Exclusion and Limitation Sample Clauses

Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. 8.2 DCI gives no warranty, express or implied, in relation to any Goods supplied to the Customer other than relating to the title of the Goods supplied. 8.3 DCI shall not be liable for any loss or damage suffered by the Customer or the Cardholder in connection with any Goods save to the extent that such liability cannot by law be limited or excluded. 8.4 DCI shall not be liable for any failure of a Retailer to process Cards or for any refusal by a Retailer to accept Cards. The sale of Goods by Retailers takes place under the exclusive responsibility of such Retailer and the Customer must lodge any claim relating to the sale of Goods directly with such Retailer. 8.5 Subject to clause 8.10, DCI's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise (and including claims relating to Goods purchased with a Card), in any 12 month period shall in no circumstances exceed a total aggregate amount equal to the price of all Goods paid by the Customer to DCI pursuant to clause 5.1 in that 12 month period less the price paid for all such Goods by DCI to any third party including any Retailer in that 12 month period. 8.6 DCI is not liable for any loss of profits, loss of revenue or loss of opportunity or any consequential or indirect loss or damages incurred by the Customer or Cardholder as a result of a claim. 8.7 Claims by the Customer or Cardholder are waived unless made by registered letter within thirty (30) calendar days from the date of the event triggering the claim. 8.8 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless in respect of any losses that are caused by or result from the negligence or wilful acts or omissions of the Customer or its Cardholders. 8.9 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless against all liability, including employer’s liability, in respect of any damage to the property of DCI or the Customer or the death or personal injury of their respective employees or agents arising out of or consequent upon the use of the Card, the S...
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Exclusion and Limitation. UNDER NO CIRCUMSTANCES SHALL ADC OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CUSTOMER'S CLAIMS OR THOSE OF ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY WHICH ADC OR ITS LICENSORS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC ITEM THAT DIRECTLY CAUSED THE DAMAGE. THIS SECTION SHALL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATION.
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Exclusion and Limitation. 1. The Seller shall not be liable to the Buyer for indirect or consequential loss (including loss of profits) sustained by the Buyer following breach of contract by the Seller except in case of wilful misconduct by Seller itself. 2. In all cases in which the Seller is obliged to pay damages, these will never be higher than (except in case of gross negligence or wilful misconduct of Seller itself, in which case this limitation shall not be applicable), at the Sellers option, either the invoice value of the good or product delivered whereby or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of the Seller, the amount that is actually paid out by the insurer with respect thereto. 3. Each claim against the Seller, except those acknowledged by the Seller, shall lapse on account of the mere expiration of a period of six (6) months after the claim arose. 4. Where Goods are supplied with a ‘best before’ or ‘sell by’ date, the Seller shall have no liability for any Goods sold after such ‘best before’ or ‘sell by’ date. 5. The Seller shall not be liable for any delay, loss or damage whatsoever arising out of Acts of God, Government Orders, strike, lock outs or other industrial disputes, inability to secure labour, materials or supplies at commercial rates, accidents, delayed delivery or inability to deliver by third parties (such as suppliers) of orders placed by Seller, plant breakdown, wars, civil commotion or any other circumstances (whether the foregoing class or not) beyond the control of the Seller and all contracts are subject to cancellation by the Seller or variation as may be necessary due to force majeure. 6. Buyer indemnifies Seller for any claims from third parties resulting from or arising in connection with Seller carrying out its obligations under an agreement with Buyer.
