Common use of Limitations of contractual liability Clause in Contracts

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. Unlimited liability of a Party shall not arise from a breach of its confidentiality obligations to comply with laws from inadvertent, accidental, unaouthorized, or mistaken disclosure by its employees, officers, directors, or agents of information obtained purusuant ot this Agreement provided that: a) suchs Receiving Party used the same degree of care (but no less than a reasonable degree of care) as it uses to protect its own proprietary or confidential information of like importance, and b) upon discovery of such disclosure, such receiving Party shall notify the disclosing Party and shall endeavor to prevent further disclosure of use. A Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law. Damage caused to third parties Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background.

Appears in 1 contract

Sources: Consortium Agreement

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. Unlimited liability of a Party shall not arise from a breach of its confidentiality obligations to comply with laws from inadvertent, accidental, unaouthorized, or mistaken disclosure by its employees, officers, directors, or agents of information obtained purusuant ot this Agreement provided that: a) suchs Receiving Party used the same degree of care (but no less than a reasonable degree of care) as it uses to protect its own proprietary or confidential information of like importance, and b) upon discovery of such disclosure, such receiving Party shall notify the disclosing Party and shall endeavor to prevent further disclosure of use. A Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. Considering the form of the grant awarded by the Granting Authority (lump sum), a Party declared as a Defaulting Party in accordance with the appropriate provisions of Section 4.2 and Section 4.3 of this Consortium Agreement shall be liable to any other Party involved in the affected work package(s) for damages, resulting from the Defaulting Party’s breach. Said liability collectively shall be limited to once the Defaulting Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law. Damage caused to third parties Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background.

Appears in 1 contract

Sources: Consortium Agreement

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. Unlimited liability Considering the form of the grant awarded by the Granting Authority (lump sum), a Party declared as a Defaulting Party in accordance with the appropriate provisions of Section 4.2 and Section 4.3 of this Consortium Agreement shall not arise be liable to any other Party involved in the affected work package(s) for the entire loss of their lump sum share in said work package(s) or for the reduction of their lump sum share in said work package(s), resulting from a breach the Defaulting Party’s breach. Said liability shall be limited to once the Defaulting Party’s share of its confidentiality obligations to comply with laws from inadvertent, accidental, unaouthorized, or mistaken disclosure by its employees, officers, directors, or agents the total costs of information obtained purusuant ot this Agreement provided that: a) suchs Receiving Party used the same degree Project as identified in Annex 2 of care (but no less than a reasonable degree of care) as it uses to protect its own proprietary or confidential information of like importance, and b) upon discovery of such disclosure, such receiving Party shall notify the disclosing Party and shall endeavor to prevent further disclosure of useGrant Agreement. A Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law. Damage caused to third parties Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background.

Appears in 1 contract

Sources: Consortium Agreement

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, except in case of breach of confidentiality. Unlimited liability of a Party shall not arise from a breach of its confidentiality obligations to comply with laws from inadvertent, accidental, unaouthorized, or mistaken disclosure by its employees, officers, directors, or agents of information obtained purusuant ot this Agreement provided that: a) suchs Receiving Party used the same degree of care (but no less than a reasonable degree of care) as it uses to protect its own proprietary or confidential information of like importance, and b) upon discovery of such disclosure, such receiving Party shall notify the disclosing Party and shall endeavor to prevent further disclosure of use. A Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. Considering the form of the grant awarded by the Granting Authority (lump sum), a Party declared as a Defaulting Party in accordance with the appropriate provisions of Section 4.2 and Section 4.3 of this Consortium Agreement shall be liable to any other Party involved in the affected work package(s) for the entire loss of their lump sum share in said work package(s) or for the reduction of their lump sum share in said work package(s), resulting from the Defaulting Party’s breach. Said liability shall be limited to once the Defaulting Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was caused by a wilful act or gross negligence or to the extent that such limitation is not permitted by law. Damage caused to third parties Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background.

Appears in 1 contract

Sources: Consortium Agreement