Exclusions from Liability Sample Clauses

Exclusions from Liability. The following provisions provide for certain exclusions from the liability of the Depositor: (a) no Depositor shall be under any liability to any other Depositor, the Trust or the Unit Holders thereof, for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or liable or responsible in any way for depreciation or loss incurred by reason of the acquisition or sale of any Securities; provided, however, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to them, or any of them, by any other Depositor, the Trustee, counsel to an issuer of a Security, or any other person. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty, or obligation to any Unit Holder or the Trustee other than as expressly provided for herein; (b) the Depositor shall not be under any obligation to appear in, prosecute or defend any legal action which in its opinion may involve it in any expense or liability; provided, however, that the Depositor may in its discretion undertake any such action which it may deem necessary or desirable in respect of this Indenture and the rights and duties of the parties hereto and the interests of the Unit Holders hereunder; and (c) none of the provisions of this Indenture shall be deemed to protect or purport to protect the Depositor against any liability to the Trust or to the Unit Holders thereof or to each other (if there is more than one Depositor) to which the Depositor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of the duties of the Depositor, or by reason of the Depositor's reckless disregard of the obligations and duties of the Depositor under this Indenture.

Exclusions from Liability. IN NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL TREND MICRO, ITS AFFILIATES, OR ITS OR THEIR SUPPLIERS (BOTH HARDWARE AND SOFTWARE)/LICENSORS/RESELLERS, BE LIABLE TO COMPANY OR ITS AFFILIATES OR CONTRACTORS UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY CLAIMS, CAUSES OF ACTION, EXPENSES, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO: LOSS OF USE OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, OR CORRUPTION OF DATA; LOST OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR SERVICES; LOSS OF BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS; OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, TREND MICRO’S (OR ITS AFFILIATES) PERFORMANCE UNDER THIS AGREEMENT, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES.

Exclusions from Liability. Notwithstanding anything herein to the contrary, no Party shall be liable for any special, indirect, incidental, consequential or punitive damages of any kind whatsoever in any way due to, resulting from or arising in connection with any of the Services or the performance of or failure to perform Provider’s or Recipient’s obligations under this TSA, as applicable, including to the extent that such liability is: (i) for or in respect of any loss of profit, loss of revenue, loss of goodwill or indirect or consequential losses, punitive, special or consequential damages; or (ii) for the value of any lost or corrupted data; or (iii) for the costs of reconstituting, restoring or rectifying lost or corrupted data (in each case, other than to the extent arising from a breach of Section 19.1), in each case of whatever nature regardless of whether such damages are foreseeable or whether the Provider or Recipient, as applicable, or any of its Affiliates has been advised of the possibility of such damages.

Exclusions from Liability. Subject to clause 20.4, the Operator and Customer exclude all liability to each other for any loss or damage which is either: (a) caused by and to the extent of a Force Majeure Event; or (b) consequential or indirect loss or damage whether arising in contract, tort, statute or otherwise even if: (i) the Parties knew they were possible; or (ii) they were otherwise foreseeable, including, without limitation, loss of revenue, income, profits, market, interest or hire, fiscal loss or loss on currency exchange.

Exclusions from Liability. 16.6.1 Except for each Party’s respective indemnification obligations in respect of third party claims against an Indemnified Party, in no event shall any Party be liable for indirect, incidental, special, consequential, or exemplary or punitive damages (or any comparable category or form of such damages, howsoever characterized in any jurisdiction), regardless of the form of action, whether in contract, tort, strict liability or otherwise, and even if foreseeable or if such Party has been advised of the possibility of such damages. 16.6.2 The limitation of liability provisions of Section 16.6.1 do not apply to liability that is the result of the Party seeking to limit its liability hereunder in connection with (i) a breach of its confidentiality, privacy or security obligations contained in this Agreement (including with respect to any Consumer Information or NPPI, or any Intellectual Property or other Proprietary Information of another Party to this Agreement), (ii) such Party’s violation of Requirements of Law or (iii) such Party’s fraud or willful misconduct. 16.6.3 SunTrust acknowledges and agrees that any liability of FMC and/or FMER hereunder to SunTrust or any of its Affiliates for Damages in any way related to a Loan that is purchased by FMC pursuant to Section 5 shall be reduced in proportion to the Purchase Price of any such Loan that is purchased by FMC or any of its Affiliates pursuant to Section 5.

Exclusions from Liability. In no event shall Sublandlord be liable to Subtenant for any injury to any person in or about the Sublease Premises or damage to the Sublease Premises or for any loss, damage or injury to any property of Subtenant therein unless and to the extent such loss, damage or injury is caused by the gross negligence or willful misconduct of Sublandlord. Without limiting the foregoing, in no event shall Sublandlord be liable to Subtenant for (i) injury to Subtenant’s business or loss of income relating to any damage or destruction of personal property (including without limitation, any loss of such records), or (ii) damages arising from any act, omission or neglect of any tenant in the Building or of any other third party (which third party is, for the avoidance of doubt, not a Sublandlord Party).

Exclusions from Liability. Irrespective of the Liability Option selected, Malca‐Amit shall not be liable under any circumstances whatsoever for any of the following: a. force majeure (meaning any circumstance not within Malca‐Amit’s reasonable control, including but not limited to compliance with any law, order, rule or regulation of any government or public authority, national emergency, riots, civil commotion, imposition of sanctions, piracy, explosion, epidemic, pandemic, lock‐outs, strikes and other industrial disputes); or b. loss of profit, loss of sales, loss of business, loss of goodwill or reputation, product recall, product liability, third party claims (in each case whether direct or indirect) or for any indirect, exemplary, special, incidental, punitive or speculative or consequential loss of any nature, whether or not foreseeable and whether or not Malca‐Amit has been advised of the possibility of such damages; or c. Loss caused by or resulting from: (i) shortage or mysterious disappearance of Property said to be included in a Parcel, with seals intact and when the Parcel bears no evidence of having been opened or tampered with; (ii) damage to Property said to be included in a Parcel, when the Parcel bears no visible signs of damage or tampering; (iii) Malca‐Amit acting in accordance with Customer’s instructions; (iv) negligence, wilful misconduct, breach or failure of Customer, its employees and/or agents to comply with or fulfil any obligations, undertakings and/or warranties under the MA‐Contract; (v) fraud on the part of Customer and/or Receiving Party or any of their employees and/or agents, including but not limited to credit card fraud and cheque fraud; (vi) ordinary leakage, ordinary loss in weight or volume, shrinkage, or ordinary wear and tear; (vii) pre‐existing condition, inherent vice, defect or nature of the Property; (viii) incorrect or insufficient description or valuation of the Property; or (ix) illegal items or contraband; or d. Loss caused by or resulting from: (i) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; or (ii) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; or (iii) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (iv) the radioactive, toxic,...

Exclusions from Liability. Disclaimer of Consequential Damages. EXCEPT AS PROVIDED IN THIS SECTION 18.3, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions from Liability. EXCEPT AS PROVIDED IN THIS SECTION 21.2 (LIMITATION OF LIABILITY), NEITHER PARTY NOR ITS AFFILIATES (NOR, IN THE CASE OF SEARS, ANY ELIGIBLE RECIPIENT) SHALL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions from Liability. The Parties acknowledge and agree that the City is not liable for the payment or performance of the County or State Incentives. The City agrees, however, to use its best efforts to support the Project, including the Project Incentives; provided, however, the City is not required to incur any liabilities or make any out of pocket payments in support of the Project except as provided in Sections 2.05 and Section 2.12, unless otherwise agreed by the City in writing.