Liability, general Sample Clauses

The 'Liability, general' clause defines the extent to which each party is responsible for losses, damages, or claims arising from the agreement. It typically outlines the types of liabilities covered, such as direct or indirect damages, and may set limits or exclusions on the amount or types of damages recoverable. This clause serves to allocate risk between the parties and provides clarity on financial exposure, helping to prevent disputes over responsibility in the event of a breach or unforeseen incident.
Liability, general. The amount of compensation shall be determined and calculated by SPF* on the basis of the Terms of Business.
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Liability, general. Notwithstanding the foregoing provisions of this Section 9, nothing in this Agreement shall limit or exclude the liability of either Party for death or personal injury resulting from negligence or fraud or fraudulent misrepresentation or other matters, the exclusion of liability for which is not allowable under Applicable Laws.
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Liability, general. Neither IUK nor the IAA Shipper shall be liable to the other for: (a) any Consequential Losses; or (b) any special or incidental loss or damage; sustained as a result of any action or failure on the part of IUK or on the part of the IAA Shipper (including, for this purpose, their respective contractors, subcontractors, employees or representatives) except that such exclusion shall not apply to liability under each of the indemnities in Clauses 2.8(b) and 3.3, 7.1(a)(vi), 7.4(f) and 7.5(b). The Party in whose favour the indemnities contained in Clauses 2.7(b), 3.3, 7.1, 7.4 and 7.5 above is given shall: (a) notify the indemnifying Party as soon as reasonably practicable of any claim or fact or circumstance which may give rise to a claim; (b) not make any admission of liability or any admission of any material fact or matter relating to a claim without the written agreement of the indemnifying Party; (c) permit the indemnifying Party to conduct the defence and settlement of any claim (subject to the indemnifying Party undertaking to provide the other Party with such information in relation thereto as that other Party may from time to time reasonably request). Nothing in this Agreement restricts or limits a Party’s obligation under law to mitigate a loss it may suffer or incur or has suffered or incurred that may give rise to a claim under an indemnity given in this Agreement. Nothing in this Agreement excludes or limits the liability of either Party for death or personal injury resulting from the negligence of such Party. Nothing in this Agreement prevents either Party from or restricts it in enforcing any obligation (including suing for a debt) owed to it under or pursuant to this Agreement. Subject to Clause 8.9 nothing in this Agreement shall be a waiver by either Party of any right or remedy it has (other than under this Agreement) in respect of a breach by the other Party of any applicable law. Subject to Clause 8.6, where this Agreement provides that any amount to be payable by a Party upon or in respect of that Party's breach of any provision of this Agreement or termination of this Agreement the remedy conferred by such provision is exclusive of and is in substitution for any remedy in damages in respect of such breach or the event or circumstances giving rise to such breach. Where this Agreement provides that any amount to be payable by a Party upon or in respect of that Party's breach of any provision of this Agreement or termination of this Agreem...
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Liability, general. Provided that the procedures set out in clause 3 or 4 above are adhered to, we are entitled to act on your Instructions or on the Instructions of an Authorised User, and you agree to indemnify us for all losses arising from doing so (unless these arise due to our negligence or wilful default or fraud). You also agree to indemnify us from any losses we may incur resulting from any error made by you or an Authorised User in providing Instructions to World First whether verbally or in writing (again, unless these arise due to our negligence or wilful default or fraud). Nothing in this Agreement excludes our liability for fraudulent misrepresentation by World First, or our liability for death or personal injury caused by our negligence or the negligence of our employees or agents or any other liability on our part that cannot be excluded by law. Under the Payment Services Regulations 2009, you may be entitled to redress for any unauthorised or incorrectly executed payments. You must notify us by telephone or in writing as soon as possible after you become aware of any unauthorised or incorrectly executed payments, otherwise we may not be liable to you. You are liable for all losses incurred in respect of all unauthorised payments where you have acted fraudulently. Where you have informed us that an executed payment was not authorised by you or an Authorised User in accordance with this Agreement and/or Our Contract Terms, World First will: a) refund the amount of the unauthorised payment to you; and b) where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment not taken place. Beyond this, we will have no further liability to you. If we fail to execute, or incorrectly execute, a payment (unless we can prove to you and, where relevant, to the beneficiary's' Payment Service Provider, that the beneficiary's Payment Service Provider received the amount of the payment transaction), World First will refund to you the amount of the non-executed or defective payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. Furthermore, World First will also refund to you: (a) any direct charges for which you are responsible; and (b) any interest which you must pay, as a consequence of the non-execution or defective execution of the payment transaction. Beyond this, we have no further liability to you. W...
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Liability, general. 55.1 The Parties expressly acknowledge and declare that the Contractor is engaged under the Agreement for its ability and expertise in the subject matter of the Services, upon which the Authority will rely. Accordingly the Parties agree that all liabilities limitations and indemnities contained in the Agreement are, in all the circumstances, fair and reasonable. 55.2 Nothing in the Agreement shall operate to limit or exclude any liability for fraud.
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Liability, general. University shall not be liable for loss and theft of, or damage inflicted by third parties to items of the Participant during their presence in the buildings or on the grounds of University.
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Liability, general. Without prejudice to what has already been provided for in the other provisions of these General Terms and Conditions of Use, we and the authorities of other European Countries, which deliver data to us, shall under no circumstances be liable, even in the event of serious misconduct or gross negligence, for any damage resulting from the use of the functionality and information provided on the Service, except in the event of a deliberate fault on its part, since we only bundle information and factual situations supplied and created by third parties such as authorities from other European countries. The Service is only a means to make the information and factual situations supplied and created by third parties available without any responsibility for us or the authorities of other European Countries, which deliver data to us, for the accuracy, completeness or usability of this information. If several parties are involved in the claim, we as well as the authorities of other European Countries, which deliver data to us, shall only be liable to the extent that its share in the liability is proven. Neither we nor the authorities of other European Countries, which deliver data to us, are responsible for intent or gross negligence on the part of its employees or third parties, including other users of the Service who have provided information. The user of the Service remains responsible at all times for the use of the waterways, the infrastructure present there, as well as for his vessel and the way it is being used, its cargo and persons on board. The liability of us and/or the authorities of other European Countries, which deliver data to us, shall in any case be limited to direct damage as a result of proven and attributable errors in the way in which the Service compiles information and makes it visible, and in any case to the exclusion of damage in the form of lost profit, financial or commercial losses, lost production, increased general expenses, increased administrative costs, lost cargo, lost time, lost or damaged data, lost contracts, immaterial damage and lost clientele. Regardless of the nature of the damage and its legal basis, the liability of us as well as the authorities of other European Countries, which deliver data to us, shall in any case be limited to the amount that you have paid during the last 12 months for the use of the Service, subject to a minimum of EUR 100 per claim. Force Majeure
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Liability, general. (a) You must pay us all Charges and other amounts due under your Contract. (b) You must pay us the fair value of any Equipment that you fail to return to us when required. (c) You must pay us fair compensation for any damage to Equipment you return to us. Fair wear and tear does not count as damage. (d) You must indemnify us for any Loss we suffer as a result of or in connection with: (i) your breach of your Contract; (ii) your use of a Service or Equipment; or (iii) a Claim against us by an End User in relation to a Service we supply to you – except to the extent that we caused or contributed to the Loss by our negligence, breach of any Law or breach of your Contract.
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Liability, general. 7.1 Subject to clauses 7.4 7.5 and 7.11, neither you nor us will be liable to the other, for any loss, injury or damage resulting from: (a) any failure to supply electricity or any defect in the quality of the electricity supplied; or (b) breach of this agreement, unless, such failure, defect or breach arose from the negligence, or intentional action or inaction, of that party or, in relation to you, any third party provider of your metering installations. 7.2 None of Meridian, the network operator or a code party will in any circumstances be liable to you for: (a) momentary fluctuations in the voltage or frequency of electricity conveyed; or (b) any failure to convey electricity caused by your, or any other person's, failure to observe or comply with any network connection standards; or (c) any failure to convey electricity caused by no, or reduced, injection or electricity supply into the network or an interruption in the conveyance of electricity in the network; or (d) any failure to convey electricity caused by any defect or abnormal conditions at any of your sites; or (e) any delays, faults, or any other problem whatsoever in relation to the electricity supply to you resulting from any incorrect or inadequate information provided to us by you; or (f) any failure to convey electricity where the network operator considers it reasonably necessary to interrupt the electricity supply to any point of supply for any of the reasons set out in clause 1.9, including constrained supply situations; (g) any failure to convey electricity or effect its conveyance arising from your acts and omissions or the acts or omissions of a third party; or (h) any loss resulting from the liability of you to any other person. 7.3 None of Meridian, the network operator, or any code party, nor their respective officers, employees or agents will be liable to you, and neither you nor any of your officers, employees or agents, will be liable to us for: (a) any loss of profit or business or any similar claims; or (b) any indirect or consequential loss; or (c) any loss resulting from loss or corruption of, or damage to, any computer or electronically stored data, software or hardware. 7.4 You will indemnify us, any code party and the network operator, against: (a) any costs, liability, loss or damage suffered by us, any code party or the network operator as a result of: (i) your disconnection from the network as a result of your breach of this agreement (provided that we, the code part...
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Related to Liability, general

