Common use of Exclusion and Limitation of Liability Clause in Contracts

Exclusion and Limitation of Liability. 18.1. The Organizer will use its reasonable endeavors to ensure that services provided for the Event or Sponsorship are supplied. 18.2. The Organizer takes no responsibility for the acts or omissions of any supplier of products or services recommended by the Organizer to Event exhibitors (including without limitation the Company) or appointed by the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) or for inaccurate copy instructions. Organizer shall have no liability to the Company for any loss or damage it may suffer as a result of any act or omission of such suppliers. 18.3. The Organizer shall not in any event be liable to the Company for any loss or damage it may suffer as a result of omissions, misquotations or other errors by the Organizer, which may occur in any form of publication or other media. 18.4. The Organizer shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder. 18.5. Nothing in the Agreement excludes or limits either the Organizer’s or the Company’s liability for any liability that may not be excluded or limited by applicable law. 18.6. Subject to clause 18.5, save in the case of any indemnities and except as expressly provided in clause 16.2, neither Party shall be liable to the other Party for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damage. 18.7. Subject to clause 18.5 and save in the case of any indemnities, in no event shall the: (i) Organizer’s liability in aggregate under the Agreement exceed the amount actually paid to the Organizer pursuant to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form. 18.8. Except as expressly set forth in the Agreement, neither Party makes any additional warranties, express or implied, including in particular any warranties of merchantability and fitness for a particular purpose. 18.9. Each Party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.

Exclusion and Limitation of Liability. 18.1. The Although the Organizer will use its reasonable endeavors to ensure that services provided for the Event or Sponsorship are supplied, the supply of such services is not within the Organizer's control, and so it shall not be liable in any way to the Company for any loss or damage if any of such services shall wholly or partially fail or cease to be available. Nor shall the Company be entitled to any allowance in respect of sums paid or due under this Agreement. 18.2. The Organizer takes no responsibility for the acts or omissions of any supplier of products or services recommended by the Organizer to Event exhibitors (including without limitation the Company) or appointed by the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) or for inaccurate copy instructions. Organizer shall have no liability to the Company for any loss or damage it may suffer as a result of any act or omission of such suppliers. 18.3. The Organizer shall not in any event be liable to the Company for any loss or damage it may suffer as a result of omissions, misquotations or other errors by the Organizer, which may occur in any form of publication or other media. 18.4. The Organizer shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder. 18.5. Nothing Notwithstanding anything else contained in the Agreement excludes or limits either the Organizer’s or the Company’s liability for any liability that may not be excluded or limited by applicable law. 18.6. Subject to clause 18.5Agreement, save in the case of any indemnities and except as expressly provided in clause 16.2, neither Party party shall be liable to the other Party party for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the this Agreement or howsoever caused, whether or not the other Party party was advised of the possibility of such damage. 18.718.6. Subject Except in respect of injury to clause 18.5 and save in the case or death of any indemnitiesperson, in no event shall the: (i) the Organizer’s liability in aggregate under the this Agreement exceed the amount actually paid to the Organizer pursuant to the Order Form two hundred thousand pounds sterling (regardless of whether such monies are returned via a refund or damages payment£200,000); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form. 18.818.7. Except as expressly set forth in the this Agreement, neither Party party makes any additional warranties, express or implied, including INCLUDING in particular any warranties of merchantability and fitness for a particular purpose. 18.918.8. Each Party party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.

