Common use of Liability of the Parties and warranties Clause in Contracts

Liability of the Parties and warranties. 8.1 The recipient party acknowledges that ECTEG shall not be liable for any direct, indirect, consequential, special, or other damages suffered by the Recipient Party or any others resulting from the transfer and/or use of ECTEG materials. 8.2 ECTEG shall not be liable for damage sustained by the Recipient Party in the performance of the Agreement. To the best knowledge and belief of ECTEG, provided Training Materials are original, legal, decent and truthful, comply with laws and regulations, do not infringe the Intellectual Property rights of any third party, and are not defamatory, unreliable or misleading. However, ECTEG offers no guarantee for the accuracy, completeness or timeliness of the information contained therein. 8.3 No Party shall be held liable for failure to perform its obligations under this Agreement if it can prove that the partial or full non-performance was due to an impediment beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the Agreement, or at any time subsequently, or to have avoided or overcome it or its consequences. Each Party will notify any such force majeure as soon as possible. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period as is necessary due to the force majeure event. 8.4 The Recipient is solely responsible for the implementation, enforcement and control of conditions in this Agreement. In cases where the Recipient uses another training body, trainers, course managers, translators, interpreters, course managers or any other person involved in Training Material delivery, update, or modification, the Recipient will inform them of the conditions and take any measure to control their application. 8.5 The Non-Disclosure Agreement will place both organisational and personal restrictions on the use of the ECTEG Training Materials. The NDA may require local law enforcement to carry out checks on the members of academia who have access to the ECTEG Training Materials.