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Exclusion and Limitation. Notwithstanding anything to the contrary herein, the performance standards described in this Schedule “A” shall not apply to defects, Incidents, non-standard ERP configurations, unavailability of Subscription Services, incapacity to use Subscription Services as planned or other situations which do result, in whole or in part, from Client or Authorized Users or Third Party negligent acts or faults or omissions (the “Excluded Events”). Should the Parties fail to agree on the cause of the Incident or unavailability of Subscription Services, and more precisely, should they fail to agree as to whether the remedial actions fall within the specifications imposed upon Nakisa, they shall rapidly agree on the terms and conditions of a Subscription Services Agreement, including the applicable fees that would have to be paid by Client should the case be determined as falling in Excluded Events category, and settle any dispute after the remedial measures will have been taken. Except as expressly provided in the Agreement, neither Nakisa nor its subcontractors make any representation or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement or results to be derived from the use of or integration with any products or services provided under the Agreement, or that the operation of any products or services will be secure, uninterrupted or error free. Client agrees that it is not relying on delivery of future functionality, public comments or advertising of Nakisa or product roadmaps in obtaining subscriptions for any Subscription Services. Legal Name of Corporation Address
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Exclusion and Limitation. Notwithstanding anything to the contrary herein, the performance standards described in this Schedule “A” shall not apply to defects, Incidents, non-standard ERP configurations, unavailability of Subscription Services, incapacity to use Subscription Services as planned or other situations which do result, in whole or in part, from Client or Authorized Users or Third Party negligent acts or faults or omissions (the “Excluded Events”). Should the Parties fail to agree on the cause of the Incident or unavailability of Subscription Services, and more precisely, should they fail to agree as to whether the remedial actions fall within the specifications imposed upon Nakisa, they shall rapidly agree on the terms and conditions of a Subscription Services Agreement, including the applicable fees that would have to be paid by Client should the case be determined as falling in Excluded Events category, and settle any dispute after the remedial measures will have been taken. Except as expressly provided in the Agreement, neither Nakisa nor its subcontractors make any representation or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement or results to be derived from the use of or integration with any products or services provided under the Agreement, or that the operation of any products or services will be secure, uninterrupted or error free. Client agrees that it is not relying on delivery of future functionality, public comments or advertising of Nakisa or product roadmaps in obtaining subscriptions for any Subscription Services. Nakisa Lease Administration Engine (“NLAE”) $XX/Engine $XX X Standard Users $XX/Standard User/year $XX Financial Analysis Module $XX or N/A $XX or N/A API # Additional Environment Included $XX/environment Included $XX Subtotal – Annual Service Fees $XX One-Time Discount $XX The products, prices, quantities and discounts quoted herein are considered bundled pricing and an individual component cannot be considered separately. Any changes to products or quantities may result in a price adjustment. Also, any discounts herein are offered on a one-time basis and shall not apply to any additional purposes. Standard Users are front-end users that have access to any of the out-of-the-box roles in the table below. In addition to front-end view only access, Standard Users will have access to the approval workf...
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Exclusion and Limitation. 10.1 The Publisher hereby confirms that it is not entering into this Agreement in reliance on any warranty or representation given by Onvoir, except as expressly set out herein. 10.2 The Publisher acknowledges that Onvoir makes no warranties of any kind for interruption in service for the Onvoir websites, Context Stream and Onvoir search facilities for the Media Listings and except as expressly set out in these Terms and Conditions, all warranties representations, and conditions express or implied, statutory or otherwise are hereby expressly excluded by Onvoir to the fullest extent permitted by law. 10.3 Nothing in clause 10.2 shall exclude liability for fraudulent misrepresentation. 10.4 The Publisher’s entitlement to receive Publisher Commission in respect of any particular month is conditional upon the Publisher rendering a correct and valid invoice to Onvoir within six months of the end of that particular month. 10.5 Onvoir shall not be liable for, to the extent that they are beyond the reasonable control of Onvoir, acts or omissions of telecommunications operators or internet service providers or as a result of internet congestions
