Further Limitations of Liability Sample Clauses

Further Limitations of Liability. In addition to the limitation of liability set out above, we may require specific limitations and exclusions of liability to be agreed before we agree to perform Services for you, or during the provision of Services where the scope of such Services changes or becomes known in more detail. If an additional limitation or exclusion of liability applies, it will be set out in our Letter of Engagement or other written correspondence with you.
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Further Limitations of Liability. The amount of any Loss shall be reduced (i) to the extent that any person entitled to receive indemnification under this Agreement (an "Indemnitee") receives any insurance proceeds with respect to a Loss, (ii) to take into account any net Tax benefit recognized by the Indemnitee arising from the recognition of the Loss and (iii) to take into account any payment actually received by an Indemnitee with respect to a Loss.
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Further Limitations of Liability. 1. Any claims arising from culpa in contrahendo are excluded, unless they arise from intentional or grossly negligent conduct of a company body, or an executive em- ployee vested with power of procuration. 2. XXXXXXXXX meteo GmbH cannot be held liable for any damages the customer suffers due to improper handling, use, storage, faulty connection, excess voltage, stroke of lightening, exposure to external acts of force or impact of other parts of business installation. This does not apply to damages which arise from intentional or grossly negligent false guidance provided by an employee of XXXXXXXXX xxxxx GmbH in fulfilment of a secondary contractual obligation explicitly adopted. Insofar, however, the objection of contributory negligence on the part of the customer remains valid. 3. Any liability for damages that do not occur on a product provided by XXXXXXXXX meteo GmbH itself, but on another part of an assembled construction or system (e.g. wind energy converter, ship), i.e. a so-called ‘Weiterfresserschäden’ (insidious spreading loss), is excluded, unless such damage is caused by intentional or grossly negligent conduct of an employee of XXXXXXXXX meteo GmbH. 4. Any compensation for a customer’s loss of profit caused by a material defect of quality or a malfunction of the product delivered is excluded. As far as XXXXXXXXX meteo GmbH is liable for damages arising from an intentional or grossly negligent conduct of any of its employees the amount of damages is restricted to the amount of coverage of the product liability insurance as contracted for by XXXXXXXXX me- teo GmbH.
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Further Limitations of Liability. 36 12.5 Defense of Claims................................................36 12.6 Tax Treatment of Indemnity Payments..............................38 ARTICLE XIII - MISCELLANEOUS..................................................38 13.1 Notices..........................................................38 13.2 Entire Agreement.................................................39 13.3 Binding Effect; Assignment; No Third Party Benefit...............39 13.4 Severability.....................................................40 13.5 GOVERNING LAW....................................................40 13.6 Further Assurances...............................................40 13.7 Descriptive Headings.............................................40 13.8 Gender...........................................................40 13.9 [Intentionally omitted.].........................................40 13.10 Counterparts.....................................................40 13.11 Injunctive Relief................................................41 13.12 Disclosure.......................................................41 13.13 Arbitration......................................................41 13.14 Bulk Sales or Transfer Laws......................................41 Exhibit 2.2(a) -- Certificate of Designations PURCHASE AGREEMENT PURCHASE AGREEMENT (this "Agreement"), dated as of December 28, 2000, by and among Bionova Holding Corporation, a Delaware corporation ("BHC"), Xxxxx, X.X. de C.V., a corporation organized under the laws of the United Mexican States ("Savia"), and Bionova International, Inc., a Delaware corporation and wholly-owned indirect subsidiary of Savia ("International" and, together with Savia, "Buyers").
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Further Limitations of Liability. To the maximum extent permitted by Applicable Laws, Cambix is only liable in the following situations: • In the case of negligence, Cambix is only liable for breach of material contractual obligations; Except for intentional breach of contract, Cambix's liability is limited to the amount of damages normally foreseeable at the time of the conclusion of these Terms. You are obligated to inform Cambix of the relevant risks, potential damages, and subsequent potential abnormal or additional Losses.
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Further Limitations of Liability. 12.1 EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER IMNET NOR LICENSEE SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED TO HAVE RESULTED FROM USE, OPERATION, OR PERFORMANCE OF THE MEGASAR PRODUCTS AND REGARDLESS OF THE FORM OF ACTION, EXCEPT FOR LOSS OR DAMAGE CAUSED BY THE SOLE GROSS NEGLIGENCE OF LICENSEE. 12.2 IN NO EVENT SHALL LICENSEE OR IMNET BE LIABLE TO THE OTHER OR ITS END-USER CUSTOMERS FOR (i) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS; OR (iii) ANY CLAIM, WHETHER IN CONTRACT OR TORT, THAT AROSE MORE THAN ONE YEAR PRIOR TO INSTITUTION OF SUIT THEREON, EVEN IF LICENSEE WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. 12.3 THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE EFFECTIVE, EVEN IF THE REMEDIES PROVIDED HEREIN ARE JUDICIALLY DEEMED TO FAIL IN THEIR ESSENTIAL PURPOSE. IMNET'S AND LICENSEE'S LIABILITY RELATING TO PERFORMANCE OF MEGASAR PRODUCTS SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE MEGASAR PRODUCTS PURCHASED.
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Further Limitations of Liability. 17 13. DATA AND PROPRIETARY RIGHTS......................................... 17 13.1 IMNET to Honor Licensee Rights............................. 17 13.2 Notice of Unauthorized Use or Misappropriation............. 17
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Related to Further Limitations of Liability

