsors, the Overall Coordinators, the Joint Global Coordinators, the Joint Bookrunners, the Joint Lead Managers, the Co-lead Manager, the CMIs or the other Hong Kong Underwriters of the work to be done by any of them or the performance of their respective obligations h...
Obligations and liability. 23.1 The Client that fails to fulfil the obligations arising from these General Terms and Conditions and Agreements, or fails to do so satisfactorily, is obliged to compensate Wiertz Company for all resulting damage or loss.
23.2 During the term of the Agreement, the Client is liable for damage or loss suffered by Wiertz Company, the Employee and/or third parties as a result of the Employee’s acts and/or omissions. Wiertz Company is not liable for damage or loss of the Client as a result of the Employee’s acts and/or omissions.
23.3 The Client is obliged to take out adequate insurance to cover the liabilities specified in this article.
23.4 If it is established in law or otherwise that Wiertz Company could be liable vis-à-vis the Client for damage or loss suffered in connection with the Agreement, or by virtue of an unlawful act or on any other grounds, this liability, including any payment obligation by virtue of Section 6:230 and/or Section 6:271 of the Dutch Civil Code, will at all times and its entirety be limited to what is stipulated in this provision:
a. Wiertz Company is never liable for consequential damage or loss, lost profits, lost income, lost revenue, missed savings and damage or loss due to business interruptions and other stagnations;
b. the liability of Wiertz Company, including any payment obligation by virtue of an obligation to undo and any payment obligation under Section 6:230 of the Dutch Civil Code, vis-à-vis the [Ultimate] Client is at all times limited to the actual amount that the liability insurance of Wiertz Company pays out in the relevant case.
23.5 These restrictions do not apply in the event of intent or deliberate recklessness on the part of Wiertz Company and/or of Employees.
Obligations and liability. 1. In view of the fact that the powers and obligations in connection with the management and supervision are actually exercised by the Client or rest on the Client, the Client will indemnify us against and compensate us with regard to all claims by Temporary Workers and third parties in connection with the (alleged) damage suffered during or in connection with the performance of the work for the Client, such as claims pursuant to Sections 7:658, 7:611, 6:107, 6:108, 6:162 and 6:170 of the Dutch Civil Code. The term damage also means the costs, including the actual costs of legal assistance. During the Agreement the Client is liable for the damage that we, the Temporary Worker and/or third parties suffered by the actions and/or omissions of the Temporary Worker.
2. You are obliged to take out sufficient insurance to cover the damage and liabilities in connection with the Agreement.
3. We will never be liable for damage caused by us relying on (incorrect) data, files, aids and information provided by you or on your behalf.
4. We will never be liable for your lost profits, lost income, lost turnover, missed savings and damage suffered due to business and other stagnation.
5. Our liability, including any payment obligation on account of an obligation to undo the wrong done and any payment obligation on account of Section 6:230 of the Dutch Civil Code is always limited to the amount that our insurer actually pays out in the respective case. If no payment under our liability insurance is forthcoming, our total liability will always be limited to a maximum of €150,000 per damage and per year, regardless of the basis for liability and the number of damage-causing events.
6. Limitations of our liability do not apply in the event of our intention or conscious recklessness and/or that of our employees.
7. A claim on us will lapse twelve months after it arose, or twelve months after you have become aware of the actual grounds of the claim or should reasonably have been aware of this ground.
Obligations and liability. 5.1 Each Party shall:
(i) use the highest possible good standard endeavours to ensure the accuracy of any information it provides and the highest possible diligence in its research and development work and tasks it performs hereunder;
(ii) ensure not to use any proprietary rights or to grant licences, rights to use or any other similar industrial or intellectual property rights of a third party for which such Party has not acquired the right to grant licences and user rights to the other Party. In the event that a claim is brought by a third party, the Party having furnished the disputed documentation shall be solely responsible for the defence and settlement of such claim. Further, it shall indemnify and hold harmless the other Party from all costs, claims, actions, expenses or liabilities incurred by or imposed upon such other Party as a result of or in connection with its failure, breach or default by using other’s property rights or granting licences, rights to use or any other’s similar industrial or intellectual property rights.
5.2 Notwithstanding the above, the Parties shall assume no liability for the result of the cooperation and neither Party accepts any liability or responsibility for any use which may be made by the other Party of any results of the cooperation.
5.3 Neither Party shall be liable to the other in connection with this Agreement or the subject matter hereof for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liability arises out of contract, or as a result of the use of the information provided hereunder.
Obligations and liability. 6.3.1 The obligations of each of the Company, the Selling Shareholder, the Executive Directors shall be binding on his, her or its personal representatives and successors (as the case may be).