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Exclusion and Limitation. Said conveyance limited to a depth of one hundred feet (100’) below the deepest producing perforation in the well or xxxxx drilled hereunder. Notwithstanding anything in this agreement to the contrary, it is expressly understood and agreed that this agreement shall not cover, and we shall not be deemed to have conveyed, or have any obligation to convey (i) any well located within the Farmout Area that is producing or capable of producing oil and/or gas, including all personal property associated with, or used in connection with any such well, including, but not limited to, casing, tubing, surface equipment, tanks, pipelines, compressors and all other associated personal property, (ii) any rights to production from any such well, and (iii) any interest in the Leases to which production from any such well is attributed. The above acreage number is recited for descriptive purposes only. We have not conducted a survey or a title examination and in no way warrant the number of acres shown, nor our title to the Leases. This farmout is intended to commit only the rights as specifically described in this agreement, and it is understood that we do not commit any properties, rights, installations, plants or appurtenances of any nature except as expressly set forth in this agreement. It is expressly understood and agreed that you shall tender, as additional consideration, to the attention of Xx. Xxxxx Xxxxxx, Land Technician/Accounting, Exxon Mobil Corporation, X.X. Xxx 0000, Xxxxxxx, Xxxxx 00000-0000, a cash payment of $30,000 on or before 10 days from the date on the first page of this agreement. Your failure to timely and properly tender such payment, shall, at our option, render this agreement null and void. It is understood and agreed that this additional consideration shall not be refundable for any reason, including, but not limited to the failure of title as to any interest conveyed under or covered by this agreement. This agreement is subject to the following numbered paragraphs (sometimes referred to as provisions) which shall govern and determine the rights and obligations of the parties and the conduct of your operations, including without [imitation, as to all xxxxx drilled hereunder, the interests which may be earned by such xxxxx, and any subsequent well or xxxxx which may be drilled under the terms of this agreement or which may be drilled on the Farmout Area after a conveyance (either an assignment of leases, a lease of mineral fee, or both) has been...
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Exclusion and Limitation. 1. Unless the Buyer deals as a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977 then all warranties, terms or conditions which provide that the Goods will match any particular description, fitness for purpose or quality, whether implied by common law or statute shall be excluded from this contract. 2. The Seller shall be under no liability to the Buyer for indirect or consequential loss (including loss of profits and loss of goodwill) sustained by the Buyer following breach of this contract by the Seller 3. In any event, the Seller’s liability to the Buyer arising out of any breach by the Seller of this contract shall be limited to damages and such damages shall under no circumstances exceed the Price. 4. Should the Buyer instruct the Seller to provide Specified Service when the Buyer does not have the necessary authority to issue such instructions or a third party challenges the authority of the Buyer to issue such instructions then the Buyer shall fully indemnify the Seller against all liabilities damages and costs that arise in such circumstances. H PAYMENT 1. Payment for the Goods is due on delivery of the Goods or on completion of the installation, payment is to be made by either cash or cheque or debit card or BACS. If an invoice has been left with the Buyer then payment can be given to the Seller’s installation engineer prior to the engineer’s departure from the Buyer’s site. If the Buyer is an account customer then payment is due 30 days after delivery of the Goods or on completion of the installation. 2. The time for payment of the Goods and/or Specific Service shall be of the essence. 3. In the event that the Buyer fails to make payment in accordance with clauses 1 and 2 the Buyer shall pay interest on and any all sums outstanding at the rate of 5% per annum above the Bank of England’s base rate, accruing daily. 4. Further, if payment for the Goods and/or Specified Service or any part thereof is not made by the due date then without prejudice to the foregoing, the Seller shall also be entitled to: i) require payment in advance of delivery in relation to any Goods not previously delivered; ii) refuse to make delivery of any undelivered Goods whether ordered under the Contract or not and without incurring any liability whatever to the Buyer for non delivery or any delay in delivery; iii) terminate the Contract; iv) retain any deposit paid by the Buyer. 5. The Buyer shall not be entitled to make any deductions or withh...
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Exclusion and Limitation. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE PARTIES AGREE AND ACKNOWLEDGE THAT SWARM64’S AGGREGATE LIABILITY TO LICENSEE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED $500 (OR, IF GREATER, THE ACTUAL FEES PAID BY LICENSEE FOR THE SOFTWARE), AND IN NO EVENT WILL SWARM64 BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF BUSINESS OR REVENUE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT FORESEEABLE.
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Related to Exclusion and Limitation

