Exclusion of liability for Consequential Loss Sample Clauses

Exclusion of liability for Consequential Loss. Neither Party is liable to the other Party in contract, tort (including claims for negligence and breach of statutory duty), statute or otherwise for any Consequential Loss suffered by the other Party arising from, or in connection with, the operation of this Agreement (other than for willful or deliberate breach of, or omission to act pursuant to, this Agreement).
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Exclusion of liability for Consequential Loss. Regardless of any other provision in these Terms, neither the IB nor the Company will be liable for any indirect, consequential, special or incidental losses. For clarity, neither party will be liable for loss of profits. However, nothing in this provision will prevent either the IB or the Company recovering a Loss or Claim which may fairly and reasonably be considered to arise naturally (i.e. in the usual course of things) from the breach or other act or omission giving rise to the relevant liability.
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Exclusion of liability for Consequential Loss. (a) To the extent permitted by law, you, we and our third party suppliers have no liability to each other for any for Consequential Loss (other than loss resulting from our breach of a Non-Excludable Right). (b) To the extent permitted by law, we and our third party suppliers have no liability to you or any other person for (i) any loss or damage suffered by you in connection with the agreement or the Service to the extent that your acts or omissions or any customer equipment cause or contribute to that loss or damage; (ii) any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and (iii) acts, omissions or defaults of any third party or any person who provides goods or services directly to you for use in connection with a service.
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Exclusion of liability for Consequential Loss. 28.1 The Company shall not be liable to the Customer under the Contract of which these Terms form part for the loss of use (whether complete or partial) of the Works or of profit or of any contract hat may be suffered by the Customer or for any other consequential or economic loss.
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Exclusion of liability for Consequential Loss. (a) Except as provided in Clause 35.2(b), no party will be liable to the other party (whether arising under an indemnity, warranty (whether express or implied), in contract, tort (including negligence), equity, common law or otherwise) for any Consequential Loss suffered or incurred by the other party arising out of or in connection with this Contract. (b) The exclusion of the liability of the Contractor for Consequential Loss suffered or incurred by Tetra Tech does not apply to: (i) the liability of the Contractor for Liquidated Damages; (ii) the extent the liability of the Contractor for such Consequential Loss results from a Claim by any person against Tetra Tech in respect of personal injury (including illness), death, loss or damage to any property or any other third party liability; (iii) the extent the liability of the Contractor for such Consequential Loss has arisen from a breach of Law by the Contractor; (iv) the extent the liability of the Contractor for such Consequential Loss is covered by insurance proceeds that are recoverable under an insurance policy required by this Contract; (v) the extent the liability of the Contractor for such Consequential Loss would have been covered by insurance proceeds that would have been recoverable under an insurance policy required by this Contract but for: (A) a failure by the Contractor to obtain or maintain the relevant insurance policy (for which it is responsible) in accordance with this Contract; (B) a failure by the Contractor to claim under the relevant insurance policy (or comply with the claim procedures under the relevant insurance policy); or (C) the Contractor not complying with any provision, obligation or duty owed under the relevant insurance policy (including the duty to disclose); or (vi) the extent the liability of the Contractor for such Consequential Loss has been caused by wilful misconduct, wilful default, wilful neglect, Fraud or negligence of the Contractor or any Contractor Responsible Party; (c) the extent the liability of the Contractor for such Consequential Loss has been caused by a breach of the Contractor’s obligations under Clause 38; (d) the extent the liability of the Contractor for such Consequential Loss has been caused by a breach of the Contractor’s obligations under Clause 39.
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Related to Exclusion of liability for Consequential Loss

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Xxxxxxxx Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if Xxxxxxxx Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • Exclusion of liability All statements made in the Proclamation of Sale and Conditions of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee/Bank, the Solicitors and Auctioneers or either of them. No such statement may be relied upon as a statement or representation of fact. All bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements and neither the Assignee/Bank, the Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Warranty Disclaimer and Limitation of Liability THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • 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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