Common use of Liability and compensation Clause in Contracts

Liability and compensation. 14.1 Taggrs shall be liable to the Client for damages incurred by the Client which are the direct and exclusive result of a breach of the Agreement attributable to Taggrs and which must manifest itself within a maximum period of 24 months after the termination of the Agreement or delivery, subject to the provisions of this Article. 14.2 Taggrs’ liability shall be limited to a maximum of 3 times the invoice value excluding VAT per period as set out in the Agreement, subject to a maximum of €25,000. If the Agreement is a continuing performance agreement, liability shall be limited to an amount equal to three times the total amount of the invoice value excluding VAT for the order in the 6 months preceding the occurrence of the loss or damage, subject to a maximum of €25,000. This limitation of liability shall apply mutatis mutandis to any indemnification obligations of Taggrs. 14.3 If the provisions of Articles 14.1 and 14.2 are not upheld for any reason, Taggrs' liability shall in all cases be limited to the amount paid by Taggrs' insurer in the relevant case. 14.4 If and to the extent that the Services and Applications depend on the services of third parties, Taggrs shall not be liable for any damages resulting directly or indirectly from the failure of such third parties. 14.5 A series of related damaging events shall be considered one event/claim for the purposes of this article. 14.6 The limitations and/or exclusions of liability contained in this Article shall also apply in favor of Taggrs' personnel and auxiliaries engaged by Taggrs in the performance of an Agreement.

Appears in 3 contracts

Sources: Service Agreement, Service Agreement, Service Agreement

Liability and compensation. 14.1 Taggrs TAGGRS shall be liable to the Client for damages incurred damage suffered by the Client which are is the direct and exclusive result of a breach failure in the performance of the Agreement attributable to Taggrs TAGGRS and which must manifest itself within a maximum period of 24 months after the termination of the Agreement or delivery, subject to the provisions of this Articlearticle. 14.2 Taggrs’ TAGGRS’s liability shall be limited to a maximum of 3 times the invoice value excluding VAT per period as set out stated in the Agreement, subject to a maximum of 25,000. If the Agreement is a continuing performance agreement, the liability shall be limited to an amount equal to three 3 times the total amount amount, exclusive of VAT, stipulated in the invoice value excluding VAT for context of the order in the last 6 months preceding prior to the occurrence of the loss or damagedamage by the Client, subject to with a maximum of 25,000. This limitation of liability shall apply applies mutatis mutandis to any indemnification obligations of TaggrsTAGGRS. 14.3 If the provisions of Articles 14.1 and 14.2 are not upheld for any whatever reason, Taggrs' TAGGRS’ liability shall in all cases be limited to the amount paid out by Taggrs' TAGGRS’ insurer in the relevant a given case. 14.4 If and to insofar as (the extent that operation of) the Services and Applications depend depends on the (operation of) services of third parties, Taggrs TAGGRS shall not furthermore never be liable for any damages resulting directly damage arising as a direct or indirectly from indirect result of the failure non-functioning (or no longer functioning) of such the services of these third parties. 14.5 A series of related damaging events shall be considered one event/claim for the purposes of this article. 14.6 The limitations and/or exclusions of liability contained in this Article shall also apply in favor of Taggrs' TAGGRS’ personnel and auxiliaries engaged auxiliary persons involved by Taggrs TAGGRS in the performance execution of an Agreement.

Appears in 1 contract

Sources: Terms and Conditions