  • Exclusion and Limitation of Liability 10.1 SUPPLIER DOES NOT EXCLUDE OR LIMIT ITS LIABILITY (IF ANY) TO BUYER FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR SUPPLIER TO EXCLUDE OR LIMIT OR TO ATTEMPT TO EXCLUDE OR LIMIT ITS LIABILITY. 10.2 OTHER THAN ANY LIABILITY OF SUPPLIER ARISING UNDER CLAUSE 10.1, WHICH SHALL NOT BE LIMITED, AND WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THIS CLAUSE 10 (EXCLUSION AND LIMITATION OF LIABILITY), SUPPLIER'S AGGREGATE LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) UNDER EACH CONTRACT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF 115% OF THE AMOUNT PAID BY BUYER TO SUPPLIER UNDER THAT CONTRACT OR $10,000.00. 10.3 EXCEPT AS PROVIDED IN CLAUSE 10.1, SUPPLIER WILL BE UNDER NO LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) TO BUYER WHATSOEVER IN RESPECT OF 10.3.1 ANY CLAIM ARISING OUT OF AN EVENTWHICH IS CAUSED, OR CONTRIBUTED TO, BY THE GOODS AND SUCH EVENT OCCURS AFTER THE COMMENCEMENT OF THE LAUNCH PROCEDURE OF THE VEHICLE CARRYING SUCH GOODS INTO SPACE; 10.3.2 PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF CONTRACTS, LOSS OF GOODWILL, LOSS OF ANTICIPATED EARNINGS OR SAVINGS (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR 10.3.3 LOSS OF USE OR VALUE OR DAMAGE OF ANY DATA OR EQUIPMENT (INCLUDING SOFTWARE), WASTED MANAGEMENT, OPERATION OR OTHER TIME (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR 10.3.4 ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS, IN EACH CASE HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH: 10.3.5 ANY OF THE WORKS, OR THE MANUFACTURE OR SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE WORKS BY SUPPLIER OR ON THE PART OF SUPPLIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORS; 10.3.6 ANY BREACH BY SUPPLIER OF ANY OF THE EXPRESS OR IMPLIED TERMS OF THE CONTRACT; 10.3.7 ANY USE MADE OR RESALE BY BUYER OF ANY OF THE WORKS, OR OF ANY PRODUCT INCORPORATING ANY OF THE WORKS; OR 10.3.8 ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF OF SUPPLIER. 10.4 EXCEPT AS EXPRESSLY SET OUT IN THE CONTRACT, SUPPLIER HEREBY EXCLUDES TO THE FULLEST EXTENT PERMISSIBLE IN LAW, ALL CONDITIONS, WARRANTIES AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THE CONTRACT) OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN FAVOR OF BUYER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10.5 EACH OF SUPPLIER’S EMPLOYEES, AGENTS AND SUBCONTRACTORS MAY RELY UPON AND ENFORCE THE EXCLUSIONS AND RESTRICTIONS OF LIABILITY IN THE CONTRACT IN THAT PERSON’S OWN NAME AND FOR THAT PERSON’S OWN BENEFIT, AS IF THE WORDS “ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS” FOLLOWED THE WORD SUPPLIER WHEREVER IT APPEARS IN THOSE CLAUSES SAVE FOR EACH REFERENCE IN CLAUSE10.3.5. 10.6 BUYER ACKNOWLEDGES THAT THE ABOVE PROVISIONS OF THIS CLAUSE 10 (EXCLUSION AND LIMITATION OF LIABILITY) ARE REASONABLE AND REFLECTED IN THE PRICE WHICH WOULD BE HIGHER WITHOUT THOSE PROVISIONS, AND BUYER WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY. 10.7 BUYER IS SOLELY RESPONSIBLE AND LIABLE FOR THE PROPER LEGAL DISPOSAL OF ALL MATERIALS PURCHASED FROM SUPPLIER AT THE END-OF- LIFE CYCLE OF SUCH MATERIALS.