Exclusion and Limitation of Liability. 18.1. 20.1 Fluidvalves does not exclude or limit its liability (if any) to the Customer; 20.1.1 for death or personal injury resulting from Fluidvalves negligence; 20.1.2 for any matter for which it would be illegal for Fluidvalves to exclude or limit or to attempt to exclude or limit its liability; or 20.1.3 for fraud. 20.2 Other than any liability of Fluidvalves arising under clause 20.1, which shall not be limited, and without prejudice to the other provisions of this clause 20 (exclusion and limitation of liability), Fluidvalves aggregate liability under each contract will be limited to an amount equal to 100% of the original amount paid by the Customer to Fluidvalves under the contract. 20.3 Except as provided in clause 20.1, Fluidvalves will be under no liability to the Customer whatsoever in respect of: 20.3.1 pure economic loss, loss of profits, loss of business, loss of revenue, loss of contracts, loss of goodwill, loss of anticipated earnings or saving (whether direct, indirect, incidental or consequential): or 20.3.2 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 20.3.3 any special, indirect, punitive, incidental or consequential loss, in each case howsoever caused arising out of or in connection with: (a) any of the works, or the manufacture or sale or supply, or failure or delay in supply, of the works by Fluidvalves or on the part of Fluidvalves employees, agents or subcontractors; (b) any breach by Fluidvalves of any of the express or implied terms of the contract; (c) any use made by the Customer of any Work, or of any product incorporating any of the Products; or (d) any statement made or not made, or advice given or not given, by or on behalf of Fluidvalves. 20.4 Except as expressly laid out in the contract, Fluidvalves hereby exclude 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 favour of the Customer. 20.5 The Organizer Customer 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 the Customer will use its reasonable endeavors to ensure that services provided accept such risk and/or insure accordingly. 20.6 The Customer is solely responsible for the Event or Sponsorship are suppliedproper legal disposal of all materials purchased from Fluidvalves at the end-of-life cycle of such materials and the Customers sole responsibility to adhere with all relevant environmental legislation. 18.2. The Organizer 20.7 Fluidvalves takes no responsibility for the acts or omissions fitting of any supplier of products or services recommended by the Organizer Product and assumes the Customer possesses the correct skills and experience to Event exhibitors (including without limitation install and fit the Company) or appointed by Products when placing the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) or for inaccurate copy instructions. Organizer shall have no liability to the Company for any loss or damage it may suffer as a result of any act or omission of such suppliersorder. 18.3. The Organizer shall not in any event be liable 20.8 It is the Customers responsibility to maintain the Company for any loss or damage it may suffer as a result maintenance of omissions, misquotations or other errors by the Organizer, which may occur in any form of publication or other mediaall Products. 18.4. The Organizer shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder. 18.5. Nothing in the Agreement excludes or limits either the Organizer’s or the Company’s liability for any liability that may not be excluded or limited by applicable law. 18.6. Subject to clause 18.5, save in the case of any indemnities and except as expressly provided in clause 16.2, neither Party shall be liable to the other Party for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damage. 18.7. Subject to clause 18.5 and save in the case of any indemnities, in no event shall the: (i) Organizer’s liability in aggregate under the Agreement exceed the amount actually paid to the Organizer pursuant to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form. 18.8. Except as expressly set forth in the Agreement, neither Party makes any additional warranties, express or implied, including in particular any warranties of merchantability and fitness for a particular purpose. 18.9. Each Party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.

Exclusion and Limitation of Liability. 18.1. 17.1 The Organizer will use its reasonable endeavors Supplier excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to ensure the Services that services provided for are not expressly set out in these Terms to the Event or Sponsorship are suppliedmaximum extent permitted by law. 18.2. The Organizer takes no responsibility for 17.2 Without limiting the acts generality of clause 17.1, the Supplier expressly excludes any liability in contract, tort or omissions of any supplier of products or services recommended by the Organizer to Event exhibitors (including without limitation the Company) or appointed by the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) or for inaccurate copy instructions. Organizer shall have no liability to the Company otherwise for any loss injury, damage, Loss, delay or damage it may suffer as a result of inconvenience caused directly or indirectly by: (a) any act or omission of such suppliersthe Customer or its Personnel, including any delay caused by the Customer or its Personnel; (b) any problem caused by misuse, abuse, wear and tear or abnormal movement; and (c) any defect in, or problem caused by, materials or goods supplied by the Customer or its Personnel. 18.3. The Organizer shall not 17.3 Subject to the other terms of this clause, the Supplier’s total maximum aggregate liability to the Customer for any Loss or damage or injury arising out of or in connection with the supply of services under these Terms, including any breach by the Supplier of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by the Customer to the Supplier under these Terms in the 12- month period preceding the matter or event be giving rise to the claim. 17.4 Nothing in these Terms are intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of the Supplier in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services. 17.5 If the Supplier is liable to the Company Customer in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, or is otherwise liable for any loss matter that cannot be excluded, the Supplier’s total liability to the Customer for that failure is limited to, at the option of the Supplier the costs of the resupply of the relevant Services to which the liability relates or damage it may suffer as a result the payment of omissions, misquotations or other errors by the Organizer, which may occur in any form costs of publication or other mediaresupply of the relevant Services. 18.4. The Organizer shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder. 18.5. Nothing in the Agreement excludes or limits either the Organizer’s or the Company’s liability for any liability that may not be excluded or limited by applicable law. 18.6. Subject to clause 18.5, save in the case of any indemnities and except as expressly provided in clause 16.2, neither Party shall be liable 17.6 Without limitation to the other Party terms of these Terms, the Supplier excludes any liability to the Customer, whether in contract, tort (including negligence) or otherwise, for any incidental, consequentialspecial, indirect or special damages of any kind consequential Loss arising under or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damagein connection with these Terms. 18.7. Subject to clause 18.5 and save in the case of any indemnities, in no event shall the: (i) Organizer’s liability in aggregate under the Agreement exceed the amount actually paid to the Organizer pursuant to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form. 18.8. Except as expressly set forth in the Agreement, neither Party makes any additional warranties, express or implied, including in particular any warranties of merchantability and fitness for a particular purpose. 18.9. Each Party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.

