Compensation and Limitation of Liability Sample Clauses

Compensation and Limitation of Liability. 6.1. In case of a breach of contract on the part of CONDAIR, the Customer may demand compensation for direct damages resulting from the breach. CONDAIR cannot be held liable for the Customer’s operating losses, loss of profits or other indirect losses resulting from delayed delivery or defects with the product. Nor can CONDAIR be held liable for claims exceeding the invoice amount, exclusive of VAT. 6.2. If, as part of the performance of the task, CONDAIR delivered or was referred to products by the Customer which were produced or developed by other parties than CONDAIR, CONDAIR shall not incur any liability whatsoever that extends beyond the amount CONDAIR can claim from the supplier of the respective products. Under no circumstances shall CONDAIR be liable for advice, dimensioning or other project planning carried out by the Customer or a third party. 6.3. CONDAIR shall not be held liable for defects resulting from unpacking, lack of compliance with operating instructions, including but not limited to incorrect use, exposure to mechanical effects and stress, lack of compliance with limit values for temperature, voltage, incorrect operation, lack of preventive or improper maintenance, replacements using non-original components, the customer’s own changes to the installation or due to external matters that cannot be attributed to CONDAIR or CONDAIR’s installation. 6.4. In case of delays, CONDAIR’s liability shall be limited such that CONDAIR’s total liability for daily fines and compensation claims cannot exceed an amount corresponding to 10% of the invoice amount. 6.5. CONDAIR has the right/duty to remedy all defects and deficiencies providing that the remedy is feasible and can take place without significant drawbacks for the Customer. 6.6. The Customer loses the right to compensation if such claims are not submitted in writing within 7 days of the time when the defect was realised, though no later than one year from the time of delivery.

Compensation and Limitation of Liability. 11.1. This Contract does not relieve the Customer of its legal and regulatory obligations or responsibilities to its end customers. It does not entail any delegation of responsibility from the Customer to ▇▇▇▇▇▇, except with regard to the responsibility of professional secrecy when ▇▇▇▇▇▇ acts within the framework of Article 41(2bis) of the Law of April 5, 1993 on the financial sector, as amended. 11.2. ▇▇▇▇▇▇'▇ liability, both in contract and tort, in the performance of the Contract is limited to (i) 50% of the amounts paid for the lost unit (i.e. the box or pallet) by the Customer to ▇▇▇▇▇▇ excluding VAT during the 12 (twelve) months preceding the event giving rise to liability and (ii) to foreseeable, direct, personal and certain damage directly and exclusively attributable to it, excluding all damage that cannot be attributed mainly to ▇▇▇▇▇▇ and all indirect, incidental, consequential damage (including any loss of turnover, customers, contracts and/or staff costs) or punitive damage (in particular in the event of a sanction imposed by a competent authority). ▇▇▇▇▇▇'▇ liability is also excluded when the handling related to the Service has been carried out by the Customer (e.g. when the Customer destroys the documents itself or when it accesses the archives). 11.3. The Customer acknowledges that it waives any recourse as from the confirmation of acceptance of the work. In the absence of such confirmation, ▇▇▇▇▇▇ may be held liable within a period of six (6) months from the date on which the Customer became aware or should reasonably have become aware of the improper performance of the Contract. 11.4. However, ▇▇▇▇▇▇'▇ liability cannot be excluded in the event of damage or prejudice suffered by the Customer as a direct result of gross negligence and/or intentional misconduct duly established by the final decision of a competent court. 11.5. The fact of exercising a right or remedy late or not exercising it does not constitute a waiver of such right or remedy. 11.6. The compensation stipulated in the Contract constitutes the only compensation that the Customer may claim in connection with the performance of the Contract.

Compensation and Limitation of Liability. 14 Section 1.

Compensation and Limitation of Liability. 15 Section 1.

Compensation and Limitation of Liability. Symetri is not entitled to any compensation for performance of the obligations related to processing of personal data under this DPA, except for such work and costs that arise due to Customer’s instructions or audits that entail additional work for Symetri compared with what otherwise follows from the Agreement, for example, requiring Symetri to change its working methods or make customised adaptions on behalf of Customer. In such case, Symetri’s from time to time applicable standard fees and prices shall apply. Each party shall be responsible for any damages and administrative fines imposed to it under articles 82 and 83 of the GDPR. Any limitation of liability set out in the Agreement shall apply.

Compensation and Limitation of Liability. The Holder of the Rights will indemnity and keep the Assigned Third Party distributors and distributors harmless from and against any and all losses, liability, damages, costs or expenses (including reasonable attorney fees and costs) arising from a claim by a third party for breach of any warranty, representation, covenant or obligation of the Holder of Rights under this Agreement, or any claim that any transmission of digital audio, sound recording, printed material or artwork provided to the Distributor and/or Distributor assigned by the Owner of the Rights that uses it infringes or infringes The Holder of rights will reimburse the Assignees of Distributors and/or Distributors the actual payments made in resolution of any liability or claim that is subject to compensation in this section. 12. Editorial law. Distributor reserves an abbreviated right to refuse to distribute any and all sound recordings of Rights Holder for good reason, bad reason, or no reason. 13.

Compensation and Limitation of Liability. 17 Section 1. Compensation of Trustees 17 Section 2. Indemnification and Limitation of Liability 17 Section 3. Trustee's Good Faith Action, Expert Advice, No Bond or Surety 18 Section 4. Insurance 18

Compensation and Limitation of Liability. 8.1 For the purposes of this section, "Claim" means any act, omission, claim, complaint, demand, request, suit, motion, cause of suit, damage, cost, loss, liability or expense relating to, or arising from, directly or indirectly, the execution of this Convention. 8.2 The Contractor acknowledges that CRACKBOOM can in no way be held responsible for: 8.2.1 any inaccuracy or error in the dissemination of images and/or videos via the Software and/or any Designated Equipment; or 8.2.2 any Claim that CRACKBOOM's customers may have due to the display of images and/or videos that are out of CRACKBOOM's control, including the failure of the Software due to the malfunction of the Internet connection and/or a malfunction of the Designated Equipment. 8.3 The provisions of this Section 8 shall survive the expiration or termination, for any reason whatsoever, of this Agreement.

Compensation and Limitation of Liability