  • Compensation and Limitation of Liability 14 Section 1.

  • Indemnification and Limitation of Liability (a) In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of FSSC and its trustees, officers, employees, agents and representatives, the Funds agree to indemnify FSSC and its trustees, officers, employees, agents and representatives against any and all claims, demands, liabilities and reasonable expenses (including attorneys’ fees), related to or otherwise connected with (i) any breach by the Funds of any provision of this Agreement; or (ii) any action by a Fund’s Shareholder against FSSC. (b) FSSC shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. In no event shall FSSC be liable for indirect or consequential damages. (c) Any person, even though also an officer, trustee, partner, employee or agent of FSSC, who may be or become an officer, employee or agent of any Fund or a member of a Fund's Board, shall be deemed, when rendering services to such Fund or acting on any business of such Fund (other than services or business in connection with the duties of FSSC hereunder) to be rendering such services to or acting solely for such Fund and not as an officer, trustee, partner, employee or agent or one under the control or direction of FSSC even though paid by FSSC. (d) FSSC is expressly put on notice of the limitation of liability as set forth in the Declaration of Trust of each Fund that is a Massachusetts business trust and agrees that the obligations assumed by each such Fund pursuant to this Agreement shall be limited in any case to such Fund and its assets and that FSSC shall not seek satisfaction of any such obligations from the Shareholders of such Fund, the Trustees, Officers, Employees or Agents of such Fund, or any of them. (e) The provisions of this Section shall survive the termination of this Agreement.

  • Disclaimer and Limitation of Liability PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

  • Warranty and Limitation of Liability PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

  • Indemnification and Limitation on Liability 1. Seller agrees to indemnify and hold harmless JPMS and its directors, officers, employees and affiliates from and against all claims, losses, damages and liabilities (including without limitation, any legal or other expenses reasonably incurred in connection with defending or investigating any such action or claim) arising out of or attributable to JPMS’s actions taken or not taken in compliance with this Sales Plan or arising out of or attributable to any breach by Seller of this Sales Plan (including Seller’s representations and warranties hereunder) or any violation by Seller of applicable laws or regulations. This indemnification shall survive termination of this Sales Plan. Notwithstanding the foregoing, Seller shall have no indemnification obligation to the extent any claims, losses, damages or liabilities are due to the gross negligence, recklessness or willful misconduct of JPMS or any other indemnified person. 2. Notwithstanding any other provision hereof, JPMS shall not be liable to Seller for: (a) special, indirect, punitive, exemplary or consequential damages, or incidental losses or damages of any kind, even if advised of the possibility of such losses or damages or if such losses or damages could have been reasonably foreseen; or (b) any failure to perform or to cease performance or any delay in performance that results from a cause or circumstance that is beyond its reasonable control, including but not limited to failure of electronic or mechanical equipment, strikes, failure of common carrier or utility systems, severe weather, market disruptions or other causes commonly known as “acts of God”.

  • Limited Warranty and Limitation of Liability Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

  • Disclaimers and Limitation of Liability EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

  • Compensation and Limitation of Liability of Trustees Compensation ------------ Section 1. The Trustees as such shall be entitled to reasonable ---------- compensation from the Trust; they may fix the amount of their compensation. Nothing herein shall in any way prevent the employment of any Trustee for advisory, management, legal, accounting, investment banking, underwriting, brokerage or other services and payment for the same by the Trust. Limitation of Liability ----------------------- Section 2. The Trustees shall not be responsible or liable in any event ---------- for any neglect or wrongdoing of any officer, agent, employee, adviser, sub- adviser, manager or principal underwriter of the Trust, nor shall any Trustee be responsible for the act or omission of any other Trustee, but nothing herein contained shall protect any Trustee against any liability to which he or she would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office. Every note, bond, contract, instrument, certificate, Share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his or her capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon.

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