Common use of Breach of Contract Liability Clause in Contracts

Breach of Contract Liability. (1) Claims to compensation based on a breach of duty shall only be incurred in the event of intent and gross negligence on the part of the Contractor. The Contractor shall not be liable for slight negligence. This restriction shall not apply to damage arising from harm to life, limb or health or in the event of a breach of fundamental contractual obligations. (2) With regard to businessmen, liability for material and financial damage incurred as a result of gross negligence on the part of a simple vicarious agent shall be limited to typical, foreseeable damage relevant to contracts of this type. (3) No liability shall be accepted for indirect damage, in particular lost profits. (4) The Contractor shall not be liable if the broadcast fails to be made, or is delayed, interrupted or ended for reasons for which he is not responsible (e.g. strike; force majeure; construction / demolition works carried out or ordered by official institutions; interruptions or disruptions to online and mobile communication traffic due to internal or external influences; programme outages due to technical defects beyond the Contractor's scope of influence). In the event that the broadcast fails to be made, or is delayed, interrupted or ended for reasons for which the Contractor is responsible, the Client shall be provided with a substitute broadcast for the duration of the down time. If the purpose of the advertising cannot be achieved with a substitute broadcast, the Contractor shall reimburse the Client the remuneration already paid for the lost time. The Client shall not be entitled to any further claims to compensation. (5) Written notice of any obvious faults shall be filed with the Contractor immediately after the commencement of the broadcast, but at the latest up to one week after the broadcast has ended.