Force majeure - Limitation of Liability Sample Clauses

Force majeure - Limitation of Liability. Neither Party hereto shall be liable to the other in damages or otherwise for any delay or failure in performing any of its obligations hereunder, with the exception of payment obligations, for so long as any such delay or failure results, directly or indirectly, from causes beyond its reasonable control, including, but not limited to, accident, equipment breakdown, war, rebellion, riots, acts or omissions of governmental authorities and agencies, fire, wind, cyclone, earthquake, flood, epidemic, act of public enemy, strike, lockout, boycott, picketing, embargoes or delay caused by public carriers; provided that the Party so affected shall promptly notify the other Party in writing of such cause of nonperformance or delay in performance hereunder upon its discovery thereof and shall take best efforts to remove or overcome such cause. AL will in no event be liable to the SUPPLIER for any losses and/or damages caused by events beyond its control, attributable to the SUPPLIER's fault or willful misconduct or to acts or omissions of third parties which AL could not have foreseen using the ordinary rules of diligence. Without prejudice to the burden of proof on the SUPPLIER, with the sole exception of cases of willful misconduct and gross negligence, AL will only be liable for direct damages deriving from violations of the obligations imposed on it by this contract caused to the SUPPLIER's property. AL's liability will in any case be limited to 20% of the value of the order issued by the Supplier to AL on the basis of this Contract. In no event will AL be liable for damages from loss of profit or for indirect or consequential damages of any nature caused in execution of this contract including, by way of example but not limited to, the loss of customers, with the sole exception of cases of willful misconduct or gross negligence. The SUPPLIER therefore undertakes not to claim against AL and/or its insurers to obtain damages beyond the limits indicated in this article and to obtain the waiver of its insurance company to act in subrogation against the person responsible for the damage to obtain compensation beyond the limits indicated in this article. If, in relation to the execution of the contract, damages are incurred by the SUPPLIER's employees, such damages will be compensated directly by the SUPPLIER, without prejudice to any rights that the law recognizes to employees and/or their successors.
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Force majeure - Limitation of Liability. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Also, we are not liable for electrical damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to ECMS EXPRESS.
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Force majeure - Limitation of Liability. Lessor shall not be responsible or liable for any delays or its failure to perform the terms and conditions of this Agreement if such delay or failure is caused by events or circumstances beyond the control of Lessor, including without limitation, acts of God, fire, catastrophe, weather conditions, strikes, lockouts, labor shortages, unavailability of parts, war, riots, civil commotion, confiscation, or governmental action or restriction, including frost law restrictions.
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Force majeure - Limitation of Liability. 6.1 City shall use due diligence in the operation and maintenance of its equipment and facilities so as to furnish Customer continuous water service and continuous sewerage service consistent with the type of service specified herein, and Customer shall use diligence to use the water and sewerage service in such a way as not to interfere unreasonably with service to others dependent upon the City for such service, but except as to Customer’s payment of charges for water or sewerage services already provided, neither party shall be liable for damages, breach of contract or otherwise by reason of the failure, suspension, diminution or other variance in water or sewerage service as the result of injunction, fire, strike, riot, explosions, flood, accident, curtailment, interruption, failure or depletion of the City’s water supply, failure or breakdown of equipment or facilities, acts of God or the public enemy, or other acts or conditions beyond the control of City. Furthermore, neither party shall be liable for damages resulting from interruption of service, when such interruptions are necessary to make repairs, changes or adjustments in equipment and/or facilities. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the person affected, and notwithstanding the intent of the parties that any interruption in service shall be remedied with all reasonable dispatch, the settlement of strikes and lockouts shall not be required when such course is inadvisable in the discretion of the person affected thereby.
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Force majeure - Limitation of Liability. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Also, we are not liable for electrical damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to ECMS EXPRESS. 14 Governing Law and Jurisdiction All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
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Force majeure - Limitation of Liability. Neither party shall be responsible tot the other party for damages due to causes resulting from events of force majeure which shall include, without limitation, fire flood, hurricane, water damage, theft or Act of God, provided, however, if such an event of force majeure prevents ProCirc from performing its obligations hereunder for a period in excess of fifteen (15) days, this Agreement may be terminated immediately by either party without the 30-day advance notice. Except as otherwise provided in this Agreement, ProCirc shall not be responsible for loss or damage to property of CLIENT, if any, stored or held by ProCirc if such damage is caused by an event of force majeure, provided that ProCirc shall take commercially reasonable precautions to protect such materials. Nothing in this paragraph shall relieve ProCirc from liability for any actual or direct damages related to the performance of the Basic Services under this Agreement (or failure thereof), except that ProCirc’s liability for any such damages shall not exceed one (1) month’s Fees. In no event shall ProCirc be liable to CLIENT for any liquidated, exemplary, consequential, special, incidental or other indirect damages (including loss of profits or goodwill) related to the performance of the Basic Services unless such performance (or failure thereof) is due to the gross negligence or willful malfeasance of ProCirc.
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Force majeure - Limitation of Liability 
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Related to Force majeure - Limitation of Liability

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