Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default.
(b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC statement to you for any reason whatsoever, your liability for interest shall still continue.
(c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC cheque be paid or honoured by us for any reason notwithstanding that the PC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC cheque so paid or honoured.
(d) You agree that we shall have the reasonably discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful default.
(e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with:
(i) any use of electronic mail or SMS services; or
(ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or
(iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or
(iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunic...
Exemption of liability. 11.1 Notwithstanding any other terms and conditions of this RCPL Agreement, we shall not be liable to you for any loss, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this RCPL Agreement, the RCPL and/or on account of any delay in the release of the RCPL or any part thereof.
11.2 We shall not be liable if we are unable to perform our obligations under this RCPL Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control or the control of our servants and agents.
11.3 You agree that we shall have the absolute discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this RCPL Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents.
Exemption of liability. Skuld, its officers and employees shall not be liable in respect of any act or omission of Skuld, its officers, employees, correspondents, agents, representatives, lawyers, experts, surveyors or other party employed or appointed by Xxxxx, whether or not negligence is involved.
Exemption of liability. (Adverse weather)
6.7.1.1. If the Transport Division due to adverse weather conditions and for safety reasons sus- pend or postpone the performance of the Task and the Task thus is delayed, the Logistics Department is in all cases exempted from liability.
Exemption of liability. (1) The Bank shall assume no responsibility for the discontinuation, suspension or termination of the provision of the Service, or the impossibility to arrange the Service (including impossibility due to any force majeure). Further, the Bank shall not assume any responsibility for natural disasters, irregular weather, traffic control/congestion, and so forth.
(2) If customers incur damages in connection of the Service due to reasons attributable to the Bank, the Bank shall be liable for compensation only for ordinary damages that have occurred directly and actually, within the limit of the cover of the foreign currency, handling charge, and shipping charge, which have already been withdrawn as set forth in Paragraph 2 of Article 3 and Paragraph 2 of Article 4, provided that this shall not apply if there is willful intent or gross negligence by the Bank.
Exemption of liability. The Bank shall assume no responsibility for the discontinuation, suspension or termination of the provision of the Service, or the impossibility to arrange the Service (including impossibility due to any force majeure). Further, the Bank shall not assume any responsibility for natural disasters, irregular weather, traffic control/congestion, and so forth.
Exemption of liability. The Lessor shall not be held liable for any of the following:
1. one time suspension of use of any public facilities as a result of necessary maintenance for the building or any reason not attributable to the Lessor;
2. any loss of the Lessee as a result of a natural disaster, such as earthquake, fire or flood, or any other force majeure event; or
3. any loss of the Lessee due to a reason attributable to any other lessee or a third party (however, the Lessor shall have the obligation to provide assistance to the Lessee in claiming losses from the liable party).
Exemption of liability. The Software and all support by EPOS Group A/S is provided ‘as is’ with no express or implicit warranty. EPOS Group A/S cannot be held liable for any implicit warranties related to suitability for a particular purpose. EPOS Group A/S cannot under any circumstances be held liable for damage, including, but not limited to, lost profit, financial loss of any kind or accidental damage or consequential damage arising as a result of damaged or lost data, software or computer error etc. or for other claims made by the user or a third party. The company is responsible for compliance with applicable legislation pertaining to the processing of personal data.
Exemption of liability. (1) The Bank shall not be liable for the unavailability of the Card due to malfunction of telecommunications systems or communication circuits, acts of God or any other accident or event beyond the reasonable control of the Bank, nor for the resulting damage.
(2) The Bank shall not be liable for the unavailability of the Card due to failure in any of the systems or networks of the Foreign Tie-up Entities, or their characteristic and modifications with which the Bank cannot deal, nor for any resulting damage.
(3) JTB shall assume no liability except where due to any willful misconduct or gross negligence on its part.
(4) The Bank shall recognize only data received from the Foreign Tie-up Entities for the use of the Card through the Foreign ATMs, and the Bank shall handle transactions exclusively based on such data.
(5) If the use of the Card through a Foreign ATM, including, without limitation, unauthorized use, is deemed inappropriate by the Bank, the Bank, without giving any notice, may suspend the use of such Card or cancel the account of such Card, and shall not be liable to the Customer for damage arising out of, or in relation to, the suspension or cancellation of such account.
(6) The Bank shall bear no responsibility for damages arising from and attributable to any error in entry of the amount or the like upon operating a Foreign ATM.
Exemption of liability. (a) The Service Provider is not liable to any penalty or damages for failing to convey Gas through the Distribution System to the extent that the failure arises out of any accident or cause, where that accident or cause is beyond the Service Provider’s control.
(b) A Party (First Party) is not liable to the other Party (Second Party) for:
(1) any loss of revenue or profit suffered or incurred by the Second Party;
(2) any special loss suffered or incurred by the Second Party;
(3) any indirect loss suffered or incurred by the Second Party;
(4) any liability incurred by the Second Party to a third party (other than a Customer);
(5) any additional expenses suffered or incurred by the Second Party under any gas purchase contract or haulage agreement (other than this Agreement), whether arising due to the First Party’s breach of this Agreement, tortious (including negligent) act or omission or any other act or omission of any nature whatsoever provided that nothing in this clause 13.6(b) limits:
(6) any liability the First Party has to reimburse the Second Party for liability the Second Party incurs to a Customer under the National Energy Retail Law or under clause 13.2 of this Agreement;
(7) the scope of, or liability under, any indemnity in this Agreement;
(8) the User’s obligation to pay to the Service Provider Charges and any other amounts payable by the User under this Agreement;
(9) the User’s liability for breach of clause 4.7(a).
(c) For the avoidance of doubt, this clause 13.6 applies where the User is acquiring Distribution Services as an End-User, including where an End-User on-supplies Gas to another entity.
