Further Limitation of Liability. Notwithstanding anything in this Supplement to the contrary, in no event shall the Trustee or its directors, officers, agents or employees be liable under this Supplement for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if the Trustee or its directors, officers, agents or employees have been advised of the likelihood of such loss or damage and regardless of the form of action.
Further Limitation of Liability. In relation to any claim or claims made by a party to which Schedule 9 applies ("Indemnity Claim") in addition to the limitations on liability that apply under Schedule 9 the liability of the parties to one another shall also be limited so that:
(a) for any Indemnity Claim that relates to or results from a single incident, event or circumstance then the other party shall not be liable to make payments that over any period of time exceed an amount equal to the Indemnity Incident Cap;
(b) if under Clause 11.6.4(a) the Indemnity Incident Cap is exceeded then any Indemnity Claim shall be extinguished to the extent that it relates to such excess and the other party shall have no further liability for that excess; and
(c) any Indemnity Claim (or any part of an Indemnity Claim) that is extinguished under Clause 11.6.4(b) shall not be taken into account when calculating the amount of Relevant Losses in respect of any Indemnity Claim that is admitted or determined in a Contract Year under Schedule 9.
Further Limitation of Liability. The limitations of liability and the exclusions of consequential damages set forth in this Agreement shall apply irrespective of whether a Party or any Affiliate thereof, or any partner, shareholder, officer, director or employee of a Party or an Affiliate thereof, asserts a theory of liability in contract, tort, negligence, misrepresentation (including negligent misrepresentation), strict liability or any other theory of liability.
Further Limitation of Liability. PTC will have no liability arising from any security incident or data loss that would have been prevented if Customer had implemented a security solution, devices or features (including “Patches”, “Fixes” and Updates) for the Licensed Products provided or made available by PTC to Customer.
Further Limitation of Liability. Notwithstanding anything in the Agreement to the contrary, in addition to the limitations of liability set forth in this Agreement, including, without limitation in Section 13 of the Master Agreement, the following limitations apply. Customer agrees that Bank and Bank’s Third Party Providers will not be liable for any loss or damage arising, directly or indirectly, in whole or in part, from any (i) inability to access Mobile Banking, or any Treasury Service accessible though Mobile Banking, through the use of a mobile device or any communications delivery systems; or (ii) unauthorized use of Mobile Banking, or a Service accessible though Mobile Banking, by Customer, a Mobile User, or any officer, employee, agent or third party.
Further Limitation of Liability. EXCEPT AS THIS AGREEMENT MAY OTHERWISE EXPRESSLY PROVIDE, AND PROVIDED BCE NEXXIA COMPLIES WITH THE TERMS OF THIS AGREEMENT, BCE NEXXIA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF, OR RESULTING FROM: (a) SERVICE IMPAIRMENTS OR INTERRUPTIONS OR LOST, ALTERED OR MISDIRECTED TRANSMISSIONS OR MESSAGES; (b) INTEROPERABILITY, INTERCONNECTION OR PERFORMANCE PROBLEMS, INCLUDING PROBLEMS CAUSED BY OR WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY EITHER PARTY OR A THIRD PARTY; (c) INABILITY OF CLEARWIRE OR ITS END USERS TO ACCESS OR INTERACT WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS, CONTENT OR SERVICES; (d) CONTENT OR SERVICES OF, OR INTERACTIONS WITH, A THIRD PARTY, EVEN IF HOSTED, CACHED, SUPPORTED OR OTHERWISE ENABLED BY BCE NEXXIA; (e) SERVICES, EQUIPMENT OR SOFTWARE PROVIDED BY THIRD PARTIES; (f) UNAUTHORIZED ACCESS BY A THIRD PARTY TO THE TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OF CLEARWIRE, ITS END USERS, OR ANY [*** Confidential Treatment Requested] BCE NEXXIA/CLEARWIRE MASTER SUPPLY AGREEMENT CONFIDENTIAL 43 OTHER THIRD PARTY; OR (g) UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF CLEARWIRE'S OR ITS OR END USERS' OR ANY THIRD PARTY'S NETWORKS, SYSTEMS, CONTENT, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION BY ANY MEANS INCLUDING ACCIDENT OR FRAUDULENT MEANS OR DEVICES.
Further Limitation of Liability. In any event MILTENYI's liability for any claim or obligation to VIACELL or to indemnify VIACELL shall be limited to the amount of payment received by MILTENYI under this Agreement from VIACELL for the shipment which has caused such claim.
Further Limitation of Liability. The provisions of this Section 5 supplement the provisions of Section 10 of the Agreement.
Further Limitation of Liability. For the purposes of the Liability Provisions in the Agreement the following further limits of Liability will apply:
6.1.1 In respect of Liability for loss or damage arising out of or in connection with the operation of Microsoft Products, in respect of each Microsoft Product the amount the Customer was required to pay for that Microsoft Product under the SPLA;
6.1.2 In respect of Liability for loss or damage arising out of or in connection with the operation of any third-party software, such limit of liability as may be agreed between Telefónica Tech and the licensor of that third-party software;
Further Limitation of Liability. If iCare or any of the other beneficiaries referred to in the following paragraph is ever liable (whether for direct, indirect or consequential loss or damage) to the Customer and, for any reason, cannot rely on any exclusion of liability set out in this clause, the maximum combined liability of iCare and those other beneficiaries to the Customer is the amount paid by the Customer to iCare in the six month period up to the date of the event giving rise to the liability.
