Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

LIABILITY AND LIMITATION OF LIABILITY. 9.1. Advisense liability for compensation shall be limited to direct damage incurred by the Client and shall not exceed the fee paid by the Client for the performance of an assignment during the previous 12 months. 9.2. Claims for compensation in connection with a Contract for Services must be made no later than one (1) year after the date on which the grounds for the claim arose. 9.3. Advisense guarantees that valid professional indemnity insurance shall be in place to cover the work that is undertaken. 9.4. A Party shall be exempt from sanctions arising from a failure to fulfil certain obligations in accordance with a Contract for Services, if the reason for such failure is based on circumstances ('Mitigating Circumstances') which are beyond the Party's control, and prevent or render the timely fulfilment of such obligations extremely difficult. If a Party's fulfilment of such obligations is delayed by more than three (3) months on account of a Mitigating Circumstance, the other Party shall be entitled to terminate the Contract for Services immediately in accordance with Section 10.2 below. 9.5. War, acts of war, import or export ban, natural disaster, restrictions of public transport or energy supply, actions or failures by public authorities, new or amended legislation, conflict on the labour market, blockades, fire, flooding, comprehensive loss or destruction of property or serious accident, as well as errors or delays in delivery from suppliers for reasons indicated here, shall constitute Mitigating Circumstances. 9.6. A Party claiming exemption in accordance with the provisions above must inform the other Party of this without undue delay.

Appears in 2 contracts

Sources: General Terms and Conditions, General Terms and Conditions

LIABILITY AND LIMITATION OF LIABILITY. 9.1. Advisense 9.1 Advisense's liability for compensation shall be limited to direct damage incurred by the Client and shall not exceed the fee paid by the Client for the performance of an assignment during the previous 12 months. 9.2. 9.2 Claims for compensation in connection with a Contract for Services must be made no later than one (1) year after the date on which the grounds for the claim arose. 9.3. 9.3 Advisense guarantees that valid professional indemnity insurance shall be in place to cover the work that is undertaken. 9.4. 9.4 A Party shall be exempt from sanctions arising from a failure to fulfil certain obligations in accordance with a Contract for Services, if the reason for such failure is based on circumstances ('Mitigating Circumstances') which are beyond the Party's control, and prevent or render the timely fulfilment of such obligations extremely difficult. If a Party's fulfilment of such obligations is delayed by more than three (3) months on account of a Mitigating Circumstance, the other Party shall be entitled to terminate the Contract for Services immediately in accordance with Section 10.2 below.'s 9.5. 9.5 War, acts of war, import or export ban, natural disaster, restrictions of public transport or energy supply, actions or failures by public authorities, new or amended legislation, conflict on the labour market, blockades, fire, flooding, comprehensive loss or destruction of property or serious accident, as well as errors or delays in delivery from suppliers for reasons indicated here, shall constitute Mitigating Circumstances. 9.6. 9.6 A Party claiming exemption in accordance with the provisions above must inform the other Party of this without undue delay.

Appears in 1 contract

Sources: General Terms and Conditions