Common use of Liability of the Client Clause in Contracts

Liability of the Client. 17.1 Unless the Client effectively and expressly evidences otherwise, the Client shall be fully liable towards Salto, for any Direct or Indirect Damage, deriving from any loss, cost, expense or claim of any nature that it may have, directly or indirectly, caused to Salto as a consequence of the performance under this Agreement. 17.2 In particular, the Client acknowledges and accepts that: (i) Salto shall not be liable in any manner whatsoever, neither towards the Client nor towards any other person, and (ii) expressly releases and waives any right it may have to bring any action against Salto for Direct or Indirect Damages deriving from any loss, damage, cost, liability or claim of any nature whatsoever and howsoever caused, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, caused as a consequence of or in any way connected with: (a) any breach by the Client of this Agreement; (b) the use of the Services or the Site Details by the Client (including, without limitation, any authorised and unauthorised use of any Site Details, any authorised and unauthorised access to the Site and the loss or theft of the Site Details); (c) the falsehood or inaccuracy of any representations and warranties given by the Client in the Agreement, and (d) breach by the Client of any Laws and regulations applicable to the Client and/or any obligation relating thereto. Therefore, the Client accepts its full liability, without any limitation whatsoever, for Direct or Indirect Damages that may derive from any of the circumstances identified under this Article 17.2., and undertakes to indemnify and hold fully harmless Salto against any Damages (Direct or Indirect) that SALTO may be suffering or may have suffered due to events above listed under (a) to (d), both included. 17.3 The Client undertakes to indemnify and hold fully harmless Salto against and from any and all allegations, demands, claims, liabilities, losses, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees and indirect and consequential damages), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise from any third party (including, without limitation, any entity or company belonging to the Client’s Group, their shareholders, employees and directors) as a consequence of, or in any way connected with its performance under the Agreement and the use of the Services. 17.4 For the purposes of this Article 17, the references made to the “Client” and “Salto” shall be deemed to be made to the Client, Salto and their affiliates, directors, shareholders or employees from time to time.

Liability of the Client. 17.1 17.1. Unless the Client effectively and expressly evidences otherwise, the Client shall be fully liable towards Salto, for any Direct or Indirect Damage, deriving from any loss, cost, expense or claim of any nature that it may have, directly or indirectly, caused to Salto as a consequence of the performance under this Agreement. 17.2 17.2. In particular, the Client acknowledges and accepts that: (i) : Salto shall not be liable in any manner whatsoever, neither towards the Client nor towards any other person, and (ii) and expressly releases and waives any right it may have to bring any action against Salto for Direct or Indirect Damages deriving from any loss, damage, cost, liability or claim of any nature whatsoever and howsoever caused, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, caused as a consequence of or in any way connected with: (a) : any breach by the Client of this Agreement; (b) ; the use of the Services or the Site Details by the Client (including, without limitation, any authorised and unauthorised use of any Site Details, any authorised and unauthorised access to the Site and the loss or theft of the Site Details); (c) ; the falsehood or inaccuracy of any representations and warranties given by the Client in the Agreement, and (d) and breach by the Client of any Laws and regulations applicable to the Client and/or any obligation relating thereto. Therefore, the Client accepts its full liability, without any limitation whatsoever, for Direct or Indirect Damages that may derive from any of the circumstances identified under this Article 17.2., and undertakes to indemnify and hold fully harmless Salto against any Damages (Direct or Indirect) that SALTO may be suffering or may have suffered due to events above listed under (a) to (d), both included. 17.3 17.3. The Client undertakes to indemnify and hold fully harmless Salto against and from any and all allegations, demands, claims, liabilities, losses, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees and indirect and consequential damages), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise from any third party (including, without limitation, any entity or company belonging to the Client’s Group, their shareholders, employees and directors) as a consequence of, or in any way connected with its performance under the Agreement and the use of the Services. 17.4 17.4. For the purposes of this Article 17, the references made to the “Client” and “Salto” shall be deemed to be made to the Client, Salto and their affiliates, directors, shareholders or employees from time to time.