Parties Liabilities Clause Samples

Parties Liabilities. Non-fulfilment and/or inappropriate performance of obligations undertaken by any party to this Director Agreement shall result in the contractual liability of the party in default, under the law.

Parties Liabilities. 8.1. The Contractor shall be held liable under the Agreement only if the Contractor acted premeditatedly in order to breach liabilities under this Agreement. 8.2. In case the Customer's Employee hands over the password to any other third party (including that holding a power of attorney provided by the Customer) and in case of any breach of confidentiality regarding the password to its Account, the Customer shall pay a RUB 50,000 penalty to the Contractor. 8.3. If Clause 3.16 of the Agreement is violated the Customer shall pay the Contractor a RUB 50,000 penalty for every case of violation. 8.4. Penalties stipulated in the Agreement shall be payable within five business days after a corresponding claim is filed by the Contractor.

Parties Liabilities. Each contractual parties have right to requset from other party to fulfill the undertaken obligations of the contract and active legislation in a good faith. The parties are liable for non-performance or improper performance of the contractual obligations in compliance of active legislation of Georgia. If the Client delays payment of service fee stipulated in Article 5.1. of the contract for two weeks he/she will be charged with penalty 0.25% of the payable sum for each overdue day. Article

Parties Liabilities. 17.1. The Fund Manager is liable for any Damages suffered by the Customer as a result of: (a) any actual or alleged act, error, omission, misleading statement or breach of fiduciary duty or other duty committed in the performance of, or failure to perform its administrative functions as sole director of the Customer in accordance with the Constitutive Act, the provisions of the Companies Law, the Law No. 297/2004, Law no. 24/2017 and the Romanian Civil Code; (b) infringement of the applicable legislation; (c) infringement of the Customer’s internal rules, including the investment restrictions under the IPS; (d) fraud; (e) wilful default in performing this Management Agreement; (f) negligence in the performance of this Management Agreement’s obligations; or (g) material breach of this Management Agreement. For avoidance of doubt, the Fund Manager’s liability under this clause 17.1 shall not exclude or limit its liability for death or personal injury caused by the Fund Manager’s negligence; or fraud or fraudulent misrepresentation. 17.2. The Fund Manager’s liability towards the Customer and its investors shall not be affected by any delegation. The Fund Manager shall also be liable for the negligence, wilful default, fraud or material breach of this Management Agreement by its Delegates, or its or their employees. The Fund Manager shall exercise all due care in its selection, use and monitoring of Delegates and, shall indemnify and hold harmless the Customer from and against any Damages suffered or incurred by the Customer and caused by any failure to exercise all due care. The Fund Manager shall make reasonable efforts to resume normal performance of the services following, and to mitigate the consequences of, an event beyond its and its Delegates’ reasonable control. 17.3. The Fund Manager shall not be liable for the actions of brokers (not being Associated Companies of the Fund Manager) save to the extent that the Fund Manager has acted negligently in selecting, contracting or monitoring or using such persons. Without prejudice to clause 6.11 above, in selecting a broker for a particular transaction, the Fund Manager shall attempt to obtain best execution for the Customer. Notwithstanding this responsibility, the Fund Manager will pursue counterparties on the Customer’s behalf and account to the Customer for all recoveries against such counterparties. (a) The Fund Manager agrees to indemnify and hold harmless each Indemnified Party from and against any an...

Parties Liabilities. A. The County's liability and obligations to District or any person having a claim pursuant to this Agreement shall be limited solely to the amount of the County Funds committed herein and the terms and conditions of this Agreement. B. District's liability and obligations to the County shall be to deliver a completed Project and refund any unused portion of the funds received from the County, to the County, or in the event of termination of this Agreement.

Parties Liabilities. 17.1. The Fund Manager is liable for any Damages suffered by the Customer as a result of: (a) infringement of the applicable legislation; (a) any actual or alleged act, error, omission, misleading statement or breach of fiduciary duty or other duty committed in the performance of, or failure to perform its administrative functions as Sole Director of the Customer in accordance with the Constitutive Act, the provisions of the Companies Law, the Law No. 297/2004, Law no. 24/2017 and the Romanian Civil Code; (b) infringement of the applicable legislation; (c) infringement of the Customer’s internal rules, including the investment restrictions under the IPS; (cd) fraud;

Parties Liabilities. Paynovate's duties and responsibilities under the Merchant Agreement shall be limited to those expressly set forth and undertaken herein. Paynovate hereby disclaims all warranties (express or implied) other than the warranties expressly set forth in the Merchant Agreement. Paynovate shall not be liable to any person and shall disclaim all liability for the acts or omissions of the merchant, a Customer or any other third party or the consequences of such acts or omissions. The merchant is responsible for and shall bear all consequences of any fraudulent event or abuse committed by any person to any of its IP. Without limiting the foregoing, in no event shall Paynovate be liable to any person for: ● an indirect, incidental or consequential Loss, including a Loss in connection with business reputation, contracts, business data/information and Loss due to disruption or system downtime, loss of use, past or future revenues, profit or business opportunities, damage to records or data or claims of third parties, caused by the Merchant Agreement, relating to the Merchant Agreement, even if Paynovate was aware of, knew of or had the knowledge or should have had knowledge of the possibility of such Losses, and regardless of whether the cause of action is in contract or tort (including negligence) or otherwise; and

Parties Liabilities. Each contractual parties have the right to request from another party to fulfill the undertaken obligations of the Agreement and applicable legislation in a good faith; The parties are liable for non-performance or improper performance of the contractual obligations in compliance with active legislation of California. If the Client breaches any obligations of the Agreement, including but not limited to not to provide new content, photos, videos within 28 days, the Company is entitled to terminate and/or suspend this Agreement, request full reimbursement of the expenses, and impose the penalty with the amount of the Client's current monthly revenue.

Parties Liabilities. 4.1. The Parties of the Agreement will be reciprocally liable for non-fulfilment or the improper fulfilment of their obligations under this Agreement. 4.2. Both Parties will carry out their obligations in the proper way, doing their best to assist another party in fulfilment of its obligations. 4.3. The Parties will not be liable for failure or improper fulfilment of their obligations under this Agreement if such failure or improper fulfilment of either Party is caused by the Acts of God (natural disasters, military operations, fire, strikes, etc), including the events specified in ICC Force-majeure clause 2003 and ICC hardship clause 2003. The occurrence of circumstances referred to in this clause is not a basis for refusing payment for services performed prior to the occurrence of these circumstances.