Disclaimers and Liabilities. 7.1 We will use reasonable endeavours to ensure that ScholaSys will give the functionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the ScholaSys or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx .
7.2 We do not warrant:
7.2.1 that ScholaSys or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, ScholaSys and server will be free from attack;
7.2.2 that all the information we provide on ScholaSys and the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on "ScholaSys" and the Website is correct and complete at the time of the last update to the relevant page;
7.2.3 that ScholaSys or the Website will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
7.2.4 that ScholaSys or the Website results of use will be correct, accurate or reliable;
7.2.5 that any defects in the ScholaSys or the Website can or will be corrected.
7.3 Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW (including its members, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the following:
7.3.1 access to the ScholaSys or the Website;
7.3.2 access to websites linked (including hyperlinked) to the Website;
7.3.3 inability to access the Website;
7.3.4 inability to access websites lin...
Disclaimers and Liabilities. 8.1. The BEE123 Portal is provided on an “as is” basis, and BEE123 and its directors, members, employees, content providers, agents, Affiliates and Contractors exclude, to the fullest extent permitted by applicable law, any warranty of any kind, whether express or implied, including warranties of satisfactory quality, fitness for a particular purpose, non-infringement, title, security and compatibility. It is the Client’s sole responsibility to satisfy itself prior to entering into this Agreement that the Services and the BEE123 Portal will meet its individual requirements and be compatible with its hardware and/or software. The functions embodied on or in the materials of the BEE123 Portal or the Services are not warranted to be uninterrupted or without error, and BEE123 does not warrant that any results of use will be correct, accurate or reliable, or that any defects in the BEE123 Portal or Services can or will be corrected. The Client, not BEE123, assumes the entire cost of all necessary servicing, repair or correction due to the use of the BEE123 Portal or the Services by the Client and its End Users.
8.2. Subject to clauses 3, 4, 8 and 9 and the Client’s compliance with the terms of this Agreement, BEE123 will use reasonable endeavours to ensure that the BEE123 Portal will give the functionality and levels of service as described on the BEE123 Portal, when used in accordance with this Agreement and BEE123’s requirements and directions (as made available on the BEE123 Portal or notified to the Client in writing) from time to time.
8.3. BEE123 will use reasonable endeavours to keep the BEE123 Portal and Services available at all times, however, BEE123 does not warrant that the BEE123 Portal will be continuously available, or that the Client’s use of BEE123 Portal or the Services will be uninterrupted or error-free, or that BEE123’s server(s) will be free from attack.
8.4. While BEE123 will use reasonable efforts to ensure that all information it provides on the BEE123 Portal and/or Services is correct and complete at the time of the last update to the relevant Page, BEE123 makes no representations or warranties as to such information’s accuracy, adequacy, correctness, quality or reliability. The Client bears all risks from any use or results of using any information or the Services and are solely responsible for validating the integrity of any information received from the BEE123 Portal and the Services.
8.5. BEE123 does not warrant, whether expressly ...
Disclaimers and Liabilities o 7.1 We will use reasonable endeavours to ensure that Sage Business Cloud will give the functionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the Sage Business Cloud or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxxxxxxxxx.xxxxxxx.xx.xx.
o 7.2 We do not warrant:
2.1 that Sage Business Cloud or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, Sage "Sage Business Cloud" and server will be free from attack;
Disclaimers and Liabilities. (a) Company acknowledges that City, in City's sole discretion, may or may not exercise City Access. City has no duty to access the Public Access video. During the Term, the City may opt to access the Public Access video at such times as the City wishes, in its sole discretion, in accordance with the terms of this MOU. Company further acknowledges that City is not obligated in any way to Company to access the Public Access video at any time and that the City's intent with respect to City Access is solely to enhance overall public safety capabilities. City acknowledges that Company retains sole ownership of and exclusive control of the System.
(b) The City and Company shall have the duty to inform each other if the System is not operational.
3.2 EXCEPT AS SPECIFICALLY SET FORTH OTHERWISE IN THIS MOU, COMPANY MAKES NO REPRESENTATION OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SYSTEM, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH, WITHOUT LIMITING THE FOREGOING, ARE DISCLAIMED BY COMPANY.
3.3 This MOU is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Company and the City. Company and City acknowledge that they are not a representative, employee, agent, or partner of the other party.
Disclaimers and Liabilities. (a) While the Bank will make diligent efforts in its performance of the Technical Cooperation, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any recommendation contained in any work product prepared by or with the assistance of the Bank or Bank Personnel.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Recipientsor other third party for any loss, cost, damage or liability that the Recipientsshall incur as a result of the Technical Cooperation.