Exclusion and Limitation of Liability. 18.1. The Organizer TIP will use its reasonable endeavors to ensure that services provided for the Event or Sponsorship are supplied. 18.2. The Organizer TIP takes no responsibility for the acts or omissions of any supplier of products or services recommended by the Organizer TIP to Event exhibitors (including without limitation the Company) Company or appointed by the Organizer TIP as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) Company or for inaccurate copy instructions. Organizer TIP shall have no liability to the Company for any loss or damage it may suffer as a result of any act or omission of such suppliers. 18.3. The Organizer TIP shall not in any event be liable to the Company for any loss or damage it may suffer as a result of omissions, misquotations or other errors by TIP or the Event Organizer, which may occur in any form of publication or other media. 18.4. The Organizer TIP shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer TIP of its rights hereunder. 18.5. Nothing in the Agreement excludes or limits either the OrganizerTIP’s or the Company’s liability for any liability that may not be excluded or limited by applicable law. 18.6. Subject to clause 18.5, save in the case of any indemnities and except as expressly provided in clause 16.2, neither Party shall be liable to the other Party for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damage. 18.7. Subject to clause 18.5 and save in the case of any indemnities, in no event shall theshall: (i) OrganizerTIP’s liability in aggregate under the Agreement exceed the amount actually paid to the Organizer TIP pursuant to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form. 18.8. Except as expressly set forth in the Agreement, neither Party makes any additional warranties, express or implied, including in particular any warranties of merchantability and fitness for a particular purpose. 18.9. Each Party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.

Exclusion and Limitation of Liability. 18.16.1. The Organizer will use Nothing in these Terms shall limit or exclude the liability of either Party in respect of death or personal injury resulting from its reasonable endeavors to ensure that services provided negligence or for the Event or Sponsorship are suppliedfraud. 18.26.2. The Organizer takes no responsibility Xxxxx acknowledges that electronic equipment may suffer breakdown or malfunction from time to time without fault and that consequences to Hirer of breach of this Agreement by PBH may be disproportionate to PBH 's Hire Charges. Therefore, Xxxxx agrees that PBH’s entire liability to the Hirer in respect of this Agreement and any breach or negligent act or omission (including liability for the acts or omissions of any supplier PBH 's employees, agents and sub-contractors) shall be limited as follows: 6.2.1. PBH 's total liability in respect of products or services recommended this Agreement shall not exceed the total Hire Charges payable by the Organizer to Event exhibitors (including without limitation the Company) or appointed by the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) or for inaccurate copy instructions. Organizer shall have no liability to the Company for any loss or damage it may suffer as a result of any act or omission of such suppliers. 18.3. The Organizer shall not in any event be liable to the Company for any loss or damage it may suffer as a result of omissions, misquotations or other errors by the Organizer, which may occur in any form of publication or other media. 18.4. The Organizer shall have no liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder. 18.5. Nothing in the Agreement excludes or limits either the Organizer’s or the Company’s liability for any liability Hirer except that may not be excluded or limited by applicable law. 18.6. Subject to clause 18.5, save in the case of any indemnities and except as expressly provided in clause 16.2recorded material, neither Party PBH's liability shall be liable limited to the other Party for any incidental, consequential, indirect or special damages cost of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damage. 18.7. Subject to clause 18.5 replacing blank media only and save in the case of any indemnitiesloss of or damage to physical property caused by PBH’s negligence, PBH's liability shall be limited to £1,000,000. 6.2.2. except as provided in no event shall the: (i) Organizer’s liability in aggregate under these terms, all conditions, warranties and representations concerning the Agreement exceed the amount actually paid Equipment, their state, quality, description, fitness for purpose or otherwise are excluded to the Organizer pursuant fullest extent permitted by law; 6.3. Hirer shall give PBH reasonable details in writing of any claim against PBH without delay and no later than 30 days from occurrence of the matter giving rise to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form.claim; 18.86.4. Except as this Agreement may otherwise expressly set forth in the Agreementprovide, neither Party makes will be liable, in contract, tort (including negligence) or for breach of statutory duty or pursuant to any additional warrantiesindemnity or in any other way for any indirect or consequential losses or, express whether arising directly or impliedindirectly, including in particular for any warranties loss of merchantability and fitness for a particular purposeprofits, loss of information, data or media content, loss of business, loss of goodwill or damage to reputation or anticipated savings. 18.96.5. Each Party acknowledges that the exclusions and limitations If so requested by Xxxxx, PBH may consider accepting higher limits of liability hereunder are part subject to payment by Xxxxx of the consideration for the level of fees chargedan additional charge.

