Common use of Liability and third party rights Clause in Contracts

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party The Data Importer shall be liable to the other parties Data Exporter for damages it causes by any breach of these clauses. Liability as between the parties is including but not limited to actual damage sufferedsuffered and penalties imposed by government or local authority. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party The Data Importer shall be liable to data subjects Data Subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter Data Exporter under its data protection law. (b) The parties agree that a data subject Data Subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s Data Exporter's country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importer; Data Importer, if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts). (c) The Data Importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.

Liability and third party rights. (a) Each party The Data Importer shall be liable to the other parties Data Exporter for damages it causes by any breach of these clauses. Liability as between the parties is including but not limited to actual damage sufferedsuffered and penalties imposed by government or local authority. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party The Data Importer shall be liable to data subjects Data Subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter Data Exporter under its data protection law. (b) The parties agree that a data subject Data Subject shall have the right to enforce as a third third-party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s Data Exporter's country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importer; Data Importer, if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties party for damages it causes by any breach of these clauses. Liability clauses and that liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(bclause 1(b), I(dclause 1(d), I(eclause 1(e), II(aclause 2(a), II(cclause 2(c), II(dclause 2(d), II(eclause 2(e), II(hclause 2(h), II(iclause 2(i), III(aclause 3(a), Vclause 5, VI(d) and VII clause 6(d)and clause 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(bClause 1(b), I(dClause 1(d), I(eClause 1(e), II(aClause 2(a), II(cClause 2(c), II(dClause 2(d), II(eClause 2(e), II(hClause 2(h), II(iClause 2(i), III(aClause 3(a), VClause 5, VI(d) and VII Clause 6(d)and Clause 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages Damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a the data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties party for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. ie damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. ‌ (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.law.‌ (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(bclause 1(b), I(dclause 1(d), I(eclause 1(e), II(aclause 2(a), II(cclause 2(c), II(dclause 2(d), II(eclause 2(e), II(hclause 2(h), II(iclause 2(i), III(aclause 3(a), Vclause 5, VI(d) and VII clause 6(d)and clause 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. i.e., damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) . The parties agree that a data subject shall have the right to enforce as a third third-party beneficiary this clause and clauses I(b)clauses: clause I (b) clause I(d) clause I.(e) , I(d), I(e), II(a), clause II.(a) clause II(c), clause II(d), ) clause II(e), II(hclause II.(h), clause II(i), clause III(a), Vclause IV, VI(dclause VI.(d) and clause VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive Puni- tive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary ben- eficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer im- ▇▇▇▇▇▇ directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(bclause 1(b), I(dclause 1(d), I(eclause 1(e), II(aclause 2(a), II(cclause 2(c), II(dclause 2(d), II(eclause 2(e), II(hclause 2(h), II(iclause 2(i), III(aclause 3(a), Vclause 5, VI(dclause 6(d) and VII clause 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use Standard Clauses 2004/915/EC Page 78 of 82 reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) 4.1 Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) 4.2 The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b)2.2, I(d)2.4, I(e)2.5, II(a)3.1, II(c)3.3, II(d)3.4, II(e)3.5, II(h)3.8, II(i)3.9, III(a)4.1, V6, VI(d) 7.4 and VII 8 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses Section I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) ‌‌ 4.1. Each party Party shall be liable to the other parties Party for damages it causes by any breach of these clausesClauses. Liability as between the parties Parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party Party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clausesClauses. This does not affect the liability of the data exporter Data Exporter under its data protection law. (b) 4.2. The parties Parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause Clause and clauses I(bClause 2(b), I(dClause 2(d), I(eClause 2(e), II(aClause 3(a), II(cClause 3(c), II(dClause 3(d), II(eClause 3(e), II(hClause 3(g), II(iClause 3(i), III(a)Clause 4.1, VClause 6, VI(d) Clause 7.4 and VII Clause 8 against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s Data Exporter's country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importerData Importer; if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer Data Importer directly. A data subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has Has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party The Data Importer shall be liable to the other parties Data Exporter for damages it causes by any breach of these clauses. Liability as between the parties is including but not limited to actual damage sufferedsuffered and penalties imposed by government or local authority. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party The Data Importer shall be liable to data subjects Data Subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter Data Exporter under its data protection law. (b) The parties agree that a data subject Data Subject shall have the right to enforce as a third party beneficiary this clause clauses and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporterData Exporter’s country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importer; Data Importer, if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts). (c) The Data Importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.

