Assumption of Risk; Limitation of Liability. Each Party shall be solely liable for third party claims arising from any willful or negligent act or failures to act, or the errors or omissions, of the Party’s owners, officers, employees, agents or contractors. Excepting for the breach provisions of this Agreement, neither Party to this Agreement, nor any of such Parties’ respective Affiliates, trustees, directors, officers, employees, fellows or agents shall be responsible or liable to the other Party for any injury, loss, or damage of any kind, including but not limited to indirect, special, incidental consequential, punitive damages or lost profits, relating to design, development, specification, manufacture, production or use of the eSOPH software and services or any part thereof. The limitations on liability of the previous sentence shall apply even though a Party may have been advised of the possibility of such injury, loss or damage. This paragraph shall not apply to any obligations to maintain specific insurance requirements pursuant to any provision of this Agreement. Nothing in this Agreement shall be construed to limit any remedies available to the Parties in law or equity, including but not limited to injunctive relief and/or the mutual indemnification obligations herein.
Assumption of Risk; Limitation of Liability. Each Party shall be solely liable for third party claims arising from any willful or negligent act or failures to act, or the errors or omissions, of the Party’s owners, officers, employees, agents or contractors. Excepting for the breach provisions of this Agreement, neither Party to this Agreement, nor any of such Parties’ respective Affiliates, trustees, directors, officers, employees, fellows or agents shall be responsible or liable to the other Party for any injury, loss, or damage of any kind, including but not limited to indirect, special, incidental consequential, punitive damages or lost profits, relating to design,
Assumption of Risk; Limitation of Liability. (a) Except as otherwise set forth in the Termination Agreement, as provided under the heading “Sulfuric Acid Tank Equipment Maintenance and Operation” on Annex A and without limiting the Parties’ respective indemnification obligations thereunder or hereunder, Innophos assumes all risks and liability for any loss, damage or injury to persons or property resulting from Innophos’s (i) receipt of any Services (not the provision of the Services by PCS (or an Affiliate or Third Party Service Provider designated by PCS)), and (ii) the storage, handling, transportation, resale or use of Products and any other materials provided hereunder, in each case whether used singly or in combination or otherwise, other than, in each case, any loss, damage or injury arising out of the gross negligence, fraud or willful misconduct of PCS or its Affiliates in the provision of any Service by or on behalf of such Service Provider. PCS shall not be liable to Innophos, and Innophos shall be liable, for damage to persons or property resulting from the use by Innophos of Products obtained in connection with the Services in manufacturing processes, or in combination with other substances, or otherwise, other than any loss, damage or injury arising out of the gross negligence, fraud or willful misconduct of PCS or its Affiliates in the provision by or on behalf of such Service Provider.
Assumption of Risk; Limitation of Liability. If Licensee wants legal advice or wants to apply any of the information in a course to Licensee’s situation, or to take or not take action in a situation based on the Training, Licensee assumes sole responsibility for the selection, interpretation, and use of the Training and should not rely on it without the specific advice of a licensed professional. Therefore, by using the Training, Licensee voluntarily accepts the risk that Licensee may suffer damages and expressly agrees that except for a violation of Licensor’s warranty and indemnity provisions, (1) Licensor will not be liable for any damage to Licensee based on any theory, and (2) Licensee waives all other claims against Licensor. While Licensor provides links to other sites, such links do not endorse the site, make any representations about the content or its accuracy, nor imply any relationship with the linked site or its owners. Licensee’s use of the linked site is at Licensee’s own risk.
Assumption of Risk; Limitation of Liability. Licensee hereby assumes all risk and liability in connection with the use of the Vessel and Licensee’s use of Pelican Rest Marina, including without limitation, damage to or loss of vessels, contents, equipment gear and bodily injury, whether or not covered by insurance.
a. After reasonable opportunity to inspect the Slip, Licensee is satisfied that the Slip is adequate for safe mooring of the Vessel and Licensee accepts the Slip as suitable for the purposes for which the license herein is granted. Licensee agrees that this License Agreement is not a bailment of Vessel, but is merely a license of berthing space. Licensor assumes no responsibility for tending mooring lines or otherwise supervising or maintaining the Vessel.
