Liability of Customer Clause Samples
The 'Liability of Customer' clause defines the responsibilities and potential legal obligations of the customer under the agreement. It typically outlines circumstances where the customer may be held accountable for damages, losses, or breaches, such as misuse of services, violation of terms, or failure to pay fees. By clearly specifying the customer's liabilities, this clause allocates risk between the parties and ensures that the customer understands the consequences of non-compliance or wrongful actions.
Liability of Customer. Customer shall indemnify, defend, and hold harmless AT&T Long Distance (including the cost of reasonable attorneys’ fees) against:
(A) Claims for libel, slander, infringement of copyright, or unauthorized use of any trademark, trade name, or service mark rising out of the material, data, information, or other content transmitted by Customer, its agents, or End Users over AT&T Long Distance’s facilities or equipment.
(B) Claims for patent infringement arising from combining or connecting AT&T Long Distance’s facilities or equipment with facilities, equipment, apparatus, or systems of Customer.
(C) All other claims (including claims for damage to any business or property, or injury to, or death of, any person) arising out of any negligent or wrongful act or omission of Customer, its agents, End Users, or customers in connection with any Service or facilities or equipment provided by AT&T Long Distance.
(D) Any and all claims, demands, suits, actions, losses, damages, assessments, or payments asserted against AT&T Long Distance and/or any affiliated or unaffiliated Third Party Vendor or operator of facilities employed in provision of the Service by someone other than Customer (e.g., authorized or unauthorized) who has use of the Service directly or indirectly through Customer.
(E) Any suits, claims, losses, or damages including punitive damages, attorneys’ fees, and court costs arising out of the construction, installation, operation, maintenance, or removal of Customer’s Circuits, facilities, or equipment connected to the Services; provided that, if it was AT&T Long Distance that performed such work, only to the extent that it did so in a manner consistent with its obligations under this Guidebook, any relevant agreement or any direction provided by Customer. This includes, without limitation, Worker’s Compensation claims, and proceedings to recover taxes, fines, or penalties for failure of Customer to obtain or maintain in effect any necessary certificates, permits, licenses, or other authority to acquire or operate the Services.
(F) Any violation by Customer, its agents, or End Users of any literary, intellectual property, artistic, dramatic, or musical right, or right of privacy.
(G) Customer shall reimburse AT&T Long Distance for damages to facilities or AT&T Long Distance-provided equipment caused by the negligence or willful acts of Customer’s officers, employees, agents, contractors, and/or users.
Liability of Customer. You shall be responsible and shall reimburse us for any damages, losses or expenses (including without limitation, reasonable attorney’s fees and costs) incurred by us in connection with any claims, suits, judgments and causes of action arising out of (i) your use of the Service; (ii) infringement of patents or other proprietary rights arising from combining or using in connection with the Service any unauthorized apparatus or system; and (iii) you breach any provision of this Agreement.
Liability of Customer. 5.1 The Customer will hire and use the Equipment at its own risk and releases Steel Mains, its employees, agents, and contractors to the fullest extent permitted by the law from all claims and demands of every kind resulting from any accident, damage, injury or death arising as a result of the hire or use of the Equipment.
5.2 The Customer will indemnify and keep indemnified Steel Mains from and against all actions, claims, demands, losses, damages, loss of Hire Fees, costs and expenses for which Steel Mains may become liable or which Steel Mains may suffer as a result of the Customer’s hire or use of the Equipment.
5.3 Without in any way limiting or affecting the rights of Steel Mains pursuant to this agreement, or under statute, at common-law or in equity, if the Equipment is damaged during the Hire Period then Steel Mains may, at its sole discretion, repair the Equipment or deem it to be written-off, in either case the Customer must pay to Steel Mains, as the case may be, the cost of repairs to or of replacing the Equipment within 7 days of Steel Mains submitting an invoice to the Customer for such repair or replacement costs.
5.4 Without in any way limiting or affecting any other rights that Steel Mains may have either pursuant to this agreement or under common law, statute or equity, if the Customer does not return the Equipment to Steel Mains by the Hire Completion Date other than by reason of default by Steel Mains then:
5.4.1 The Customer will pay to Steel Mains the pro-rata daily rate for each period of 24 hours or any part thereof from the Hire Completion Date (return time) until the Equipment is returned to Steel Mains; and
5.4.2 If the Equipment is not returned to Steel Mains within 14 days of the Hire Completion Date (or such later date as may be agreed in writing) then, in addition to the amount payable under Clause 5.4.1, the Customer will pay to Steel Mains the replacement cost of the Equipment and in this respect the determination of Steel Mains as to the replacement cost of the Equipment will be conclusive evidence of that cost.