Exclusion and Limitation of Liability. 18.1. The Organizer will use its reasonable endeavors to ensure that services provided for 15.1 Condition 4, Condition 14 and this Condition 15.1, together with Conditions 15.2, 15.3, 15.4 set(s) out the Event or Sponsorship are supplied. 18.2. The Organizer takes no responsibility entire liability of PANOPTECH (including any liability for the acts or omissions of its sub-contractors and any supplier member of products its Group) in respect of any breach of these Conditions or services recommended the Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement. 15.2 Nothing in these Conditions will exclude or limit PANOPTECH’s liability for death or personal injury caused by the Organizer to Event exhibitors (including without limitation the Company) or appointed by the Organizer as suppliers (exclusive or otherwise) to the Event exhibitors (including without limitation the Company) PANOPTECH’s negligence or for inaccurate copy instructions. Organizer shall have no liability to the Company fraudulent misrepresentation. 15.3 PANOPTECH will not be liable for any economic loss of whatever nature (whether or not such loss or damage it may suffer was foreseen, direct, foreseeable, known or otherwise), including loss of anticipated profits, loss of actual profits (direct or indirect), loss of anticipated savings, loss of business, or for any indirect, special or consequential loss or damage howsoever caused or any losses arising as a result of any act or omission third party bringing a claim in respect of such suppliersany nature whatsoever. 18.3. The Organizer shall not 15.4 Notwithstanding Conditions 15.1 - 15.4 above the total aggregate liability of PANOPTECH arising out of, or in connection with this Agreement whether for negligence or breach of contract or any case whatsoever will in no event be liable to exceed: (a) Where the Company Agreement has been in place for any loss or damage it may suffer as a result more than 12 months, 100% of omissions, misquotations or other errors the sums paid by the OrganizerCustomer in the preceding 12 months of the Agreement; (b) Where the Agreement has been in place for less than 12 months, which may occur but the total Term is more than 12 months, 100% of the sums paid or payable by the Customer in any form the first 12 months of publication the Agreement; or (c) Where the Term is equal to or other medialess than 12 months, 100% of the sums paid or payable by the Customer during the Term. 18.4. 15.5 The Organizer shall have no Charges for the Goods and/or Services has been calculated on the basis that PANOPTECH will exclude or limit its liability for any loss or damage suffered by the Company as a result of the exercise by the Organizer of its rights hereunder. 18.5. Nothing set out in the Agreement excludes and the Customer by placing an order agrees and warrants that the Customer will insure against or limits either the Organizer’s or the Company’s liability bear itself any loss for any liability that may not be which PANOPTECH has excluded or limited by applicable law. 18.6. Subject to clause 18.5, save its liability in the case of any indemnities Agreement and except as expressly provided in clause 16.2, neither Party shall be liable PANOPTECH will have no further liability to the other Party for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of the Agreement or howsoever caused, whether or not the other Party was advised of the possibility of such damageCustomer. 18.7. Subject to clause 18.5 and save in the case of any indemnities, in no event shall the: (i) Organizer’s liability in aggregate under the Agreement exceed the amount actually paid to the Organizer pursuant to the Order Form (regardless of whether such monies are returned via a refund or damages payment); and (ii) Company’s liability in aggregate under the Agreement exceed an amount equivalent to the fees paid and payable under the Order Form. 18.8. Except as expressly set forth in the Agreement, neither Party makes any additional warranties, express or implied, including in particular any warranties of merchantability and fitness for a particular purpose. 18.9. Each Party acknowledges that the exclusions and limitations of liability hereunder are part of the consideration for the level of fees charged.