b. Licensor is not responsible for any theft of, damage, casualty, loss or injury to the Vessel or to any of Licensee’s property checked, kept, left or stored at Pelican Rest Marina or on the Vessel. Use of the Slip and Pelican Rest Marina is at the sole risk of Licensee. Licensee is solely responsible for providing and maintaining insurance for the Vessel and their personal property.
a. LICENSEE HEREBY WAIVES, RELEASES AND DISCHARGES LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, MEMBERS, AGENTS AND EMPLOYEES (THE “LICENSOR PARTIES”), FROM ALL LIABILITY WITH RESPECT TO ANY CLAIM FOR ANY LOSSES, DAMAGES, LIABILITY OR EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED OR SUSTAINED BY LICENSEE OR LICENSEE PARTIES (OR THEIR SUCCESSORS) BECAUSE OF INJURY TO PERSONS OR DAMAGE TO PROPERTY ARISING OUT OF THE USE OF PELICAN REST MARINA BY LICENSEE OR LICENSEE PARTIES.
Assumption of Risk; Limitation of Liability. Risks Inherent to Internet. Client acknowledges that: (a) the Internet is a worldwide network of computers; (b) communication on the Internet may not be secure; (c) the Internet is beyond LIV’s control; and (d) LIV does not own, operate or manage the Internet. Client also acknowledges that there are inherent risks associated with using Vault and the Services, including the risk of breach of security, the risk of exposure to computer viruses and the risk of interception, distortion, or loss of communications. Client assumes the general risks arising from utilization of the internet knowingly and voluntarily. Without limiting the foregoing, Client hereby assumes the risk of, and LIV will have no responsibility or liability of any kind under this Agreement for: (1) errors in Vault or the Services resulting from misuse, negligence, revision, modification, or improper use of all or any part of Vault or the Services by any entity other than LIV or its authorized representatives, employees, contractors, or consultants; (2) Client’s use of any version of Vault other than the then-current unmodified version provided to Client; (3) Client’s failure to timely or correctly install any updates to Vault; (4) problems caused by connecting or failure to connect to the Internet; (5) failure to provide and maintain the technical and connectivity configurations for the use and operation of Vault that meet LIV’s recommended requirements; (6) nonconformities resulting from or problems to or caused by non-LIV products or services; or (7) data or data input, output, accuracy, and suitability, which will be deemed to be under Client’s exclusive control. The assumption of risk stated in clause (1) of the preceding sentence will only apply if LIV has taken commercially reasonable steps to prevent and safeguard against the types of errors listed in that clause (1). Exclusion of Certain Damages; Limitation of Liability. IN NO EVENT WILL LIV BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMEN...
Assumption of Risk; Limitation of Liability. You certify that you voluntarily agree to receive these services. You understand and acknowledge that sex and relationship coaching by their very nature, carry with them certain inherent risks that cannot be eliminated. You understand and acknowledge that, regardless of the care taken by the life coach, I/Xxxxxxx Xxxxx cannot guarantee your safety, health or well- being, or any specific results. You expressly assume and accept sole responsibility for your health and safety and for any and all injuries that may occur. You understand that you must inform me of any medical conditions, medications or other factors that may affect your ability to safely receive the services. You agree that to the fullest extent permitted by law, Xxxxxxx Xxxxx (I) shall not be liable to you for any injury, harm, loss or damage that you may suffer as a result of your receiving the services or of any activity contemplated by this Agreement. You hereby agree to waive any claim against Xxxxxxx Xxxxx for any injury, harm, loss or damage that you may suffer as a result of your receiving the services or of any activity contemplated by this Agreement. I am aware that Xxxxxxx Xxxxx is an independent contractor. You agree that to the fullest extent permitted by law, Xxxxxxx Xxxxx/Advantages of Happiness (Sex Coach Charity) shall not be liable to you for any injury, harm, loss or damage that you may suffer as a result of your receiving the services or of any activity contemplated by this Agreement. You hereby agree to waive any claim against Xxxxxxx Xxxxx of any injury, harm, loss or damage that you may suffer as a result of your receiving the services or of any activity contemplated by this Agreement.
Assumption of Risk; Limitation of Liability
