Additional Limitation of Liability. The parties hereto are expressly put on notice that a Certificate of Trust, referring to the Trust’s Agreement and Declaration of Trust (the “Certificate”), is on file with the Secretary of the State of Delaware. The Certificate was executed by a trustee of the Trust on behalf of the Trust as trustee, and not individually, and, as provided in the Trust’s Agreement and Declaration of Trust, the obligations of the Trust are not binding on the Trust’s trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust, or the particular series in question, as the case may be. Further, the liabilities and obligations of any series of the Trust shall be enforceable only against the assets belonging to such series, and not against the assets of any other series.
Additional Limitation of Liability. The parties hereto are expressly put on notice that a Certificate of Trust, referring to the Trust’s Agreement and Declaration of Trust (the “Certificate”), is on file with the Secretary of the State of Delaware. The Certificate was executed by a trustee of the Trust on behalf of the Trust as trustee, and not individually, and, as provided in the Trust’s Agreement and Declaration of Trust, the obligations of the Trust are not binding on the Trust’s trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust, or the particular series in question, as the case may be.
Additional Limitation of Liability. The undersigned director of the Fund has executed this Agreement not individually, but as a director under the Fund’s Amended and Restated Memorandum and Articles of Association, and the obligations of this Agreement are not binding upon any of the directors, officers or shareholders of the Fund individually. Subject to the Advisor’s rights under the Registered Fund Advisory Agreement, the Advisor agrees that for services rendered to the Fund, or for any claim by it in connection with services rendered to the Fund, it shall look only to assets of the Fund for satisfaction.
Additional Limitation of Liability. Although Check Block is intended to prevent any check from posting to a designated Account, Bank does not waive any defense or subrogation arising under the Uniform Commercial Code or common law if a check is paid. Bank shall have no liability if a check: (i) was written or issued by you, an employee or agent who is otherwise authorized by you to make transfers, payments or withdrawals from the designated Account; (ii) was written or issued through the misconduct of your own employee or agent; (iii) discharged or was applied to a bona fide obligation of you; or (iv) is held by us with the rights of a holder in due course (which right shall not be denied on the basis of our knowledge that you are enrolled in Check Block). We retain all defenses based on your own negligence contributing to the creation, alternation or payment of an unauthorized item.
Additional Limitation of Liability. In no event, regardless of cause, shall Seller assume responsibility or be liable for: (a) to the extent permitted by law, indemnification of user or others for costs, damages, or expenses each arising out of or related to the parts or services provided, or (b) certification, unless otherwise specifically provided for in writing by Seller.
Additional Limitation of Liability. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS OR EXAMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Additional Limitation of Liability. THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITE, CONTENT AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PAYSIMPLE AND RESELLER SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. PAYSIMPLE AND RESELLER DO NOT REPRESENT OR WARRANT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. PAYSIMPLE AND RESELLER ARE UNDER NO OBLIGATION TO UPDATE THE SITE, THE SERVICE OR THE CONTENT. PAYSIMPLE MAY CHANGE THE SITE, THE SERVICE OR THE CONTENT, OR MAY MAKE IMPROVEMENTS OR CHANGES THERETO, AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT NEITHER PAYSIMPLE, RESELLER NOR ANY OF THEIR AFFILIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES, WILL BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE SERVICE, THE CONTENT OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF PAYSIMPLE, RESELLER OR ANY SUCH AFFILIATE, AGENT, OFFICER, DIRECTOR OR EMPLOYEE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, DATA LOSS, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. PAYSIMPLE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE OR THE CONTENT. THE MAXIMUM AGGREGATE LIABILITY OF PAYSIMPLE, RESELLER AND THEIR AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES, WILL BE THE GREATER OF (A) TWENTY DOLLARS ($20) AND (B) THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEES PAID PURSUANT TO SECTION 9 HEREOF IN THE TWO (2) MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO THE CLAIM.
Additional Limitation of Liability. IN ADDITION TO THE LIMITATION OF LIABLITY SET FORTH IN THE MSA, AND NOTWITHSTANDING ANYTHING IN THE MSA AND ANY ADDENDA TO THE CONTRARY, PROVIDER AND ITS AFFILIATES’ CUMULATIVE LIABILITY, IN THE AGGREGATE (INCLUSIVE OF ANY AND ALL CLAIMS MADE BY CUSTOMER AGAINST PROVIDER AND/OR ITS AFFILIATES, WHETHER RELATED OR UNRELATED) FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO THE FIRST DATA HRP SERVICE, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY PROVIDER PURSUANT TO THIS SCHEDULE K IN THE IMMEDIATELY PRECEDING 12 MONTHS.
Additional Limitation of Liability. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 11 OF THE OF THE SMARSH SERVICE AGREEMENT – GENERAL TERMS, SMARSH EXPRESSLY DISCLAIMS LIABILITY FOR (A) CHANGES OR MODIFICATIONS MADE TO CAPTURE SERVER PRODUCTS BY ANYONE OTHER THAN SMARSH; OR (B) ANY CHANGES, MODIFICATIONS, COMBINATIONS WITH OTHER SOFTWARE APPLICATIONS OR EQUIPMENT, CONDITIONS, OR ISSUES ON, OR ARISING FROM, CLIENT’S SYSTEMS, SERVERS, OR NETWORKS, OR THE INTERNET, THAT AFFECT THE USE OR OPERATION OF CAPTURE SERVER. Smarsh will implement a written information security program that maintains administrative, technical, and physical safeguards, designed to: • ensure the security and confidentiality of all Client Confidential Information that is processed, stored, or controlled by Smarsh; • protect against anticipated threats or hazards to the security or integrity of such Confidential Information; • prevent unauthorized access to or use of such Confidential Information; and • ensure the secure disposal of such Confidential Information in compliance with applicable National Institute of Standards and Technology (NIST) standards. Smarsh will use reasonable efforts to ensure its written information security program and administrative, technical, and physical safeguards align with accepted industry practices [such as applicable security standards published by International Organization for Standardization (ISO) or NIST], and comply with applicable data protection and privacy laws, as well as the terms and conditions of the Agreement, including those contained in this Exhibit X. Xxxxxx will designate a security manager to oversee its information security program and ensure its compliance with this Exhibit B.
Additional Limitation of Liability. IN NO EVENT SHALL SALESLOGIX'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE MAINTENANCE SUPPORT PROVIDED UNDER THIS AGREEMENT.