5.5 The Customer acknowledges that the amounts payable under Clause 5 are a genuine pre-estimate of the loss that would be suffered by Steel Mains if the Equipment is not returned in the same condition as it was at the Hire Commencement, fair wear and tear excepted, by the Hire Completion Date.
Liability of Customer. In addition to the liability provision under section 8.3 of this Agreement, unless otherwise required by applicable law, Customer shall be liable for any loss or damage resulting from Customer’s breach of this Agreement or to which Customer’s negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by Customer’s current and/or former Authorized Personnel. Such liability includes instances when a current or former Authorized Personnel affects one or more wire transfers to Customer’s detriment. Such liability also includes instances when Authorized Personnel initiates a Wire Request outside the scope of section 5.5 or our standard process set forth herein, in which case the Customer waives the applicable portion of the Security Procedure and Wire Security Procedure noted herein and acknowledges that any additional verifications that the Bank requires and any internal policies, procedures and technologies that Bank employs, even though they are not specifically set forth in this Agreement, shall be deemed commercially reasonable.
Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or other or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to HIVELOCITY’s facilities, shall not result in the imposition of any liability upon HIVELOCITY and Customer shall pay to HIVELOCITY any reasonable costs, expenses, damages, fees or penalties incurred by HIVELOCITY as a result thereof, including costs of local exchange company, labor and materials.
Liability of Customer. In addition to Customer's liability provided for elsewhere in this Agreement, Customer shall be liable for any loss or damage resulting from Customer's breach of this Agreement or to which Customer's negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by Customer's current and/or former Authorized Representatives. Such liability includes instances when a current or former Authorized Representative affects one or more Remote Deposits to Customer's detriment.
Liability of Customer. (1) The limitations or exculpations of liability set forth in Section 23.01 and Section 23.02 shall not apply, in the case of liability of Customer Party, to:
(a) any damages suffered by Supplier resulting from Customer's misappropriation of Supplier Confidential Information;
(b) the indemnification obligations of Customer Party pursuant to Section 22.01 (except as limited below); and
(c) the obligations of Customer to pay Fees due in accordance with this Agreement.
(2) The limitations or exculpations of liability set forth in Section 23.01 shall not apply, in the case of liability of Customer Party, to:
(a) The [****] of Customer Party; and
(b) breach by Customer Party of its confidentiality and data security obligations under this Agreement that result in a third party's misappropriation of Supplier Confidential Information; provided, however, that for such breaches, including Customer's indemnity obligations under Section 22.01(3), Customer's liability shall be limited in the aggregate to [****].
Liability of Customer. 1. If we suffer any damage due to a customer's intentional or negligent behavior, or behavior that runs afoul of a law or regulation or public order and decency, we shall be allowed to make a claim for compensation against the customer for any and all damages that we may have suffered.
2. When entering into a travel agreement, a customer shall be obliged to try to understand the customer's rights and obligations, and any other content of the travel agreement, by using the information supplied from us.
3. For the purpose of smoothly receiving the accommodation service according to the information posted on the Site or under a written document as stated in Article 4 (hereinafter referred to collectively as the "written agreement" in this clause), if by any chance a customer recognizes, after starting the travel, that an accommodation service that is at odds with what is stated in the written agreement has been provided, the customer shall, while at the lodging establishment, be obliged to promptly notify us, our arrangement agent, or the lodging establishment in question, thereof.
Liability of Customer. ▇▇▇▇▇’▇ Lunch Service, Inc. shall not be liable for; any damage to either person or property sustained by the Customer or by any third party arising in any way out of the Customer’s use, operation, occupancy of the kitchen’s premises or sale or distribution of any product manufactured on the kitchen’s premises. The Customer covenants and agrees to indemnify, defend and hold harmless ▇▇▇▇▇’▇ Lunch Service, Inc. and it’s employees from any and all claims, costs and liabilities arising from or in connection with: damages or injuries to persons(including death) or property in, upon or about ▇▇▇▇▇’▇ Lunch Service, Inc.’s premises, any portion thereof or resulting from the sale distribution, consumption and use of any service provided or product manufactured by the Customer on ▇▇▇▇▇’▇ Lunch Service, Inc.’s premises.
Liability of Customer. The Customer is liable under this Agreement in its personal capacity and as trustee of the Trust.