Exclusions and Limitation of Liability. 16.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law.
16.2 Subject to condition 16.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims.
16.3 Subject to condition 16.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages.
16.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions.
16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other...
Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED.
5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES.
5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL.
5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);
Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from Xxxxxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law.
9.2 Subject to condition 9.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed.
9.3 Subject to condition 9.1, in no event shall Miraclon, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Miraclon is made aware of the possibility of such losses or damages.
10.1 The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice to the other expiring at the end of the Initial Period or at any time thereafter.
10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1, Miraclon shall not be liable for any termination damages or compensation however arisin...
Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law.
9.2 Subject to condition 9.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims.
9.3 Subject to condition 9.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made
9.4 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Consumables with other manufacturer’s hardware, media or software, which have not been qualified by Kodak.
Exclusions and Limitation of Liability. (a) The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these Terms of Trade by any law is excluded.
(b) All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
(c) The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its Suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
(i) any Goods or Services supplied to the Customer;
(ii) any delay in supply of the Goods or Services; or
(iii) any failure to supply the Goods or Services.
(d) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service.
(e) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms of Trade, negligence, strict liability or otherwise, even if the Supplier has been advise...
Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law.
9.2 Subject to condition 9.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims.
9.3 Subject to condition 9.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or
9.4 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Consumables with other manufacturer’s hardware, media or software, which have not been qualified by Kodak.
Exclusions and Limitation of Liability. 23.1 Neither party excludes or limits its liability for death or personal injury resulting from its negligence nor liability for breach of any term implied by statute to the extent that such liabilities cannot by law be limited or excluded.
23.2 Subject only to subparagraph 23.1 above, under no circumstances shall either party have any liability in connection with this Agreement, whether in contract or for negligence or otherwise and whether related to any single event or series of connected events (but not relating to Sycamore’s inventory liabilities or obligations to pay invoices hereunder that are not subject to a bona fide dispute), for any of the following:
23.2.1 any liability in excess of:
23.2.1.1 in the case of damage to or loss of tangible property, the value of such property;
23.2.1.2 in the case of any warranty claims by Sycamore against Supplier, an amount equal to [ * ]; and
23.2.1.3 in any event, and in respect of any other liability, an amount equal to [ * ].
23.2.2 any liability for any incidental, indirect or consequential damages, including those relating to loss of business, loss of records or data, loss of use, loss of profits, revenue or anticipated savings or other economic loss, whether or not Supplier or Sycamore was informed or was aware of the possibility of such loss.
23.3 Neither party may bring an action under this Agreement more than [ * ] after the cause of action arose.
23.4 Neither party will have liability to the other for any failure to perform any obligation under this Agreement or any order to the extent such failure was due to the act or omission of the other party or any agent of the other party.
Exclusions and Limitation of Liability. 10.1 The Measured Entity hereby indemnifies Xcelerate against all and any liability that may arise as a result of:
10.1.1 any loss or damage suffered by the Measured Enterprise or a third party pertaining to the Verification Service provided by Xcelerate in terms of this agreement.
10.1.2 the factual inaccuracy of any information supplied by the Measured Entity or by any person representing the Measured Entity.
10.1.3 any breach by the Measured Entity of its obligations under this agreement
10.1.4 any claims made or threatened by a third party which arises from or are connected with a breach referred to in clause 10.1.3 above.
10.2 Notwithstanding anything to the contrary contained in this agreement, the liability of Xcelerate (or any member, employee or agent thereof) in respect of any claim arising out of this agreement or related to the Verification Service provided to the Measured Entity in terms of this agreement, shall be limited to the fees payable in accordance with the upfront quote to the Measured Entity, and shall not include any liability for any indirect or consequential loss or damages incurred by the Measured Entity or any other person.
Exclusions and Limitation of Liability. 19.1. The Customer expressly agrees that use of the Goods and Services is at the Customer's risk.
19.2. All information and samples provided by Chevron in relation to the Goods or Services are approximations only and small variances will not entitle the Customer to reject the Goods or Services or make a Claim in respect of them.
19.3. Any suggestion given by Chevron to the Customer regarding possible third-party installers of Goods or Services is given in good faith and is believed to be appropriate and reasonable at the time it is given. Chevron does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such suggestion. It is a matter for the Customer to select its own third-party installers, as it sees fit.
19.4. To the maximum extent allowed by law, Chevron's liability for negligence or any breach of this agreement is limited (at Chevron’s option) to:
19.4.1. Chevron re-supplying the Goods or Services in question; or
19.4.2. Chevron refunding the Price paid for the Goods or Services in question. This clause 19 does not exclude or limit the application of any provision of any statute (including the Australian Consumer Law) where to do so would contravene that statute or cause any part of this clause to be void.
Exclusions and Limitation of Liability. TigerTMS shall have no obligations under this Agreement in respect of; i) any incidents arising from the installation, whichhasnotbeen carried out by TigerTMS or its appointed representative; ii) any equipment or software which has not beenprovidedbyTigerTMS, such as servers, switches,routers,PCsetc;iii)anypart of the Solutionwhichwasdefectivepriorto theEffectiveDate ofthe Agreement, iv) equipment which has been subjected to unreasonable physical or electrical stress or excessive temperature levels, v) any incidents arising frommisuse, accident or negligence by Customerorany other party. Exceptwhereotherwiseexpresslystipulated intheAgreement thefollowingprovisionssetout TigerTMS’s entireliability(includingliability fortheacts andomissionsofits employees,agents and sub-contractors) to the Customer in respect of any breach of its obligations arising under the Agreementandanyrepresentation,statementortortiousactoromission includingnegligence arising under or in connection with the Agreement. TigerTMS’s liabilityto theCustomerfordeathorinjuryresultingfromits ownorthatof its employees’ or sub-contractors’ negligence and all damage suffered by the Customer as a result of breach of the implied statutory undertakings as to quietpossessionandfreedomfromencumbrances shall not belimited. TigerTMS will be liable to the Customer in respect of damage to the tangible property of the Customerresulting from the negligence of TigerTMS, its employees, agents and sub-contractors provided that TigerTMS’s entire liability in respect of such damage shall be limited to a maximum of £50,000. TigerTMSwillnot beliableto theCustomerfor lossofprofits,business,goodwill, anticipatedsavings or any type of indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party or the unauthorised use of the Solution) . TigerTMS will not be liable to the Customer for any loss or damage resulting from any act or omission of theCustomer or itsothercontractorsor sub-contractors or itsagents or anyof them or by any event outside TigerTMS’s reasonable control. If the Customer attaches to, or allows any third party to attach to the Solution, any equipment or software not approved by TigerTMS for connection to the Solution, then such attachment and subsequentuseshall be at the sole risk and expense of the Customer, and the Customer shall indemnify TigerTMS for any expenses, damages, claims or other costs incurred by TigerTMS as a result ...
