Obligations and liability Sample Clauses

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. 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. 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. 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. (a) The Shipper shall insure/maintain a valid insurance cover for the goods from the original point of pickup to the final point of delivery at its own cost and shall waive/cause to waive the right of subrogation against the Company. No insurance will be effected except upon express instructions given in writing by the Customer. All insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk and the Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its Customer. (b) The Shipper shall be deemed to have truthfully and accurately declared all particulars relating to the general nature and description of the goods, their marks, numbers, weights, volume and quantity and, if applicable, the dangerous character of the goods, as furnished. (c) The Shipper shall be liable for all loss or damage, costs, expenses and any fines or charges imposed by the authority resulting from the inaccurate, fraudulent or incomplete information or instructions provided for the carriage of the goods. (d) In the event the company shall become liable to any other party resulting from the inaccurate or fraudulent information, whether the company is negligent or otherwise, the Shipper shall indemnify and hold harmless the company accordingly for such action taken against the company. (e) Where other costs and expenses are payable, including duties or such other additional charges, the Company shall be entitled to claim the same on the Shipper, notwithstanding there being any claim on the Company for any loss of or damage to the goods, the monies so paid out by the Company on behalf of the Shipper shall become payable without any reduction or deferment on the account of any claim, counter-claim or set-off against any amount owing to the Company. (f) Where the Shipper is in arrears of any payments for freight and services rendered by the Company and the outstanding exceeds the agreed credit period, the Company shall be entitled to impose a late payment penalt...

Obligations and liability. 30.1. Non-excludable Consumer rights Consumers, as defined under various consumer protection Laws, have rights that cannot be excluded, and cannot be limited, or can only be limited in certain ways. These rights are in addition to, and not instead of, other rights you may have. These rights include, but are in no way limited to, the right to a refund or rebate for significant interruptions to a Service or a right to terminate your Contract for prolonged or repeated interruptions. 30.2. Personal, domestic or household goods If we supply you with Sold Equipment or other goods of a kind ordinarily acquired for personal, domestic or household use or consumption: 30.2.1. they come with non-excludable warranties, including that we are the rightful owner, the goods are reasonably fit for their purpose, are not damaged, and match any description or sample; 30.2.2. you are entitled, at your option, to a refund, repair or replacement for a breach of those warranties and to compensation for any other loss; and 30.2.3. there is no limitation on our liability for breach of those warranties. These warranties are separate from any manufacturer’s warranty. 30.3. Personal, domestic or household Services If we supply you with Services of a kind ordinarily acquired for personal, domestic or household use or consumption: 30.3.1. they come with non-excludable warranties, including that they will be provided with due care and skill and be reasonably fit for their purpose; 30.3.2. you are entitled, at your option, to a refund or service redelivery for a breach of those warranties and to compensation for any other loss; and 30.3.3. there is no limitation on our liability for breach of those warranties. 30.4. Goods under $40,001 If we supply you with Sold Equipment or other goods not of a kind ordinarily acquired for personal, domestic or household use or consumption but that have a cash price under $40,001: 30.4.1. they come with non-excludable warranties, including that we are the rightful owner, the goods are reasonably fit for their purpose, are not damaged, and match any description or sample, but 30.4.2. our liability for breach of those warranties is limited, at your option, to: 30.4.2.1. replacing the goods (or paying the cost of doing so), 30.4.2.2. supplying equivalent goods (or paying the cost of doing so), 30.4.2.3. repairing the goods (or paying the cost of doing so). These warranties are separate from any manufacturer’s warranty. 30.5. Services under $40,001 If we su...

Obligations and liability. 3.1 Assumed Liabilities 3.2 Excluded Liabilities

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.