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External sources (not reviewed)

He said this would provide for faster decision-making and claims resolution.

During the year, no emoluments were paid by the Group to the Company's directors or any of the five highest paid individuals as an inducement to join, or upon joining the Group, or as compensation for loss of office (2008: Nil).

Releasing Parties” shall refer individually and collectively, to Plaintiffs and all [Lufthansa] Settlement Class Members, on behalf of themselves and any person or entity claiming by or through them as an heir, administrator, devisee, predecessor, successor, parent, subsidiary, representative of any kind, shareholder, partner, director, owner of any kind, affiliate, assignee, agent, employee, contractor, attorney, or insurer, and to Settlement Class Counsel, on behalf of themselves and any person or entity claiming by or through them as an heir, administrator, devisee, predecessor, successor, parent, subsidiary, representative of any kind, shareholder, partner, director, owner of any kind, affiliate, assignee, agent, employee, contractor, attorney, or insurer.

(v) for any penalty imposed on any member of the Group under section 42 of the Estate Duty Ordinance or the equivalent thereof under the laws of any juridiction outside Hong Kong by reason of any member of the Group defaulting, at any time after the date of the deed of indemnity, in any obligation to give information to the Commissioner under section 42(1) of the Estate Duty Ordinance or the equivalent authority thereof under the laws of any jurisdiction outside Hong Kong.

At one point it was felt that althoughthe proper basis of compensation is that a person deprived of money should be compensated by reference to the cost of borrowing and as a matter of commercial reality funds can only be borrowed at compound rates, yet there could be insurmountable difficulties of implementation which would lead to delay and expense.

Save as aforesaid, none of the Directors has or is proposed to have a service contract with the Company or any of its subsidiaries other than contracts expiring or determinable by the employer within one year without the payment of compensation (other than statutory compensation).

(ii) if *I am/we are discovered to have manipulated HA’s tender system, as stated in Clause 10 of the General Conditions of Tender.

(5) Subject to any provision to the contrary in these Article, the Members may, at any general meeting convened and held in accordance with these Articles, by ordinary resolution remove a Director at any time before the expiration of his period of office notwithstanding anything in these Articles or in any agreement between the Company and such Director (but without prejudice to any claimfor damages under any such agreement).

4.46 You and, in the case of a non-personal client, the Authorized User shall jointly and severally, indemnify us, any Associate, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by us or any of the above persons and all actions or proceedings which may be brought by or against us or any of the above persons in connection with the provision of the Internet/Phone Banking Services, the Market Information and/or the Reports or the exercise or preservation of our powers and rights under the provisions of this Clause 4, unless due to the gross negligence or wilful default of us, any Associate, any Information Provider or their respective officers or employees or unless the above sub-clause 4.45 applies.

4.43 In no event shall we, Associate or any Information Provider be liable to you, the Authorized User or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.

None of the Directors and Supervisors of the Company has entered into any service contract with the Group which is not terminable by the Group within one year without payment of compensation (other than statutory compensation).

As at the Latest Practicable Date, none of the Directors has entered into or proposed to enter into any service contract with the Company or any other member of the Group (excluding contracts expiring or determinable by the Company or any member of the Group within one year without payment ofcompensation, other than statutory compensation).

Total contract revenue includes initial income stipulated by the contract and income derived from contract modifications, compensation and rewards, and etc.

A Passenger shallbe held responsible for and shall indemnify the Carrier against any damage caused by him to any property of the Carrier, including but not limited to the structure, machinery, gear, fittings, furnishing, equipment and appliances of the Vessel and the Carrier’s landing stage and terminal buildings, and the Carrier reserves the right to detain the Passenger’s [...][...]

(a) to the Director or his associate(s) in respect of money lent or obligations incurred or undertaken by him or any of them at the request of or for the benefit of the Company or any of its subsidiaries; or (b) to a third party in respect of a debt or obligation of the Company or any of its subsidiaries for which the Director or his associate(s) has himself/themselves assumed responsibility in whole or in part and whether alone or jointlyunder a guarantee or indemnity orby the giving of security

As at the Latest Practicable Date, no Directors had any existing or proposed service contracts with the Company or any member of the Group which is not determinable within one year without payment of compensation other than statutory compensation.

(c) If the changes lead to a reduction in the toll revenue at WHC/EHC, the respective franchisees may seekcompensation from the Government.

[...] [...] material you submit; (5) You agree not to take action against us in respect of said material; and (6) You own the material or have unlimited right to provide it to us and Doro may publish the material and/or incorporate it, or any concepts described in it, in our products without accountability or liabilityof compensation.

(b) any contract or arrangementfor the giving by the Company or any of its subsidiaries of any security or indemnity to a third party in respect of a debt or obligation of the Company or any of its subsidiaries for which the Director or his associate(s) has himself/themselves assumed responsibility in whole or in part whether alone or jointly under a guarantee or indemnity or by the giving of security

If a share certificate is defaced, lost or destroyed, it may be replaced on payment of such fee, if any, not exceeding, in the case of any share capital listed on a stock exchange in Hong Kong, the maximum amount prescribed or permitted from time to time by such stock exchange, and, in the case of any other capital, such sum in such currency as the Board may from time to time determine to be reasonable in the territory in which the relevant register is situate, or otherwise in each case such other sum as the Board may from time to time determine and on such terms and conditions, if any, as to publication of notices, evidence and indemnity, as the Board thinks fit and in the case of wearing out or defacement, after delivery up of the old certificate.

(B) that in the case of a default committed by Tanrich and you having suffered pecuniary loss thereby, the liability of the Investor CompensationFund will be restricted to valid claims as provided for in the SFO and will be subject to the monetary limits specified in the SFO and accordingly that there can be no 13 assurance that any pecuniary loss sustained by reason of such a default will necessarily be recouped from the Investor Compensation Fund in full, in part, or at all.

None of the Directors being proposed for re-election at the forthcoming annual general meeting has a service contract with the Company or any of its subsidiaries which is not determinable by the Group within one year without payment of compensation, other than statutory compensation.

[...] [...] prejudice to any claim fordamages [...][...]

(i) As at the Latest Practicable Date, save for the Service Agreement, there is no agreement, arrangement or understanding (including any compensation arrangement) between the Offeror or any person acting in concert with it and any Directors, recent Directors, Shareholders or recent Shareholders having any connection with or was dependent upon the outcome of the Offers or otherwise connected therewith.

[...] [...] relation to any oneor more of the joint Account holder shall be subject toany claim orobjection of relevant authority and shall be without prejudice to any right which we may have arising out of any lien, charge, pledge, set-off, claim, counterclaim [...][...]

10.5 Subject to clauses 10.2, 10.3 and 10.4 and to such extent as permitted by applicable law, our maximum aggregate liability under these Terms and Conditions whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to us in respect of the product(s) in question.

Nevertheless since the purpose of awarding interest on special damages is to compensate the plaintiff for the cost of borrowing funds, we feel that the appropriate rate should be the rate that the person would have had to pay to borrow money.