Sole Liability. The Eurex Entities shall each be jointly and severally liable to Ceres and CBOT solely for damages arising from their own intentional misconduct or gross negligence. Under no circumstances shall the Eurex Entities be liable to Ceres or CBOT jointly and severally (gesamtschuldnerisch) with DBS (i) for the performance of, or DBS' or its subcontractors' failure to perform, any of DBS' obligations pursuant to this Agreement, or (ii) any conduct (Section 12.1) of, or breach of contract (Section 12.2) by, or warranties or convenants of, DBS or any of its subcontractors.
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Sources: New Systems Operations Agreement (Cbot Holdings Inc), New Systems Operations Agreement (Cbot Holdings Inc)
Sole Liability. The SWX and the Eurex Entities shall each be jointly and severally liable to Ceres and CBOT solely for damages arising from their own intentional misconduct or gross negligence, respectively. Under no circumstances shall SWX and the Eurex Entities be liable to Ceres or CBOT jointly and severally (gesamtschuldnerisch) with DBS DBAG (i) for the performance of, or DBS' DBAG's or its subcontractors' failure to perform, any of DBS' DBAG's obligations pursuant to this Agreement, or (ii) any conduct (Section 12.1) of, or the breach of contract (Section 12.2) by, or warranties or convenants covenants of, DBS DBAG or any of its subcontractors.
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