  • Company's Liability The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.

  • Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury

  • Company Liability 23.1 Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations. 23.2 The Company will not be liable to the Client for any loss which arises as a result of: a. The Company’s compliance with, or the exercising of any of the Company’s rights in accordance with, Applicable Regulations or this Agreement; b. The Client’s negligence, fraud or breach of this Agreement or Applicable Regulations; c. Any abnormal market condition or force majeure event; d. any delays, delivery failures, or failures in transmission of any order or any other communication or any other loss or damage resulting from the transfer of data over mobile or other communications networks and facilities outside of of the Company’s control. e. Any features, market data or third party content available on the Company’s Website, Platform or e-mails, are provided on an "as is" and "if available" basis. 23.3 Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. 23.4 For the avoidance of doubt, the Company’s third party providers are not responsible for and have not participated in the determination of the Company’s prices and they exclude all warranties, undertakings or representations (either express or implied) relating to the Client’s use of the Company’s Platform or the Company’s Website. Without limiting the foregoing, in no event whatsoever shall the Company’s third party providers be liable for any loss, regardless of whether they are aware of such loss and whether such liability is based on breach of contract, tort or otherwise. 23.5 Save in the event of the Company’s negligence, willful default or fraud, the Company will not be liable for any loss or damage caused by a hacker’s attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Company’s Platform or Website or to the Client’s downloading of any material posted on it, or on any website (including our Website) linked to it.

  • Business Auto Liability Coverage shall be provided for all owned hired, and non-owned vehicles. Required Limit: $1,000,000 combined single limit each accident.