EXCLUSION OF LESSOR’S LIABILITY AND BENEFIT OF WARRANTIES Sample Clauses

EXCLUSION OF LESSOR’S LIABILITY AND BENEFIT OF WARRANTIES. 4.1 The Lessee and the Lessor recognise that there is a risk that any Products, in particular computer hardware and software may not perform as expected and may not be satisfactory. The Lessee and the Lessor both also acknowledge that salesmen acting on behalf of suppliers may make representations about Products including computer hardware and software that are difficult to evaluate until delivery and commissioning. When Products are financed, the risk of them not working satisfactorily or according to any representations may be assumed by the Lessee, by the Lessor, by the Supplier, by an intermediary or by an insurer. The Lessee and the Lessor both appreciate that the allocation of risk is a matter of agreement and have decided that it shall be borne by the Lessee, save to the extent that the Lessor has been able to obtain a right of recourse against the Supplier or any intermediary and has been able to pass that right to the Lessee under the Contracts (Rights of Third Parties) Axx 0000.
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Related to EXCLUSION OF LESSOR’S LIABILITY AND BENEFIT OF WARRANTIES

  • Limitation of Lessor's Liability It is expressly agreed and understood that all representations, warranties and undertakings of Lessor hereunder (except as expressly provided herein) shall be binding upon Lessor only in its capacity as Owner Trustee under the Trust Agreement and in no case shall the Trust Company be personally liable for or on account of any statements, representations, warranties, covenants or obligations stated to be those of Lessor hereunder, except that the Trust Company shall be personally liable for its gross negligence or willful misconduct and for its breach of its covenants, representations and warranties contained herein to the extent covenanted or made in its individual capacity.

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  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

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