Common use of Disclaimers and Limitations Clause in Contracts

Disclaimers and Limitations. 21.1. Mobil is not liable for any loss sustained by any party resulting from any act, omission or failure to act by Mobil, whether with respect to the exercise or enforcement of its rights or remedies under this Agreement, or otherwise, unless the loss is caused by Mobil’s gross negligence or willful misconduct. Mobil’s liability under this Agreement shall be limited to actual damages incurred by Company as a direct result of Xxxxx’s gross negligence or willful misconduct. In no event will either party be liable for incidental, special, consequential or punitive damages and, any right or claim to either is expressly and unconditionally waived. 21.2. Company acknowledges and agrees that Mobil is not liable to Company for any loss, liability or damages company suffers which result from, are related to, or in any way are connected with any fraud control or purchase restriction measures Mobil elects to implement from time to time, unless such loss, liability or damage is a direct result of Mobil’s gross negligence or willful misconduct in implementing fraud control or purchase restriction measures Mobil has expressly agreed in writing to undertake for Company.

Disclaimers and Limitations. 21.1. Mobil is not liable for any loss sustained by any party resulting from any act, omission or failure to act by Mobil, whether with respect to the exercise or enforcement of its rights or remedies under this Agreement, or otherwise, unless the loss is caused by Mobil’s gross negligence or willful misconduct. Mobil’s liability under this Agreement shall be limited to actual damages incurred by Company as a direct result of XxxxxMobil’s gross xxxxx negligence or willful misconduct. In no event will either party be liable for incidental, special, consequential or punitive damages and, any right or claim to either is expressly and unconditionally waived. 21.2. Company acknowledges and agrees that Mobil is not liable to Company for any loss, liability or damages company suffers which result from, are related to, or in any way are connected with any fraud control or purchase restriction measures Mobil elects to implement from time to time, unless such loss, liability or damage is a direct result of Mobil’s gross negligence or willful misconduct in implementing fraud control or purchase restriction measures Mobil has expressly agreed in writing to undertake for Company.