Exclusion of Certain Liabilities. We are not liable to the Sponsor or any Relevant Person, for loss of profit loss of savings, loss of savings, loss of opportunity, damage to reputation and/or indirect and consequential loss
Exclusion of Certain Liabilities. 8.1 You acknowledge and agree that you bear non-exclusive responsibility for the work our Candidates perform for you You acknowledge and agree that you bear non-exclusive responsibility for the work that our Candidates perform under your control, supervision and direction.
Exclusion of Certain Liabilities. Notwithstanding the foregoing, AppDirect shall have no liability whatsoever with regard to any claims that arise out of an action, omission or fault of Company, a Customer or an End User.
Exclusion of Certain Liabilities. UNDER NO CIRCUMSTANCES SHALL GLAA, THE GLAA SERVICE PARTNERS OR THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, INDEPENDENT CONTRACTORS OR SUPPLIERS (THE "GLAA PARTIES") HAVE ANY LIABILITY TO DEALER FOR ANY CONSEQUENTIAL (INCLUDING LOST PROFITS), EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS RESULTING FROM ANY CLAIM (WHETHER IN CONTRACT, TORT, EQUITY, NEGLIGENCE OR STRICT LIABILITY) RELATED TO OR ARISING OUT OF THE GLAA PLATFORM, ANY RELATED SERVICES, THESE TERMS, INCLUDING THE PERFORMANCE OR BREACH THEREOF OR THE USE OR INABILITY TO USE, OR PERFORMANCE OR NONPERFORMANCE OF THE GLAA PLATFORM OR ANY COMPONENT THEREOF, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Certain Liabilities. UNDER NO CIRCUMSTANCES SHALL TRADEREV, THE TRADEREV PARTNERS OR THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, INDEPENDENT CONTRACTORS, OR SUPPLIERS (THE "TRADEREV PARTIES") HAVE ANY LIABILITY TO CUSTOMER OR AUTHORIZED USERS FOR ANY DIRECT, CONSEQUENTIAL (INCLUDING LOST PROFITS), EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS RESULTING FROM ANY CLAIM (WHETHER IN CONTRACT, TORT, EQUITY, NEGLIGENCE, OR STRICT LIABILITY) RELATED TO OR ARISING OUT OF THE TRADEREV SYSTEM, ANY RELATED SERVICES, THESE TERMS AND CONDITIONS, INCLUDING THE PERFORMANCE OR BREACH THEREOF OR THE USE OR INABILITY TO USE, OR PERFORMANCE OR NON‐PERFORMANCE OF THE TRADEREV SYSTEM OR ANY COMPONENT THEREOF, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 58. LIMITATIONS OF LIABILITY a) WITHOUT LIMITING SECTIONS 56 AND 57 ABOVE, THE LIABILITY OF ANY TRADEREV PARTIES FOR ANY BREACH(ES) OF THIS AGREEMENT SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY CUSTOMER AS A RESULT OF SUCH BREACH(ES), AND ITS AGGREGATE LIABILITY FOR SUCH ACTUAL DAMAGES SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE FEES PAID BY CUSTOMER TO TRADEREV OR THE APPLICABLE TRADEREV PARTNER IN RESPECT OF THE TRANSACTION OR SERVICE OR $500, WHICHEVER IS LESS. MULTIPLE CLAIMS SHALL NOT EXPAND THESE LIMITATIONS.
Exclusion of Certain Liabilities. Notwithstanding anything contained in this Agreement to the contrary, the Assumed Liabilities shall not include, and, from and after the Asset Closing, Seller and its Affiliates shall retain, all Liabilities other than the Assumed Liabilities (the “Excluded Liabilities”), including:
Exclusion of Certain Liabilities. Notwithstanding the other provisions of this Agreement, any and all the following product liabilities shall be assumed by Camtek and other the PCB Business Assets Sellers, and not by any of Buyers, CIT or CTL: liabilities for personal injury and/or death and/or damage to other properties suffered by any buyer, user or bystander, which is caused by any defect in products and/or equipment manufactured or sold by Camtek, CIT, CTL or Camtek’s any other Subsidiaries on or before the Closing Date.
Exclusion of Certain Liabilities. Where the Authorized User has been unable to complete a transaction for whatever reason, including the refusal by ING Towing to allow purchases to be made by using the credit facility by ING Towing, ING Towing shall not be liable for any losses or costs incurred by the Customer.
Exclusion of Certain Liabilities. EXCEPT WITH RESPECT TO CLAIMS ARISING FROM (A) A PARTY’S INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR BREACH OF SECTIONS 4.1(B) (FIRST SENTENCE), 4.1(C), 4.1(D) OR 5 OF WORK ORDER #1 (PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY) OR 9.7 (NDA AND CONFIDENTIALITY OBLIGATIONS), 9.8 (MARKS), OR 9.9 (BRANDING AND LABELING), (B) SECTION 14 (INDEMNIFICATION), OR (C) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF A PARTY HAS NOTICE THAT THOSE KINDS OF LIABILITY OR DAMAGES MAY OCCUR OR WERE FORESEEABLE AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTORY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Exclusion of Certain Liabilities. Except for the Assumed Liabilities, Newco does not assume or agree to pay, perform or discharge, and shall not be responsible for, and the Assumed Liabilities do not include, any other liabilities or obligations of Seller of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, liabilities or obligations based on, arising out of or in connection with:
