11.4
In the event of termination of the Engagement Contract, the Client shall pay to
XR LEGAL fees, disbursements and other expenses as referred to in clause 7 to
which XR LEGAL, in accordance with the Engagement Contract, is entitled up to
the time of termination. If the termination is not made in accordance with
clause 11.3 or if it is made by the Client and is not based on any material
breach of contract on the part of XR LEGAL, the Client shall also compensate XR
LEGAL for other reasonable costs which have arisen in connection with
termination of the Engagement Contract. Such costs are regarded as including
costs of sub-consultant contracts, specific investments occasioned by the
Engagement and specific close-down costs as a consequence of the Engagement
Contract having prematurely terminated. XR LEGAL shall take reasonable measures
to, as far as possible, limit such costs. 12 Responsibility 12.1 XR LEGAL is
not liable for damages resulting from Swedish or foreign law or from actions by
authorities, acts of war, strikes, blockades, boycotts, lockouts, or any other
similar circumstance. With regard to strikes, blockades, boycotts and lockouts,
the reservation also applies if XR LEGAL is, itself, the object of or takes
such measures. 12.2 XR LEGAL carries out the Engagement in accordance with
applicable rules and on the basis of the understanding of applicable
interpretation of statutes and court rulings at the time at which the
Engagement, or part of the Engagement, is executed. XR LEGAL does not have any
li-ability for the consequences of any changes to statutes or
re-interpretations made after the date on which XR LEGAL has reported on the
Engagement or a pertinent part of the Engagement. 12.3 Unless otherwise agreed
in the Engagement Letter, the result of the Engagement is intended to be used
solely by the Client, and XR LEGAL, therefore, does not accept any liability
towards third parties or any outsider attempting to utilise, derive benefit
from or rely upon the work which XR LEGAL has carried out in the Engagement.
12.4 XR LEGAL shall be indemnified by the Client against any form of claim for
compensation which third parties address to XR LEGAL – including XR LEGAL’s own
expenses on the basis of third-party claims – as a consequence of the Client
having made the Result of the Engagement, or any part thereof, available to
third parties. The Client is not liable for thirdparty claims, however, if it
can be shown that the Contractor has wilfully acted incorrectly or been grossly
negligent. 12.5 Damages in cases other than those referred to in clauses 12.1 and 12.2 shall be compensated for by XR LEGAL only if XR LEGAL has acted negligently. XR LEGAL is, in no case, liable for loss of production, loss of profit, or any other indirect damages or consequential harm of any nature. 12.6 If XR LEGAL’s liability is not governed by law, XR LEGAL’s liability for all damages, losses, costs and expenditure in the Engagement is limited to the higher of either [two (2) times] the fee paid for the Engagement under the Engagement Contract or ten (10) times the price base amount, according to the Social Insurance Code (2010:110) applying when the Engagement Contract was entered into. This limitation does not, however, apply when it is shown that the Contractor has caused the damages wilfully or through gross negligence.