Liability and third party rights. (a) 3.1 Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) 3.2 The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b)1.2, I(d)1.4, I(e)1.5, II(a)2.1, II(c)2.3, II(d)2.4, II(e)2.5, II(h)2.8, II(i)2.9, III(a)3.1,5, V, VI(d) 6.4 and VII 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, obligations with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the that data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(bClause 2(b), I(dClause 2(d), I(eClause 2(e), II(aClause 3(a), II(cClause 3(c), II(dClause 3(d), II(eClause 3(e), II(hClause 3(h), II(iClause 3(i), III(aClause 4(a), VClause 6, VI(d) and VII Clause 7(d)and Clause 8 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) 3.1 Each party of the Parties shall be liable to the other parties Parties for direct damages it causes by any breach of these clausesStandard Clauses. Liability as between the parties Parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party Party for its outrageous conduct) are specifically excluded. Each party of the Parties shall be liable to data subjects the respective Data Subjects for direct damages it causes by any breach of third party rights under these clausesStandard Clauses. This does not affect the liability of the data exporter Data Exporter under its data protection lawData Protection Law. (b) The parties 3.2 Each of the Parties severally agree that a data subject Data Subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b)(1.2, I(d)1.4, I(e)1.5, II(a)2.1, II(c)2.2, II(d)2.3, II(e)2.4, II(h)2.5, II(i)3.1, III(a)5, V6.3, VI(d7) and VII against the data importer Data Importer or the data exporterData Exporter (as the case may be), for their respective breach of their contractual obligationsobligations in this Agreement, with regard to his personal dataPersonal Data, and accept jurisdiction for this purpose in the data exporterData Exporter’s country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importer; Data Importer, if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed ` directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses Standard Clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) 4.1 Each party shall be liable to the other parties party for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) 4.2 The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b)2.4, I(d)2.5, I(e)3.1, II(a)3.3, II(c)3.4, II(d)3.5, II(e)3.8, II(h)3.9, II(i)4.1, III(a)6, V, VI(d) 7.4 and VII 8 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b2(b), I(d2(d),2(e), I(e3(a), II(a3(c), II(c3(d), II(d3(e), II(e3(h), II(h3(i), II(i4(a), III(a)6, V, VI(d7(d) and VII 8 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter Subsidiary under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(cII(b), II(d), II(e), II(h), II(i), III(a), VIII(c), VI(dIII(d), III(e), III(h), III(i), IV(a), VI, VII(d) and VII VIII against the data importer Masimo or the data exporterSubsidiary, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporterSubsidiary’s country of establishment. In cases involving allegations of breach by the data importerMasimo, the data subject must first request the data exporter Subsidiary to take appropriate action to enforce his rights against the data importerMasimo; if the data exporter Subsidiary does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer Masimo directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer Masimo is able to satisfy its legal obligations under these clauses (the data exporter Subsidiary shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. [***] Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Confidential treatment has been requested with respect to this information. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) a. Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) b. The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).to