(c) The Parties acknowledge and agree that it is not the purpose of this Agreement to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis- a-vis third Parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Recipients in respect of the Project or otherwise. 8.
Disclaimers and Liabilities. (a) While the Bank shall make diligent efforts in its performance of the Reimbursable Advisory Services, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any recommendation contained in any work product prepared by or with the assistance of the Bank or Bank Personnel.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Recipient or other third party for any loss, cost, damage or liability that the Recipient shall incur as a result of the Reimbursable Advisory Services, except for those resulting from the gross negligence or willful misconduct of the Bank or Bank Personnel. Notwithstanding anything herein, the Bank’s liability, if any, to the Recipient hereunder shall not extend to any indirect, punitive or consequential damage, loss of profit or loss of opportunity, nor shall it exceed the amount of the professional fees received by the Bank for its account under this Agreement.
(c) The Parties acknowledge and agree that it is not the purpose of this Agreement to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis-a-vis third parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Recipient in respect of a project or otherwise.
Disclaimers and Liabilities. (a) Company acknowledges that Police, in Police's sole discretion, may or may not exercise Police Access. Police has no duty to access the Public Access video. During the Term, Police may opt to access the Public Access video at such times as the Police wishes, in its sole discretion, in accordance with the terms of this MOU. Company further acknowledges that Police is not obligated in any way to Company to access the Public Access video at any time and that the Police's intent with respect to Police Access is solely to enhance overall public safety capabilities. Police acknowledges that Company retains sole ownership of and exclusive control of the System.
(b) Police and Company agree to inform each other upon discovery that the System is not operational.
3.2 EXCEPT AS SPECIFICALLY SET FORTH OTHERWISE IN THIS MOU, COMPANY MAKES NO REPRESENTATION OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SYSTEM, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH, WITHOUT LIMITING THE FOREGOING, ARE DISCLAIMED BY COMPANY.
3.3 This MOU is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Company and the Police. Company and Police acknowledge that they are not a representative, employee, agent, or partner of the other party.
Disclaimers and Liabilities. (a) While the Bank shall exercise the same care and diligence in the performance of the Advisory Services as it does in its other analytical and advisory activities, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any advice provided as part of the Advisory Services. If during the carrying out of the Advisory Services the Client implements the advice provided by the Bank in a manner that is not consistent with such advice, the Bank may immediately terminate this Agreement.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Client or other third party for any loss, cost, damage or liability that the Client shall incur as a result of the Advisory Services, except for those resulting from the gross negligence or willful misconduct of the Bank or Bank Personnel. Notwithstanding anything herein, the Bank’s liability, if any, to the Client hereunder shall not extend to any indirect, punitive or consequential damage, loss of profit or loss of opportunity, nor shall it exceed the amount of the professional fees received by the Bank for its account under this Agreement.
(c) The purpose of this Agreement is not to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis-a-vis third Parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Client.
Disclaimers and Liabilities. (a) While the Bank shall exercise the same care and diligence in the performance of the RAS as it does in its other analytical and advisory activities, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any advice provided as part of the RAS. If during the carrying out of the RAS the Client implements the advice provided by the Bank in a manner that is not consistent with such advice, the Bank may immediately terminate this Agreement.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Client or other third party for any loss, cost, damage, or liability that the Client shall incur as a result of the Reimbursable Advisory Services.
(c) The Client shall: (i) indemnify the Bank and Bank Personnel for any losses, costs, damages, or liability to which the Bank or Bank Personnel may be subject, including without limitation as a result of any claim, suit or action brought against any of them by any third party (whether or not affiliated with the Client) on whatever grounds, in connection with the performance of the Reimbursable Advisory Services by the Bank hereunder or the reliance by any person on anything done or not done by the Bank; and
Disclaimers and Liabilities. (a) While the Bank shall make diligent efforts in its performance of the Reimbursable Advisory Services, the Bank makes no express or implied representation or warranty as to the extent of success that may be achieved in the implementation of any recommendation contained in any work product prepared by or with the assistance of the Bank or Bank Personnel.
(b) Without limitation to the immunities and privileges of the Bank under its Articles of Agreement and other applicable rules of law, the Bank shall not be liable to the Client, or other third party for any loss, cost, damage or liability that the Client shall incur as a result of the Reimbursable Advisory Services, except for those resulting from the gross negligence or willful misconduct of the Bank or Bank Personnel.
(c) The Parties acknowledge and agree that it is not the purpose of this Agreement to create a partnership, joint venture or similar arrangement whereby the Parties could be held jointly liable vis-a-vis third Parties or for any other purposes. Nothing herein shall constitute a commitment by the Bank to provide financing to the Client in respect of a project or otherwise.
