Common use of Liability of the Parties Clause in Contracts

Liability of the Parties. 17.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE pursuant to Article 10; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 16. 17.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 and 0 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 2 contracts

Sources: Direct Wholesale Roaming Access Agreement, Resale Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 16.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE Orange pursuant to Article 108; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1615. 17.2 16.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 16.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 and 0 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 16.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 2 contracts

Sources: Direct Wholesale Roaming Access Agreement, Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 16.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE Orange Slovensko pursuant to Article 108; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1615. 17.2 16.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 16.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 16.1 and 0 16.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 16.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 16.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE ORANGE CARAIBE pursuant to Article 108; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1615. 17.2 16.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 16.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 16.1 and 0 16.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 16.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 13.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE DNA pursuant to Article 107; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP EUR in respect re- spect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Per- manent Reference Documents pursuant to Article 1612. 17.2 13.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 13.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 13.1 and 0 13.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 13.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful willful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Wholesale Roaming Resale Access Agreement

Liability of the Parties. 17.1 ‌ 16.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE Orange pursuant to Article 108; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1615. 17.2 16.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 16.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 and 0 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 16.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 16.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE ▇▇▇▇ pursuant to Article 108; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1615. 17.2 16.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 16.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 16.1 and 0 16.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 16.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 14.1. Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE ▇▇▇▇ pursuant to Article 109; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1613. 17.2 14.2. Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 14.3. In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 14.1 and 0 14.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 14.4. Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct International Roaming Service Agreement

Liability of the Parties. 17.1 14.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. ) in respect of charges to be paid to EE Slovak Telekom pursuant to Article 109; 2. ) to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. ) in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1613. 17.2 14.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 14.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 14.1 and 0 14.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 14.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 14.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE O2SK pursuant to Article 109; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1613. 17.2 14.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 14.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 14.1 and 0 14.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 14.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 14.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. 14.1.1 in respect of charges to be paid to EE O2 SK pursuant to Article 109; 2. 14.1.2 to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. 14.1.3 in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1613. 17.2 14.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 14.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 14.1 and 0 14.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 14.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 16.1 Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE <A> pursuant to Article 109; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1615. 17.2 16.2 Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 16.3 In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 16 and 0 3 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 16.4 Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement

Liability of the Parties. 17.1 14.1. Neither Party shall be liable to the other Party under or in connection with the Agreement except: 1. in respect of charges to be paid to EE TANGO pursuant to Article 108; 2. to the extent of its negligence where such negligence results in proven damages or loss to the other Party, in which event the liability of the negligent Party shall be limited to and shall in no event exceed two hundred and fifty thousand (250,000) GBP SDR in respect of any one incident or series of incidents arising from the same cause; 3. in respect of charges arising from non-compliance with binding GSM Association Permanent Reference Documents pursuant to Article 1614. 17.2 14.2. Furthermore, in no event shall either Party be liable for any consequential damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business, even if such Party has been advised of the possibility of such loss or damage. 17.3 14.3. In no event shall any employee of either Party or of an Affiliated Company be liable to the other Party for any act of negligence or intent under or in connection with the Agreement. Save for the limitations in Articles 0 14.1 and 0 14.2 nothing in the foregoing shall in any way restrict the liability of either Party for the actions of its employees. 17.4 14.4. Limitation of liability as described in this Article shall not apply if damage or loss is caused by a Party's wilful misconduct (including fraud) or gross negligence.

Appears in 1 contract

Sources: Direct Wholesale Roaming Access Agreement