  • Limitations of Liability The Trustee shall have no responsibility or liability to: (a) Imply obligations, perform duties, inquire or otherwise be subject to the provisions of any agreement or document other than this Agreement and that which is expressly set forth herein; (b) Take any action with respect to the Property, other than as directed in Section 1 hereof, and the Trustee shall have no liability to any third party except for liability arising out of the Trustee’s gross negligence, fraud or willful misconduct; (c) Institute any proceeding for the collection of any principal and income arising from, or institute, appear in or defend any proceeding of any kind with respect to, any of the Property unless and until it shall have received instructions from the Company given as provided herein to do so and the Company shall have advanced or guaranteed to it funds sufficient to pay any expenses incident thereto; (d) Refund any depreciation in principal of any Property; (e) Assume that the authority of any person designated by the Company to give instructions hereunder shall not be continuing unless provided otherwise in such designation, or unless the Company shall have delivered a written revocation of such authority to the Trustee; (f) The other parties hereto or to anyone else for any action taken or omitted by it, or any action suffered by it to be taken or omitted, in good faith and in the Trustee’s best judgment, except for the Trustee’s gross negligence, fraud or willful misconduct. The Trustee may rely conclusively and shall be protected in acting upon any order, notice, demand, certificate, opinion or advice of counsel (including counsel chosen by the Trustee, which counsel may be the Company’s counsel), statement, instrument, report or other paper or document (not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and acceptability of any information therein contained) which the Trustee believes, in good faith and with reasonable care, to be genuine and to be signed or presented by the proper person or persons. The Trustee shall not be bound by any notice or demand, or any waiver, modification, termination or rescission of this Agreement or any of the terms hereof, unless evidenced by a written instrument delivered to the Trustee, signed by the proper party or parties and, if the duties or rights of the Trustee are affected, unless it shall give its prior written consent thereto; (g) Verify the accuracy of the information contained in the Registration Statement; (h) Provide any assurance that any Business Combination entered into by the Company or any other action taken by the Company is as contemplated by the Registration Statement; (i) File information returns with respect to the Trust Account with any local, state or federal taxing authority or provide periodic written statements to the Company documenting the taxes payable by the Company, if any, relating to any interest income earned on the Property; (j) Prepare, execute and file tax reports, income or other tax returns and pay any taxes with respect to any income generated by, and activities relating to, the Trust Account, regardless of whether such tax is payable by the Trust Account or the Company, including, but not limited to, tax obligations, except pursuant to Section 1(j) hereof; or (k) Verify calculations, qualify or otherwise approve the Company’s written requests for distributions pursuant to Sections 1(i), 1(j) or 1(k) hereof.

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