Obligations and liability. 3.1 Assumed Liabilities 3.2 Excluded Liabilities
Obligations and liability. 10.1. BVCM People shall not be liable for any damage caused during, by or in connection with this Agreement, except if and insofar as the damage suffered is caused by intent or gross negligence on the part of BVCM People B.V. or its own Credit Professionals or other employees.
10.2. The Principal is obliged to furnish and maintain the premises, tools and equipment with which the Credit Professional made available by BVCM People B.V. performs the work in such a manner, as well as to take such measures and provide instructions for the performance of the work as are reasonably necessary to prevent the Credit Professional made available to it by BVCM People from performing his work at the Client suffers damage. The Client is fully liable for the damage suffered by the Credit Professional or other employee of BVCM People as a result of any shortcoming with regard to the obligation referred to in the previous sentence.
10.3. BVCM People is never obliged to compensate for immaterial damage, indirect damage or consequential damage, including loss of profit, trading loss, (additional) costs, indirect or direct damage to third parties or any other damage whatsoever. Insofar as BVCM People should prove liable for other damage, BVCM People's liability for damage suffered by the Principal caused by the late or improper performance of the assignment shall be limited to a maximum of the amount of the compensation charged by BVCM People to the Principal for the performance of the work in which the damage is caused. on the understanding that only the remuneration relating to the last six months in which those activities were performed shall be taken into account. However, any compensation owed by BVCM People to the Client will never exceed the amount for which BVCM People's liability is covered by insurance, or at least the amount of € 25,000.=. The foregoing is subject to an exception in the event of intent or gross negligence on the part of BVCM People. In these and the following provisions of this article, BVCM People also includes its employees as well as any third parties engaged by it in the execution of the assignment.
10.4. BVCM People shall stipulate all legal and contractual means of defence which it may invoke in order to defend itself against the Principal, including for the benefit of its subordinates and non-subordinates for whose conduct it is liable under the law.
10.5. If the Client fails in its obligations, it is liable for the damage resulting from this....
Obligations and liability. 7.1. The following shall be legally binding on the Customer:
(a) The activity carried out by the User (including such User, which has been appointed by the Administrator) in the Internet Banking environment or in the environ- ment of another service provider, in which, subject to the authentication using the Authorisation Means, re- ceiving of services on behalf of the Customer is ren- dered possible,
(b) The user of services specified by the Administrator or User, if the service includes the specification of such a user,
(c) Information, correspondence or notifications of all kinds transferred by SEB banka or SEB Company to the Customer, using the Internet Bank. Such information is considered to have been received when it is available in the Internet Bank to at least one User or Administra- tor,
(d) Correspondence or notifications made by the Adminis- trator or User to SEB banka.
7.2. The Customer shall assume all losses arising to him/her in relation to unauthorised or erroneous transactions through the Internet Bank, if the Customer, User or Administrator has acted unlawfully or has not performed, deliberately (wilfully) or due to gross negligence, any of the duties set forth in these Terms and Conditions.
7.3. SEB banka or SEB Company shall not be liable for the losses or disputes arising between the Customer and the Ad- ministrator/User.
Obligations and liability. The Licensee agrees to: □ Comply with the terms of this Agreement. □ Not use the Licensor's intellectual property for commercial purposes. □ Immediately cease using the intellectual property upon the publication of a revocation notice on the website. THE LICENSOR SHALL BEAR NO RESPONSIBILITY FOR ACTIONS TAKEN BY LICENSEES OR ANY OTHER PERSONS RELATED TO THE USE OF THE INTELLECTUAL PROPERTY, INCLUDING ITS USE WITH RESPECT TO THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY OPERATIONAL FAILURES, COMPLETENESS OF THE CODE, EMOTIONAL DISTRESS, ETC. ANY USE OF THE LICENSOR'S INTELLECTUAL PROPERTY IS CARRIED OUT BY THE LICENSEES AT THEIR OWN RISK, AND THEY ASSUME ALL RISKS ASSOCIATED WITH SUCH USE. FURTHERMORE, THEY AGREE NOT TO HOLD THE LICENSOR LIABLE FOR ANY CLAIMS, LEGAL ACTIONS, AND SO FORTH.
Obligations and liability. When you use your card or autho- rize anyone else to use your card, you agree to be bound by the provisions of this Agreement, to be responsible for all autho- rized transfers, withdrawals and transactions made by use of the card, and to be responsible for unauthorized use of the card to the extent permitted by law. You must tell us about any unauthorized transfer(s) from your business account as soon as possible (and within 60 days after the statement showing the transfer(s) was made available to you). If you do not notify us promptly, you may not get back the money you lost on either the initial unauthorized transfer or on any subsequent unauthorized transfers if we can prove that we could have stopped someone from completing the subsequent transfers if you had told us about the initial unauthorized transfer(s) in time.