11.4. NOMOBO shall never be liable for:
a) any indirect or consequential damage, losses, costs or claims, including but not limited to
damage incurred by Client due to an interruption of its business, loss of profits, loss of
savings, loss of goodwill, loss resulting from claims from its clients, mutilation,
destruction or loss of information for whatever reason;
b) damage resulting from a situation of force majeure, the improper performance of
obligations by suppliers of NOMOBO, incorrect or incomplete information provided by
Client, the conduct of Client or persons or persons designated by Client or for whom
Client is responsible.
11.5. In the event NOMOBO may recover the Client ’s damages and losses wholly or partly with a third
party and such recovery might lead to amounts actually received by NOMOBO higher than the
amounts stated in the preceding paragraphs of this clause, NOMOBO shall be entitled, in its sole
discretion, to assign its claim on such third party to the Client against full discharge of the claim
the Client has or pretends on NOMOBO.
11.6. Without prejudice to article 6:89 BW of the Dutch Civil Code, any liability of NOMOBO
terminates within twelve months after the occurrence of the injurious act or omission.
11.7. The limitations of liability of NOMOBO in this clause do not apply if the liability is caused by gross
negligence or intent by NOMOBO’s management team of by a member of that team.
11.8. Client shall indemnify NOMOBO, from and against all damage, losses, liabilities, suits,
proceedings, actions, fees, costs and all other claims arising in the event of a non-performance
or a non-proper performance of any agreed obligation, insurance and/or indemnification by the
Client.
11.9. The limitations of the liability in this clause and the indemnification of the Client are also made
on behalf of NOMOBO’s management and employees should the Client (or a third party as the
case may be) have a separate claim against any of them. The liability towards all of these
persons together with NOMOBO’s own liability constitute the amount to be considered when
establishing the maximum liability hereunder. This clause is meant to be a third party clause and
the respective persons could invoke this clause against the Client.