Liability and limitations of liability Sample Clauses
The "Liability and limitations of liability" clause defines the extent to which each party is responsible for damages or losses arising from the agreement. Typically, this clause sets maximum caps on the amount one party may owe the other, excludes certain types of damages like indirect or consequential losses, and may specify exceptions for things like willful misconduct or gross negligence. Its core function is to allocate and limit financial risk between the parties, providing predictability and protecting both sides from potentially excessive or unforeseen liabilities.
Liability and limitations of liability. 18.1 The Supplier shall be liable for any damage directly or indirectly resulting from non-performance, late performance or improper performance of the Agreement or from the breach of any contractual or non-contractual obligation towards Wavin or third parties. For the purpose of this clause, third parties shall also include Wavin staff, third parties engaged directly or indirectly by Wavin or their staff.
18.2 Inspection, purchase and/or payment by or on behalf of Wavin shall not release the Supplier from any obligation or liability.
Liability and limitations of liability. Each Party shall be liable to the other Party for Damages caused by the first Party’s breach of the Agreement, subject to the following limitations:
Liability and limitations of liability. 13.1 We strive to constantly improve the API and welcome you to inform us of any errors or defects in your user experience by sending us a message to ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇. As further specified in this section ”Liability and Limitations of Liability” we however have limited possibilities to correct errors or defects.
13.2 You are aware and accept that Fortnox does not commit to, or provide any warranties regarding the quality, security, reliability, availability or performance of the API or the API-content. Accordingly, notwithstanding what is set out in our Technical Documentation (▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇), Change Policy (▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇/change-policy/) or other descriptions of the API’s function where the API is provided, you cannot expect that the API is error free, free from security issues, updated, or a suitable data source for the products or services you intend to use the API for.
13.3 You are aware and accept that you use the API and/or the API-content at your own risk and that Fortnox is not liable for any direct or indirect damage which you may suffer due to your use of, respectively your inability to use, the API and/or the API-content. In this Agreement, indirect damage shall be interpreted to mean for example loss of profit, loss of use of your Integrated Application, reimbursement for the use of a replacing service, loss of data, costs for trouble shooting, loss of goodwill and damage due to viruses and other security related issues.
13.4 Fortnox is not responsible to anyone other than you, such as e.g. your suppliers, partners or your Customers.
13.5 By generating data and information to the API, you accept that you are responsible for your right to publish and distribute such information, including but not limited to a responsibility to ensure that you (i) do not violate any third party’s intellectual property rights, (ii) are entitled to distribute any personal data, (iii) do not distribute information in breach of, or which allude to the breach of, applicable laws and regulations.
13.6 You undertake to indemnify Fortnox, our partners and employees for any claims from Customers and/or third parties arising out of your own and/or any others that you are responsible for using the API or API-content in breach of this Agreement.
13.7 You undertake to indemnify Fortnox, our partners and employees for any claims from Customers and/or third parties arising out of your own and/or any others that you are responsible for submitting...
Liability and limitations of liability. 9.1 The limitation of liability in the Cooperation Agreement (Section 7) shall also apply to liability arising from a breach of the Data Processing Agreement. However, the limitation of liability shall not apply to any claims of third parties (data subjects) against the Data Controller, as data controller, for losses resulting from the failure of the Data Pro- cessor to comply with the Data Processing Agreement concluded.
9.2 The Parties disclaim any liability for indirect losses, including operational losses, increased operational costs, lost savings or lost profits. It is specified that any claim by a third party (the data subjects) against the Data Controller as data controller, for losses resulting from the failure of the Data Processor to comply with the concluded data processing agreement, shall be counted as a direct loss.
9.3 The liability of the Parties for all cumulative claims under this Data Processing Agreement shall be limited to the limitation of liability set forth in the Agreement.
Liability and limitations of liability. Applicable law, dispute settlement; export controls and boycotts); 24 (Transfer of ownership and risk); 32.1 (Transfer of rights and obligations and outsourcing).
