Force Majeure; Special Damages. The Custodian shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall the Custodian be liable to any person or entity for consequential or special damages, even if the Custodian has been advised of the possibility or likelihood of such damages.
Force Majeure; Special Damages. The Custodian shall be responsible for maintaining and preserving its operations, facilities and systems (including its computer communication systems) in a manner consistent with commercial and supervisory standards prevalent in its industry. So long as the Custodian shall have complied with the foregoing maintenance or preservation requirements (and the other requirements of this Agreement and the Custodian Agreement) and provided that any delay or failure to take such action as may be required under this Agreement could not be prevented by the exercise of reasonable diligence by the Custodian, the Custodian shall not be liable for any delay or failure to take any action as may be required under this Agreement in the event and to the extent that any such delay or failure is caused by an act of God or by acts of declared or undeclared war, acts of terrorism, public disorder, rebellion or sabotage, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods or similar events or the interruption or suspension of any external communication or power systems. The preceding sentence shall not relieve the Custodian from using its reasonable best efforts to perform its obligations in a timely manner in accordance with, and subject to, the terms of this Agreement and the Custodian shall provide Party A and Party B with written notice of such failure or delay. The Custodian agrees that it shall enter into and shall maintain in effect, at all times during the term of this Agreement, with appropriate parties one or more agreements making reasonable provision for (i) periodic back- up of computer files and data with respect to any accounts held by it, and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. In no event shall any party hereto be liable to any Person for special, indirect, exemplary, punitive or consequential damages of any kind whatsoever (including for lost profits) even if such party has been advised of the possibility or likelihood of such damages.
Force Majeure; Special Damages. Custodian shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall Custodian be liable to any person for indirect, consequential or special damages, even if Custodian has been advised of the possibility or likelihood of such damages.
Force Majeure; Special Damages. The Custodian shall not be liable for acts beyond its control or indirect, consequential or special damages, even if the Custodian has been advised of the possibility or likelihood of such damages.
Force Majeure; Special Damages. The Custodian shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall any party hereto be liable to any person or entity for consequential or special damages, even if such party has been advised of the possibility or likelihood of such damages.
Force Majeure; Special Damages. State Street shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall State Street be liable to any person or entity for consequential or special damages, even if State Street has been advised of the possibility or likelihood of such damages.
Force Majeure; Special Damages. Owner shall not be liable to Promoter for delays or failures in performance resulting from unforeseen causes beyond the reasonable control of Owner. The obligations of Owner under this Agreement do not constitute personal obligations of Owner, and Promoter will look solely to Owner’s then existing interest in the Shopping Center, and to no other assets of Owner, for satisfaction of any liability of Owner under this Agreement. In no event shall Owner be liable to Promoter, or any person claiming by, through or under Promoter, for any consequential, incidental, or special damages arising out of this Agreement.
