Damages and Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, includingdamages for lost profits.
Damages and Limitation of Liability. 11.1 Flytoget is entitled to claim damages for any loss suffered due to the Supplier’s breach of contract. Flytoget’s right to damages remains in force and effect regardless of whether Flytoget has also exercised their right to terminate the Contract for cause.
11.2 The Parties’ liability for damages do not include liability for indirect loss as defined in Section 67 §2 and §3 of the Sales Act. This limitation does not apply in cases of gross negligence or intent.
Damages and Limitation of Liability. If the Supplier commits a breach of this Agreement other than what is set out in section 8.2, or otherwise through negligence causes Semantix to incur or suffer damages, loss, costs or liabilities, Semantix shall be entitled to damages equal to the actual damages, loss, costs or liabilities incurred or suffered by Semantix due to the breach. This amount must be fairly calculated. For Freelance Suppliers, the maximum amount payable is limited to three thousand euros, (EUR 3,000) for each such breach or other action set out above. If the damages have been caused through gross negligence or wilful misconduct (i.e. where the Supplier could have predicted that the act would harm Semantix), the limitation of liability shall not apply. No limitation of liability shall apply for Agency Suppliers.
Damages and Limitation of Liability. IN NO EVENT SHALL CUSTOMER OR ANY THIRD PARTY HAVE THE RIGHT TO RECOVER FROM SAFESMART FOR ANY LOSS, DAMAGE, COST OF REPAIR, OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES FOR LOSS OF EFFICIENCY OR DELAY TO ANY PROJECT ON WHICH THE GOODS ARE USED OR ORDERED OR INTENDED FOR USE), WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSES OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE, OR REPAIR OF THE GOODS SOLD BY SAFESMART. NOTWITHSTANDING THE FOREGOING, CUSTOMER AGREES THAT SAFESMART’S SOLE LIABILITY, IF ANY, SHALL BE EXCLUSIVELY LIMITED TO, AT
Damages and Limitation of Liability. 17.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims (including third party claims), actions, losses, liabilities, expenses, costs or demands, including, but not limited to, legal and accounting fees, directly or indirectly, as a result of or due to (i) your use, misuse or inability to use by you (or if you are under the influence of another person, including but not limited to Government Authorities, by such other person) of the Website, Platform, Account on the Platform, or any content or information that you have provided to the Platform; or (ii) your violation of these Terms or other documents of the Agreement, documents that are part of these Terms or the terms of a third-party service provider, as well as documents related to the opening and use of an Account.
17.2. We will notify you by email, mail or other appropriate means of any such claim or action and will reasonably cooperate (at your expense) in the defense of such claim or action. We reserve the right to participate in the defense of such claim or to choose our own legal counsel, but have no obligation to do so.
17.3. Under no circumstances, including under the theory of law (tort, contract, direct liability or otherwise), shall we or any third party be liable to you or any other person for any damages arising from the use or misuse or inability to use the platform, Website, your Account, whether such damages are direct, indirect, special, incidental or consequential damages of any nature, including losses from trading, loss of information, business interruption or lost profits, lost profits or loss of data, or liability under any contract, negligence, strict liability or other liability arising out of or relating in any way to the Website, Platform, Account, any claim or demand of any third party, even if we knew or had reason be aware of the possibility of such damage occurring, claims or demands if the above disclaimer and disclaimer is to be considered invalid or ineffective. Some jurisdictions do not allow the exclusion or limitation of certain warranties and/or liabilities, so some of the above limitation or exclusion may not apply to you.
17.4. In no event shall our liability, regardless of the form of action and damages suffered by you, exceed the highest aggregate amount paid by you to us in connection with your use of the Platform or Website.
17.5. We are not responsible...
Damages and Limitation of Liability. The Customer agrees to indemnify the Laboratory and its directors, officers and employees against all claims, lawsuits, settlements, judgements, costs, penalties and expenses, including reasonable legal fees and costs, resulting from the Customer’s failure to comply with their obligations under the Agreement and these Terms and Conditions. The liability of the Laboratory, where applicable, toward any person, resulting from or in any way connected with this Agreement or the performance of its rights and obligations hereunder, shall not exceed the sum of five thousand dollars ($5000) per Item. Under no circumstances shall the Laboratory be liable for any loss of profit, loss of income, inability to achieve estimated savings or for any indirect damages, even if the Laboratory was notified of the possibility of such damages. 000, XXXXXX-XXXXXXXXX XXXXXX WEST, #919, MONTREAL, QC H3B 1A7 CANADA + 1 (514) 419-3585 XXXX@XXXXXXXXX.XXX XXX.XXXXXXXXX.XXX
Damages and Limitation of Liability. If Temet breaches these Terms or the agreement between the Parties and Client verifiably suffers direct damage as a result, Temet’s liability shall always be limited to the purchase price of the Delivery in question (exclusive of VAT and public fees). Temet shall not, in any case, be liable for any indirect damage suffered by Client, such as loss of production, profits or turnover, loss of sales or market shares, interruption of production or service or for any other equivalent damage. If Temet is obliged to pay liquidated damages or compensation for delay, Client shall not be Address Asentajankatu 3 Telephone International E-mail xxxxxx@xxxxx.xxx Bank Xxxxxx Xxxx Xxx Xxxxxxxxxx Xxxxxx Xxxxxxxx XX-00000 XXXXXXXX FINLAND +000 00 000 0000 Internet xxx.xxxxx.xxx IBAN: XX0000000000000000 BIC code: XXXXXXXX XXX reg. FI09532951 entitled to any other compensation for damages based on the same breach. These limitations of liability shall not be applied to damages that Temet has caused intentionally or by gross negligence.
Damages and Limitation of Liability. 11.1. In the absence of intent or gross negligence by the Supplier, the Supplier's liability shall be limited to the amount stated in this Agreement and the Customer shall not be entitled to raise other claims against the Supplier based on this Agreement.
11.2. Any entitlement of the Customer to damages, liquidated damages or other compensation in connection with a defect shall be limited to direct damage and losses in an amount equal to 10% of the Contract Sum. Under no circumstances shall the Supplier be liable to compensate for loss of profits, loss of production, damage to property other than that which is installed within the scope of the assignment (product damage), indirect damage or loss.
Damages and Limitation of Liability. Except for infringement of a party’s intellectual property rights, in no event will either party be liable for any indirect, special or consequential damages arising out of or in any way connected with this Agreement, the Website, the Licensed Content or the services (including, but not limited to, loss of revenue, profits, services, data or equipment), even if that party is advised of the possibility of such damages. In all events, aggregate liability for claims relating to this Agreement, the Website, the Licensed Content or the services, whether for breach of contract or in tort, will be limited to the amount actually paid by Customer to ACS hereunder during the one (1) year period immediately before the claim which gave rise to the liability arose. Nothing in this section 6 shall limit either party’s liability for: breach of any license terms herein; the indemnity obligations set forth in section 8 of this agreement; or liability for claims arising out of or relating to a party’s gross negligence or willful misconduct.
Damages and Limitation of Liability. 15.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER SUPPLIER NOR XXXXXXX, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR LOSSES CONSTITUTING TREBLE, EXEMPLARY, OR PUNITIVE DAMAGES.
