General Limitation. Xxxxxx Mae shall be liable under the terms of the Lower Tier Classes, the Certificates and this Trust Agreement only to the extent of faithful performance of the duties and responsibilities imposed by the terms of the Lower Tier Classes, the Certificates and this Trust Agreement.
General Limitation. Xxxxxx Xxx shall be liable under the terms of the Certificates and this Trust Agreement only to the extent of faithful performance of the duties and responsibilities imposed by the terms of the Certificates and this Trust Agreement.
General Limitation. Xxxxxx Mae shall be liable under the terms of the Certificates and this Trust Agreement only to the extent of faithful performance of the duties and responsibilities imposed by the terms of the Certificates and this Trust Agreement.
General Limitation. Xxxxxx Xxx shall be liable under the terms of the Lower Tier Classes, the Certificates and this Trust Agreement only to the extent of faithful performance of the duties and responsibilities imposed by the terms of the Lower Tier Classes, the Certificates and this Trust Agreement.
General Limitation. The liability of each of the Issuer, Guarantor and Trustee and any successor extends only to its performance in good faith of the duties and responsibilities specifically imposed by the terms of the Trust Documents. No other duties or responsibilities will be implied.
General Limitation. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOODY’S, ITS AFFILIATES AND ITS LICENSORS, OR THE AGGREGATE LIABILITY OF CLIENT AND ITS AFFILIATES, ARISING FROM THIS AGREEMENT OR RELATED TO THE PRODUCTS OR SERVICES, EXCEED THE AGGREGATE FEES AND CHARGES PAID OR PAYABLE BY CLIENT TO MOODY’S UNDER THE ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF HOW SUCH DAMAGES OR LOSSES ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, REGARDLESS OF THE CAUSE OF THE DAMAGE OR LOSS, AND REGARDLESS OF THE LEGAL RIGHT CLAIMED TO HAVE BEEN VIOLATED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS “GENERAL LIMITATION” SECTION SHALL LIMIT OR EXCLUDE: (I) CLIENT’S OBLIGATIONS TO PAY ANY FEES DUE UNDER THIS AGREEMENT; (II) CLIENT’S LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM THE BREACH OF ANY USAGE RESTRICTION UNDER THE AGREEMENT OR ORDER FORM, OR FOR ANY OTHER VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF MOODY’S, MOODY’S AFFILIATES OR ANY OF THEIR LICENSORS; (III) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT (INCLUDING ANY SUCH OBLIGATION UNDER THE ORDER FORM); OR (IV) A PARTY’S LIABILITY ARISING OUT OF SUCH PARTY’S FRAUD OR WILFUL MISCONDUCT, OR WHICH CANNOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.
General Limitation. Notwithstanding anything herein or in any other Loan Documents, expressed or implied, to the contrary, in no event shall any interest rate charged hereunder or under any of the other Loan Documents, or any interest contracted for, collected or received by Lender or any holder hereof, exceed the Maximum Lawful Rate.
General Limitation. Nothing in this section shall be deemed to impose liability on the Vendor to indemnify the City for loss when the City's negligence or other actionable fault is the sole cause of loss.
General Limitation. Each of Xxxxxx Xxx and the Trustee shall be liable under the terms of the Certificates and this Trust Agreement only to the extent it is grossly negligent with respect to its performance of the duties and responsibilities imposed by the terms of the Certificates and this Trust Agreement.
General Limitation. EXCEPT AS OTHERWISE PROVIDED IN SECTION 9.3, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
