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
8.2 We make no representations that our Candidates will achieve performance levels etc.
8.3 We exclude liability to you and require you to indemnify us for damage etc. caused by our Candidates (including by their negligence) except to the extent to which we have contributed to it. We limit our liability arising under applicable statutory consumer guarantees
a. Subject to sub-paragraphs (b) and (c), we will not be liable to you for, and you will indemnify us against, any liability for damage, loss or injury of whatsoever nature or kind, however caused by our Candidates (including by their negligence) whilst they are working under your supervision, direction or instruction;
b. Sub-paragraph (a) does not reduce our liability, directly incurred, to the extent to which we may have contributed to any such damage, loss or injury; and
c. Nothing in this Contract excludes, restricts or modifies the application of any statutory consumer guarantee in respect of our Workforce Services; the exercise of a right conferred by such a guarantee; or our liability for failure to comply with a statutory consumer guarantee - other than to the extent of limiting our liability in the case of a failure to comply with regard to the supply of our Workforce Services (other than services of a kind ordinarily acquired for personal, domestic or household use or consumption) to supplying or paying the cost of having the Workforce Services supplied again.
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. 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. 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. 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:
(a) except as provided in Section 2.1, (i) all Liabilities relating to any of the Assets accruing, or arising out of or relating to events, occurrences, pending or threatened Proceedings, acts or omissions happening prior to the Asset Closing and (ii) all Liabilities arising out of any act or omission of Seller, ROC, their respective Affiliates or their respective Representatives in effecting the Business Closure or pursuant to the Lease;
(b) all Liabilities relating to any of the Permitted Liens accruing, or arising out of or relating to events, occurrences, pending or threatened Proceedings, acts or omissions (i) happening prior to the Asset Closing or (ii) arising out of any act or omission of Seller, ROC, their respective Affiliates or their respective Representatives in effecting the Business Closure or pursuant to the Lease;
(c) all Liabilities relating to any employees of Seller, ROC or their respective Affiliates who work at the Hotel/Casino or the Property (collectively, the “Employees”), including (i) any payroll, wages and salaries, vacation days, sick days, personal days, and other compensation-related items, (ii) any obligations under or related to Seller Benefit Plans, including COBRA benefits, and (iii) any obligations under or relating to unfunded pension liabilities, pension trust fund liabilities, retirement plan obligations, severance obligations and bonus plans;
(d) except for Liabilities for which Buyer is responsible pursuant to Section 7.6, all Liabilities for Taxes imposed in respect of the Assets or the Business for any Pre-Asset Closing Tax Period and any Liabilities for Taxes imposed on Seller in respect of the transactions contemplated hereby;
(e) all Liabilities relating to the Excluded Assets;
(f) all Liabilities arising out of or relating to the operation of the Business, including all Liabilities with respect to any and all gaming chips or tokens of the Business in circulation (including the redemption thereof in compliance with Gaming Laws), and poker, player club, progressive or other Liabilities, and any Proceedings, relating to the Business;
(g) all Liabilities under the Contracts;
(h) all Liabilities associated with debt, loans or credit fac...
Exclusion of Certain Liabilities. IN NO EVENT SHALL WE OR OUR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE OR ANY PORTION THEREOF. LIMITATION ON TOTAL LIABILITY. OUR AND OUR AFFILIATES’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER THEREOF, AND THE WEBSITE OR ANY PORTION THEREOF, SHALL IN NO EVENT EXCEED AN AMOUNT WHICH EQUALS US $100. APPLICABILITY. THE LIMITATIONS, EXCLUSIONS, WAIVERS, AND TERMS OF THIS SECTION 8 APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW; (B) REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN, FORESEEABLE, OR ADVISED OF TO OR BY US OR OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AFFILIATES, AND OUR AND THEIR LICENSORS AND SUPPLIERS (COLLECTIVELY, “OUR YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS. Depending on where you reside and use the Website, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
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. In any event, even if Supplier is advised in advance of the possibility of any loss or damage, Seller shall not be liable to the Purchaser for: [***]
