Basis of liability Clause Samples

Basis of liability. 1. The carrier shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used. 2. The carrier shall be relieved of this liability (a) if the accident has been caused by circumstances not connected with the operation of the railway and which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; (b) to the extent that the accident is due to the fault of the passenger; (c) if the accident is due to the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected. 3. If the accident is due to the behaviour of a third party and if, in spite of that, the carrier is not entirely relieved of his liability in accordance with paragraph 2, letter c), he shall be liable in full up to the limits laid down in these Uniform Rules but without prejudice to any right of recourse which the carrier may have against the third party. 4. These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in paragraph 1. 5. If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to the contract of carriage to provide the service of carriage in the course of which the accident happened shall be liable in case of death of, and personal injuries to, passengers. When this service has not been provided by the carrier, but by a substitute carrier, the two carriers shall be jointly and severally liable in accordance with these Uniform Rules.

Basis of liability. (1) The Multi-modal Transport Operator shall be liable for loss resulting from loss of or damage to the goods for delay in delivery and any consequential loss or damage arising from such delay if the occurrence which caused such loss, damage or delay in delivery, took place while the goods were in his charge unless the Multimodal Transport Operator proves that he, his servants or agents or any other persons whose services used for the performance of the contract evidenced by this Multimodal Transport Document, took all measures that would reasonably be required to avoid the occurrence and its consequences. (2) Where fault or neglect on the part of the Multimodal Transport Operator, his servants or agents or any other person whose services he uses for the performance of the contract evidenced by this MTD, combines with another cause to produce loss or damage or delay in delivery, the Multimodal Transport Operator shall be liable for such losses.

Basis of liability. 6.1.1. The Freight Forwarder's duty of care

Basis of liability. The obligations of each of the Placing Banks under this Agreement are several and not joint or joint and several. Other than as expressly set out in this Agreement, nothing contained or implied in this Agreement constitutes a Placing Bank the partner, agent or representative of any other Placing Bank for any purpose or creates any partnership, agency or trust between them and none of them has the authority to bind the others in any way. No Placing Bank is liable to any other person for the acts or omissions of, advice given by or failure or default of another Placing Bank.

Basis of liability. 33.1 The liabilities and obligations of the Sellers under this Agreement shall be joint and several. If any liability of any of the Sellers is or becomes illegal, invalid or unenforceable in any respect, that shall not impair the liabilities of the other Sellers under this Agreement. 33.2 The liabilities and obligations of the Purchasers under this Agreement shall be joint and several. If any liability of any of the Purchasers is or becomes illegal, invalid or unenforceable in any respect, that shall not impair the liabilities of the other Purchaser under this Agreement.

Basis of liability. 23.1 The Warrantors shall have no liability for any claim under this Agreement or any Locked Box Claim to the extent that the Company may bring a claim in respect of the same loss, liability, facts or circumstances under the Put Option Sale Agreement and where its entitlement to recover under the Put Option Sale Agreement would not be less than under this Agreement.

Basis of liability. 1. The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery. 2. The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the registered luggage or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent. 3. The carrier shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent in one or more of the following circumstances: (a) the absence or inadequacy of packing; (b) the special nature of the luggage; (c) the consignment as luggage of articles not acceptable for carriage.

Basis of liability. Where two or more persons constitute the Customer, their liability is joint and several.

Basis of liability. 18.8.1 Any agreement, covenant, representation, warranty or undertaking pursuant to this Agreement on the part of two or more parties shall, save where the contrary is expressly provided, be deemed to be made on a several basis. Other than where joint action is expressly provided for, each of the Managers and Indemnified Persons shall (except as otherwise agreed among them) have the right to protect and enforce each of its rights without joining any of the others in any proceedings. 18.8.2 The obligations of the Managers under this Agreement are several and are not joint or joint and several. 18.8.3 Other than as expressly set out in this Agreement, nothing contained or implied in this Agreement constitutes a Manager as the partner, agent or representative of any other Manager for any purpose or creates any partnership, agency or trust between them and none of them has the authority to bind the others in any way. No Manager is liable to any other person for the acts or omissions of, advice given by or failure or default of another Manager.