Exclusion from Liability. 22.1 The Bank is not liable for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the Accountholder whether during or after the term of this Agreement. For the purposes of this Agreement, indirect or consequential loss or damage includes, without limitation, loss of revenues, profits, anticipated savings or business, loss of data or goodwill, claims of third parties whether due to forgery or otherwise and all other associated and incidental costs and expenses. However, this does not limit any other clauses on exclusion of liability.
22.2 The Bank is not liable for any diminution in the value of any amount deposited in the Account due to taxes or depreciation or for the unavailability of any amounts in the currency of such deposit on maturity due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, strikes or other causes beyond the Bank’s control.
22.3 If the country of issuance of any currency restricts availability, credit or transfers of any amounts in such currency, the Bank will have no obligation to pay to the Accountholder any funds in such currency from the Account, whether by way of draft or cash, in the relevant currency or any other currency.
22.4 The Bank shall not be liable for any failure to provide any service or to perform any obligations or for any loss, damage, liability, costs, claims, demands or expenses of any kind howsoever caused or in any way whatsoever and whether such loss, damage, liability, costs, claims, demands or expenses are attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever including, but not limited to, any calamity or condition, act of God, electrical or communication disruption, industrial action, exercise of governmental or military powers, wars, strikes, any error caused by machine or hardware malfunctions or manufacturer’s operating software defects, any failure, disruption or breakdown of any equipment, computer, machine, data processing system or transmission link or the cards or ATM, the withdrawal of ATM services in other countries (which services will be governed by local regulations), the temporary insufficiency of funds in such machines, action of a government or governmental agency, change of law or regulation (or change in the interpretation of law or regulation), or anything outside the control of the Bank, its...
Exclusion from Liability. In realizing upon the Collateral, Holdco shall not be responsible for any loss occasioned by any sale or other realization thereof or for the failure to sell or otherwise dispose of the Collateral, except claims, losses or liabilities resulting from Holdco’s bad faith, negligence or wilful misconduct.
Exclusion from Liability. The parties agree that the Institute for Christian Conciliation, the Administrator, and the conciliators shall be immune from any liability for any acts or omissions that occur during the conciliation process.
Exclusion from Liability. Contractor shall have no liability or obligation under this Section
Exclusion from Liability. In realizing upon the Collateral, the Pledgee shall not be responsible for any loss occasioned by any sale or other realization thereof or for the failure to sell or otherwise dispose of the Collateral, and the Pledgee shall not be bound to protect the Collateral from depreciating in value.
Exclusion from Liability. Notwithstanding anything else to the contrary in this Agreement, and in addition to any other limitations and exclusions set forth in this Agreement, Sellers shall not indemnify or hold harmless any Buyer Indemnified Party, and no Buyer Indemnified Party shall seek reimbursement or indemnity from Sellers for any Losses, unless written demand for reimbursement of such Losses is made no later than the date that is eighteen (18) months following the Closing Date, except that such time limitation shall not apply to the extent a Buyer Indemnified Party seeks reimbursement or indemnification for Losses resulting from (i) breaches of, or any inaccuracies in, any representations and warranties set forth in (A) Section 4.14 (Intellectual Property and Technology), Section 4.16 (Employee Benefit Plans) or Section 4.20(c), (d) and (f) (Labor Matters), in which case written demand for reimbursement or indemnification must be made within three (3) years from the Closing Date, (B) Section 4.1 (Organization of the Company), Section 4.2 (Capital Stock), Section 4.3 (Authorization), Section 4.4 (Subsidiaries) or Section 4.13 (No Brokers), in which case written demand for reimbursement or indemnification may be made at any time after Closing, and (C) Section 4.15 (Taxes), or the obligations and covenants set forth in Section 11.2(a), in which each such case written demand for reimbursement or indemnification must be made within the time period set forth in Section 11.2(e), or (ii) Losses resulting from the failure to perform or comply with the obligations and covenants of a Seller and the Company in this Agreement. The representations and warranties of the Company and Sellers herein shall survive the Closing until the date that is eighteen (18) months following the Closing Date or, if applicable, the time periods set forth in clause (i) of the preceding sentence. Any such written demand must be delivered within the applicable time period set forth in this Section 10.1(c) and must (x) reasonably describe the Losses (to the extent known) that the Buyer Indemnified Party has determined in good faith have begun to accrue but in respect of which the total liability has not yet been fixed or (y) contain a notice from a third party of a claim that will cause actual Losses to accrue after such applicable survival period, including pending curtailments, lawsuits or government investigations, in which case the applicable survival period will be extended in order to cover the finally d...
Exclusion from Liability. 4.1 Carrier shall not be liable for any loss, damage or delay in delivery of any shipment or portion thereof caused by:
(a) Acts of God, public enemies, public authorities acting with actual or apparent authority, perils of the air, authority of law, quarantine, riots, strikes, civil commotion or hazards, or dangers incident to a state of war.
(b) Acts or omissions of Shipper or Consignee.
(c) The nature of the Shipment, or any defect, characteristic or inherent vice thereof.
(d) Violation of any of the provisions contained in these Conditions of Contract by Xxxxxxx, Consignee, or any party claiming an interest in the Shipment, including, but not limited to, improper or insufficient packing, securing, marking, or addressing.
(e) Acts or omissions by warehousemen, customs, or quarantine officials, or persons other than the Carrier gaining lawful or unlawful possession of the Shipment.
Exclusion from Liability. Under no circumstances shall Sublessee be liable for, and Sublessor shall indemnify, defend and hold harmless Sublessee and Sublessee's Agents from and against, all costs and expenses (including attorneys' and consultants' fees) related to or in connection with (i) the investigation, reporting, removal and remediation of any Hazardous Material on or about the Sublease Premises, or (ii) the violation of any Hazardous Material Law, except to the extent that any of the foregoing results from a Hazardous Material Use or a Hazardous Material Release by Sublessee or Sublessee's Agents.
Exclusion from Liability. The NFC system may be affected by factors outside of Ticketpro’s or the Promoter’s control, such as, but not limited to, system downtime or failure. You understand and agree that Ticketpro cannot and will not be liable for any direct, indirect or incidental, special, consequential or exemplary damages, including but not limited to damage for loss or profits, goodwill, use, data or other intangible losses resulting from:
Exclusion from Liability. Notwithstanding anything herein to the contrary, Licensors obligation to pay costs of defense, Damages or amounts payable upon settlement, compromise, consent to judgment or other voluntary disposition shall not apply to any claim, action, suit or demand to the extent based upon (i) the combined use of Licensed Technology with any software, apparatus or other technology not provided by or on behalf of Licensors, (ii) modifications to the Licensed Technology (other than modifications made by or on behalf of Licensors), (iii) use of the Licensed Technology not in accordance with its intended use specified by Licensors, or (iv) any unmodified portion of the Developed Technology itself.
