Common use of LIABILITY ALLOCATIONS Clause in Contracts

LIABILITY ALLOCATIONS. ‌ 17.1 Liability of ▇▇▇▇ to a Financial Institution where PEXA fails to perform the Services‌ (a) Subject to the exclusions set out in sub-clause 17.2 and the limitations set out in sub-clause 17.3, ▇▇▇▇ will be liable to the Financial Institution for any loss or damage (excluding loss or damage of the kind excluded under paragraph 17.7(a)) that the Financial Institution may suffer or sustain arising from a breach by ▇▇▇▇ of its obligations under paragraph 6.1(a) of this Participation Agreement. The amount of any such loss or damage that is recoverable by the Financial Institution from PEXA will be calculated in accordance with the general law (subject to the exclusion referenced in paragraph 17.7(a)).‌

LIABILITY ALLOCATIONS. ‌ 17.1 Liability of ▇▇▇▇ to a Financial Institution where PEXA fails to perform the Services‌Services (a) Subject to the exclusions set out in sub-clause 17.2 and the limitations set out in sub-clause 17.3, ▇▇▇▇ will be liable to the Financial Institution for any loss or damage (excluding loss or damage of the kind excluded under paragraph 17.7(a)) that the Financial Institution may suffer or sustain arising from a breach by ▇▇▇▇ of its obligations under paragraph 6.1(a) of this Participation Agreement. The amount of any such loss or damage that is recoverable by the Financial Institution from PEXA will be calculated in accordance with the general law (subject to the exclusion referenced in paragraph 17.7(a)).‌17.7(a)).