Exceptions to Limitation of Liability. The exclusions and limitations of section 10.1 above do not apply to:
i. Acts of gross negligence or willful misconduct, including misappropriation by Customer of QIVOS’ intellectual property; or
ii. Any breach of Customer’s undisputed payment obligations
Exceptions to Limitation of Liability. Section 12.5.1 limitations will not apply to damages resulting from: (a) a Party’s willful misconduct or gross negligence; (b) indemnification claims under this Agreement; (c) a Party’s breach of its Agreement confidentiality obligation or (d) Supplier’s wrongful termination of this Agreement or the abandonment of its Agreement obligations.
Exceptions to Limitation of Liability. Notwithstanding any other provision of this Agreement, neither Party’s liability under or in connection with this Agreement shall be excluded or reduced for death or personal injury arising from its negligence or breach of duty or any other liability that cannot be excluded at law.
Exceptions to Limitation of Liability. Nothing in the Agreement shall exclude or in any way limit any person's liability to you for (i) fraud, (ii) death or personal injury caused by its negligence, (iii) gross negligence or (iv) any liability that may not be excluded or limited pursuant to any law or regulation.
Exceptions to Limitation of Liability. Nothing in this Agreement shall or shall be construed to exclude or limit either Party’s liability for: • fraud or fraudulent misrepresentation; • death or personal injury caused by its negligence or • any other liability that cannot be excluded or limited by Law.
Exceptions to Limitation of Liability. Nothing in Clause 12 of the General Terms of Use Schedule or otherwise in the Agreement shall exclude or in any way limit any person's liability to you for (i) fraud, (ii) death or personal injury caused by its negligence (including negligence as defined in s. 1 Unfair Contract Terms Act 1977), (iii) breach of terms regarding title implied by s. 12 Sale of Goods Xxx 0000 and/or s. 2 Supply of Goods and Services Xxx 0000, (iv) gross negligence or (iv) any liability to the extent the same may not be excluded or limited as a matter of law or regulation, including, but not limited to, certain provisions of the Payment Services Regulations 2017 that are not expressly disapplied by the Agreement.
Exceptions to Limitation of Liability. Notwithstanding Sections 13.2 and 13.3, no limitation on liability or exclusion of damages shall apply with respect to any claims based on: (a) failure of COMMONWEALTH to pay fees and charges when due, (b) Article 14 (Confidentiality) of this Agreement, (c) a Party's bad faith or willful misconduct, or (d) any Claim properly asserted pursuant to Article 12 (Indemnification) of this Agreement.
Exceptions to Limitation of Liability. 48 EXHIBITS AND SCHEDULES DOCUMENT DESCRIPTION Exhibit 4.1 SERVICES: Section I: Customer Services Section II: Technology Services Marketing Support Services Exhibit 4.1.1 Service Performance Standards Exhibit 4.2 Application Development Services Exhibit 4.2.1 Amendment for Additional Services Exhibit 4.2.2 Project Change Request Procedures Exhibit 4.3 Service Centers Exhibit 4.4 Security Procedures Exhibit 5.7 Employees Authorized to Draw on Premium Account Exhibit 5.8 Employees Authorized to Draw on Claims Account Exhibit 5.20 Audit Rights Undertaking Exhibit 9.1 Data Back Up Procedures Exhibit 10.1 Business Resumption Plan Exhibit 11.1 Services Fees Schedule A Customers Schedule B Customer Software Schedule C Knowledge of Customer Schedule D Policies Schedule E TPA Software Schedule F Compliance with Law Schedule INSURANCE ADMINISTRATIVE SERVICES AGREEMENT This INSURANCE ADMINISTRATIVE SERVICES AGREEMENT (the "Agreement") is made as of the 31st day of December, 2004 (the "Effective Date") by and among LIBERTY LIFE INSURANCE COMPANY, a South Carolina domiciled insurer with its principal offices located at 2000 Wade Hampton Bxxxxxxxx, Xxxxxxxxxx, South Carolina 29615 ("Liberty") and its affiliates identified on Schedule A attached hereto (each of Liberty and such Affiliates, a "Customer" and collectively, "Customers"), and LIBERTY INSURANCE SERVICES CORPORATION, a South Carolina corporation with offices located at 2000 Wade Hampton Bxxxxxxxx, Xxxxxxxxxx, South Carolina 29615 ("TPA").
Exceptions to Limitation of Liability. Section 19.1 shall not apply to any of the Parties to the extent that any liability under this Agreement resulted from (1) a Party's failure to pay amounts owed for Services rendered in accordance with this Agreement or any applicable Termination Charges or (2) a breach of Article 13 herein. In addition, nothing in this Article 19 will be construed as limiting a Party's obligations of indemnification under Article 17, which will instead be subject to the limitations set forth therein. [Next page is a signature page.]
Exceptions to Limitation of Liability. The limitations of liability in Subsection 11(a) do not apply: (i) to Devolutions’ indemnification obligation set forth in Subsection 9(a), and (ii) in cases of gross negligence or intentional misconduct.
