Additional Limitations of Liability. Except as otherwise provided under the ISO OATT, the NTO shall not be liable for any indirect, consequential, exemplary, special, incidental or punitive damages including, without limitation, lost revenues or profits, the cost of replacement power or the cost of capital, even if such damages are foreseeable or the damaged party has been advised of the possibility of such damages and regardless of whether any such damages are deemed to result from the failure or inadequacy of any exclusive or other remedy. The ISO shall not be liable to the NTO or any other party for any damages resulting from any act or omission in any way associated with this Agreement, except to the extent provided for under the ISO OATT.
Additional Limitations of Liability. Except as otherwise provided under the ISO OATT, a Transmission Owner shall not be liable for any indirect, consequential, exemplary, special, incidental or punitive damages including, without limitation, lost revenues or profits, the cost of replacement power or the cost of capital, even if such damages are foreseeable or the damaged party has been advised of the possibility of such damages and regardless of whether any such damages are deemed to result from the failure or inadequacy of any exclusive or other remedy.
Additional Limitations of Liability. Except as otherwise provided under the ISO OATT, neither the NTO nor the ISO shall be liable for any indirect, consequential, exemplary, special, incidental or punitive damages including, without limitation, lost revenues or profits, the cost of replacement power or the cost of capital, even if such damages are foreseeable or the damaged party has been advised of the possibility of such damages and regardless of whether any such damages are deemed to result from the failure or inadequacy of any exclusive or other remedy.
Additional Limitations of Liability. The Reliability Coordination Customer will not be liable for any indirect, consequential, exemplary, special, incidental or punitive damages including, without limitation, lost revenues or profits, the cost of replacement power or the cost of capital, even if such damages are foreseeable or the damaged party has been advised of the possibility of such damages and regardless of whether any such damages are deemed to result from the failure or inadequacy of any exclusive or other remedy. The ISO will not be liable to the Reliability Coordination Customer or any other party for any damages resulting from any act or omission in any way associated with this Agreement, except to the extent the ISO is found liable for gross negligence or intentional misconduct, in which case the ISO will only be liable for direct damages.
Additional Limitations of Liability. 2.4.1. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN RESPECT OF YOUR USE OF THE APPLE PAY PAYMENT SERVICE THAT IS CAUSED BY, OR ATTRIBUTABLE TO, APPLE, EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT THAT CAN BE SECURED IN OUR AGREEMENT WITH APPLE.
Additional Limitations of Liability. The parties hereto agree and acknowledge that (a) the Company has entered into this Agreement solely on behalf of the Fund and no other series of the Company shall have any obligation hereunder with respect to any liability of the Company arising hereunder; (b) the Adviser has entered into this Agreement solely on behalf of the Portfolio and no other series of the Master Trust shall have any obligation hereunder with respect to any liability of the Portfolio arising hereunder; and (c) no series or feeder participant of the Master Trust shall be liable to any other series or feeder participant of the Master Trust.
Additional Limitations of Liability. In addition to the limitations of liability stipulated herein, the following shall apply:
Additional Limitations of Liability. Notwithstanding anything in this Article 5 to the contrary:
(a) Seller shall have no liability under this Agreement with respect to any Damages on account of any liability to the extent reflected in the Closing Balance Sheet.
(b) Buyer Indemnified Persons may not recover Damages more than once for any specific facts, omissions or circumstances notwithstanding the fact that such facts, omissions or circumstances may constitute the Breach of more than one representation or warranty.
(c) Seller shall not be required to pay any Damages to Buyer Indemnified Persons pursuant to Sections 5.2 and 5.3 until such time as the Adjusted Closing Net Worth is finally determined (given that the Net Worth Gap will not be calculable until such time); provided that any amounts so deferred by Seller shall be paid together with interest at an annual rate equal to the Base Rate, accruing from the date such Damages would have been paid had the Net Worth Gap been known on the date of this Agreement. In the event that Seller pays any amount to any Buyer Indemnified Person or other Person pursuant to Section 5.2 or 5.3, or incurs any costs or expenses in defending any third party claim, and it is finally determined that, pursuant to the provisions of this Article 5 (including Sections 5.6, 5.8, 5.9 and 5.12) Seller was not required to pay such amount or incur such cost or expense, Buyer shall, promptly following Seller's request therefor, reimburse Seller for all such amounts paid or incurred together with interest at an annual rate equal to the Base Rate, accruing from the date such amounts were paid or incurred through the date such reimbursement is made.
(d) In no case shall Damages include (i) any incidental, consequential, indirect or special losses or damages (including, without limitation, lost profits, lost revenues and loss of business), or (ii) fees and expenses of more than one counsel with respect to any indemnity claim or claims arising out of the same general allegations or circumstances.
Additional Limitations of Liability. Notwithstanding anything in this Article 11 to the contrary:
(a) Seller has no liability under this Agreement with respect to any Damages on account of any Assumed Liability to the extent of the amount reflected in the Audited Closing Balance Sheet.
(b) Buyer Indemnified Persons may not recover Damages more than once for any specific facts, omissions, or circumstances, notwithstanding the fact that such facts, omissions, or circumstances may constitute the Breach of more than one representation or warranty.
(c) Seller shall have no liability to Buyer Indemnified Persons with respect to any Damages related to any Accounts Receivable which are compromised by Buyer after Closing or any disputed payables paid by Buyer after Closing to the extent that such settlements or payments exceed the amounts accounted or reserved therefore on the Audited Closing Balance Sheet (as evidenced by the work papers used to prepare the Audited Closing Balance Sheet) unless Seller has approved such compromise or payment in writing prior to the time such compromise is agreed to by Buyer or such payment is made by Buyer, such approval by Seller not to be unreasonably withheld or delayed.
Additional Limitations of Liability. You agree that Truist will not be liable to you for:
i. your inability to use the download service;
ii. the accuracy, timeliness, loss, or corruption of account information;
iii. unauthorized access to your account information and any misuse, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions; or
iv. your inability to access your account information (including but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or Internet service providers ("ISPs"), acts of God, strikes, or other labor problems). Additional Services
(a) Online Statement and Document Delivery Service The Truist Online Statement and Document Delivery Service (the "Delivery Service") is provided by Truist ("we" and "us").
