Limitations of contractual liability Sample Clauses

Limitations of contractual liability. The Parties shall take all the necessary steps to limit or mitigate any damage. No Party shall be responsible to the 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, provided such damage was not caused by a wilful act, gross negligence or by a breach of confidentiality. The terms of this Agreement shall not be construed to amend or limit either Party’s statutory liability.

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, provided such damage was not caused by a wilful act, by a breach of confidentiality or by an intentional breach of information obligations under 4.1.2. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability.

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. A Party’s aggregate liability towards the other Parties collectively shall be limited to Insert: once or twice 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 willful act or gross negligence or to the extent that such limitation is not permitted by law. The basic rule of Belgian law, and most other legislations in Europe, states that liability with regard to wilful breaches of contract cannot be limited. It may be possible to limit damage in case of gross negligence, but such limitation and its consequences should be carefully considered as such limitation might be considered as invalid regarding Belgian Law because in some cases gross negligence could be regarded as wilful by some courts. Parties should notice that such limitation of liability covers only the limitations of contractual liability. New Belgian legislation on unlawful clauses in B2B contracts put restrictions on clauses in contracts between undertakings that are “manifestly unbalanced” between the parties involved. So to the extent the partners in the CA are to be considered as undertakings (entities that perform economic activities in a durable way), the clauses of the CA may be considered in that light by the courts. The law of 4 April 2019 (which entered into force on December 1st, 2020) holds a list of “grey clauses” which are considered invalid unless a Party can prove that they are not unbalanced in the current circumstances. One of these “grey clauses” is an exoneration of liability for wilful act or gross negligence. This only applies to a full exoneration, and not to a limitation. So the current text of this clause capping the liability to the Party’s share of the total costs, unless in the case of wilful act is still possible. The Parties might want to increase their liability with regard to certain cases. This should always be considered case by case and, if so chosen, written down in the Consortium Agreement very clearly and defined. Issues to be considered in this connection might relate for instance to insurance coverage of the Parties or specific liability concerning co...

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.

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. A Party’s aggregate liability towards the other Parties collectively shall be limited to 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 to the extent such damage was caused by a wilful or gross negligence or to act to the extent that such limitation is not permitted by law. 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.

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. A Party’s general aggregate liability towards the other Parties collectively shall be limited to once the Beneficiary’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement and in case of Associated Partners to once the amount of its total budget as indicated in Attachment 6 of this Consortium 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. 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.

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, provided such damage was not caused by a wilful act or by a breach of confidentiality. 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 I of the EC-GA provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s non- contractual liability.

Limitations of contractual liability. The Parties shall take all the necessary steps to limit or mitigate any damage. No Party shall be responsible to the 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, provided such damage was not caused by a willful act, gross negligence or by a breach of confidentiality. The terms of this Agreement shall not be construed to amend or limit either Party’s statutory liability. 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 Agreement. Hold harmless The Recipient shall hold EIT Manufacturing East and its respective assigns and employees, officers and directors harmless from and against all losses, costs, liabilities, claims, damages and expenses, resulting from or relating to or arising out of the breach or default in the performance of any obligation on the Recipient’s part under this Agreement through a legal action, including any counterclaim, that has proceeded to final judgment by a court of competent jurisdiction, in either case to the extent it determined a breach or default by the Recipient in the performance of this Agreement, provided it is not caused by EIT Manufacturing East’s willful act or gross negligence. The Recipient will be entitled to make observations towards EIT Manufacturing East, regarding the Recipient’s obligation to hold EIT Manufacturing East harmless and EIT Manufacturing East shall reasonably consider such observations by the Recipient. EIT Manufacturing East shall take into account the reasonable requests of the Recipient with regard to the defence and the settlement of such claims, including the selection of counsels, and it is understood that EIT Manufacturing East shall not settle any claim without the consent of the Recipient. Force Majeure No Party shall be considered to be in breach of the Agreement if it is prevented from fulfilling its obligations under the Agreement by Force Majeure. Each Party will notify the other Party of any Force Majeure without undue delay.

Limitations of contractual liability. (a) Nothing in this Agreement shall exclude or limit a Party's liability for personal injury or death caused by that Party's negligence or for fraud or fraudulent misrepresentation. (b) No Party shall be responsible to any other Party for any loss of profit, loss of revenue, loss of contracts or any indirect or consequential loss or similar damage. (c) A Party’s aggregate liability towards the other Parties collectively shall be limited to the sum set out in Schedule 3 in respect of that Party. (d) The terms of this Agreement shall not be construed to amend or limit any Party’s non-contractual liability.