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C » Topics » 12.3.3 Non-Compliance by Purchaser

This excerpt taken from the C 10-Q filed Oct 31, 2008.

12.3.3            Non-Compliance by Purchaser

 

The Seller shall not be liable under or in connection with this Agreement in respect of a claim in relation to which the Purchaser does not comply with its obligations under Clause 12.6 or with its statutory obligations to mitigate damages under §254 of the German Civil Code (BGB) in respect of such claim, and, in each case, to the extent such non-compliance has increased the relevant Loss or compliance would have decreased the relevant Loss. The provisions of this Clause 12.3.3 shall apply, mutatis mutandis, to any claim against the Seller for failure by the Seller to discharge an indemnity given in or pursuant to this Agreement.

 

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