Liability and limitations of liability. 16.1. ▇▇▇▇▇▇▇▇▇▇ is not responsible for damages or losses resulting from the Customer's incorrect use of the Service, including unauthorized access, incorrect configuration, or non-compliance with Åkerströms' instructions. The Customer is solely responsible for ensuring that all use of Customer Data complies with applicable laws and regulations.
16.2. Except as provided in the Terms, Åkerströms does not guarantee any third-party services that may be provided or used in connection with the Service, and Åkerströms is not responsible for damages, liabilities, or losses resulting from or related to such third-party services.
16.3. ▇▇▇▇▇▇▇▇▇▇ is not responsible for providing support for problems arising from: (a) the Customer's misuse or incorrect use of the Service, (b) software or services from third parties, (c) modifications or changes to the Service by anyone other than Åkerströms, or (d) hardware or network infrastructure not provided by Åkerströms.
16.4. Åkerströms' liability for damages is limited per calendar year to an aggregate amount that the Customer has paid for the Service in the last 12 months, but not more than 100,000 SEK. ▇▇▇▇▇▇▇▇▇▇ is not liable for the Customer's lost profits or other indirect damages. Nor does the liability cover the Customer's compensation obligations to third parties except in cases referred to in section 15. The limitation of liability under this section does not apply in cases of Åkerströms' intent or gross negligence.
16.5. ▇▇▇▇▇▇▇▇▇▇ is not responsible for lack of access due to interruptions or communication problems on the internet or other private and public networks used to access the Service.
Liability and limitations of liability. 9.1. The Licensor shall in no circumstances - including negligence - be liable to the Licensee for indirect, incidental or consequential damages (including loss of anticipated profit, lost data and their re-establishment, loss of goodwill or any other similar consequential damages) in connection with or arising out of performance of the Program, even if the Licensor has been advised of the possibility of such damages.
9.2. The Licensor's liability for damages hereunder shall in no event - irrespective of negligence on the part of the Licensor - exceed the amount received by the Licensor as licence fee under the Licence Agreement that gives rise to the liability.
9.3. Licensor is liable for product liability according to the legislation in force at all times, but Licensor does not undertake any liability to a further extent than the liability under the legislation. Any liability based on product liability not laid down by legislation developed according to Danish legal practice is consequently clearly signed away.
Liability and limitations of liability. The liability of the parties for all cumulative claims under the Regulations is limited to the total payments under the Main Contract for the 12-month period ending immediately preceding the harmful act. If the Regulations have not been in in force for 12 months, the amount shall be calculated as the agreed payment of benefits under the Main Contract during the period the Regulations have been in force divided by the number of months the Regulations have been in force and then multiplied by 12.
Liability and limitations of liability. Unless otherwise agreed in the Main Agreement(s), the party in breach of this Data Processor Agreement shall be liable for documented and relevant damages suffered by the other party. However, neither party shall be liable for indirect or consequential damages (loss or reconstruction of data shall be considered direct damages).
Liability and limitations of liability. 6.1 Notwithstanding anything else expressed or implied in this Agreement, neither the Supplier nor the Customer shall be liable in contract or tort for the other Party’s loss of use, profits, contract, production, or of revenue or for increased cost of working or business interruption or for any other indirect or consequential loss or damage, howsoever caused arising out of or in connection with this Agreement irrespective of whether such loss, increased cost of working or business interruption is caused by the sole or concurrent negligence of the Supplier or the Customer, as the case may be.
6.2 Each Party will indemnify the other Party against damage or injury to property or persons arising out of or in connection with this Agreement to the extent that such damage or injury is directly caused by the default or willful acts or omissions of the other party its servants, agents or contractors, provided that each Party’s total aggregate liability hereunder (except in relation to death or personal injury or illness caused by that Party’s negligence ) shall be limited to the Liability Amount.
6.3 Any limitation or exclusions of liability contained in this Agreement shall survive any termination of this Agreement howsoever arising.