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects Data Subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter Data Exporter under its data protection law. (b) The parties agree that a data subject Data Subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal dataPersonal Data, and accept jurisdiction for this purpose in the data exporter’s Data Exporter's country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importerData Importer; if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses (and the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party Party shall be liable to the other parties Parties for damages it causes by any breach of these clausesClauses. Liability as between the parties Parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party Party for its outrageous conduct) are specifically excluded. Each party Party shall be liable to data subjects Data Subjects for damages it causes by any breach of third party rights under these clausesClauses. This does not affect the liability of the data exporter Data Exporter under its data protection lawData Protection Law. (b) The parties Parties agree that a data subject Data Subject shall have the right to enforce as a third party beneficiary this clause Clause and clauses I(bClause 2(b), I(dClause 2(d), I(eClause 2(e), II(aClause 3(a), II(cClause 3(c), II(dClause 3(d), II(eClause 3(e), II(hClause 3(h), II(iClause 3(i), III(aClause 4(a), VClause 6, VI(dClause 7(d) and VII Clause 8 against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal dataPersonal Data, and accept jurisdiction for this purpose in the data exporterData Exporter’s country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importerData Importer; if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses Clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party Party shall be liable to the other parties Party for damages it causes by any breach of these clauses. Liability as between the parties Parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party Party for its outrageous conduct) are specifically excluded. Each party Party shall be liable to data subjects for damages it causes by any breach of third party rights under these clausesthe Agreement. This does not affect the liability of the data exporter under its data protection law. (b) The parties Parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy with its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).took

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligationscontractualobligations, with regard to his personal datapersonaldata, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection lawthe UK GDPR or the DPA 2018. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses clause I(b), clause I(d), clause I(e), clause II(a), clause II(c), clause II(d), clause II(e), clause II(h), clause II(i), clause III(a), clause V, clause VI(d) and clause VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) a. Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage sufferedsuffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect affect the liability of the data exporter under its data protection law. (b) b. The parties agree that a data subject shall have the right to enforce as a third party beneficiary beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable effortsefforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection lawthe UK GDPR or DPA 2018. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b2(b), I(d2(d),2(e), I(e3(a), II(a3(c), II(c3(d), II(d3(e), II(e3(h), II(h3(i), II(i4(a), III(a)6, V, VI(d7(d) and VII 8 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) the UK GDPR or the DPA 2018. The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b1(b), I(d1(d), I(e1 (e), II(a2(a), II(c2(c), II(d2(d), II(e2(e), II(h2(h), II(i2(i), III(a3(a), V5, VI(d6(d) and VII 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts). These clauses shall be governed by English law of the UK country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause 2(h), which shall apply only if so selected by the data importer under that clause.

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. i.e., damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) . The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b(l)(b), I(d(l)(d), I(e(l)(e), II(a(ll)(a), II(c(ll)(c), II(d(ll)(d), II(e(ll)(e), II(h(ll)(h), II(i(ll)(i), III(a(lll)(a), (V), VI(d(Vl)(d) and VII (VII) against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts). These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause (ll)(h), which shall apply only if so selected by the data importer under that clause. In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes. Each party shall abide by a decision of a competent court of the data exporter's country of establishment or of the authority which is final and against which no further appeal is possible.

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) . The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e)I€, II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations allegation of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), ) the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage damages suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c)II, II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s 's country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party The Data Importer shall be liable to the other parties Data Exporter for damages it causes by any breach of these clauses. Liability as between the parties is including but not limited to actual damage sufferedsuffered and penalties imposed by government or local authority. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party The Data Importer shall be liable to data subjects Data Subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter Data Exporter under its data protection law. (b) The parties agree that a data subject Data Subject shall have the right to enforce as a third third-party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(hII (h), II(i), III(a), V, VI(d) and VII against the data importer Data Importer or the data exporterData Exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s Data Exporter's country of establishment. In cases involving allegations of breach by the data importerData Importer, the data subject Data Subject must first request the data exporter Data Exporter to take appropriate action to enforce his rights against the data importer; Data Importer, if the data exporter Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject Data Subject may then enforce his rights against the data importer Data Importer directly. A data subject Data Subject is entitled to proceed directly against a data exporter Data Exporter that has failed to use reasonable efforts to determine that the data importer Data Importer is able to satisfy its legal obligations under these clauses (the data exporter Data Exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clauses. This does not affect the liability of the data exporter under its data protection lawthe UK GDPR or the DPA 2018. (b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

Liability and third party rights. (a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third third-party rights under these clauses. This does not affect the liability of the data exporter under its data protection law. (b) The parties agree that a data subject shall have the right to enforce as a third third-party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).