General Exclusion of Liability. Except as otherwise expressly provided in these Terms, the Company will not be liable for any liability, cost, expense, loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether an authorised or unauthorised act under the Contract and whether caused by the negligence of the Company or its officers, employees, agents, Sub-Contractors or otherwise in any way arising out of or in connection with the Services in respect of the Goods or in connection with the Contract. Notwithstanding anything to the contrary in the Contract, in no circumstances will the Company be liable for any loss of profit, revenue, business contracts or anticipated savings or any special, indirect or consequential loss suffered or incurred by the Customer or any other person.
General Exclusion of Liability auDA is not liable to the Registrar for any claim arising under this document in contract, tort, statute or otherwise, except where auDA has acted in bad faith.
General Exclusion of Liability. Neither Party is liable to the other Party for any claim relating to or arising from this Agreement in contract, delict, or otherwise, except where the guilty Party has acted in bad faith.
General Exclusion of Liability. 10.1.1 eir will not be liable under any circumstances for any indirect, special or consequential losses, corruption or destruction of data, loss of business revenue or profits, anticipated savings or wasted expenditure or for any financial losses whatever.
10.1.2 Nothing in this clause shall be deemed to in any way to exclude or limit any liability which eir may have to You which may not be properly excluded by law. In particular nothing shall exclude or limit any liability which eir may have to You under Article 82 of the GDPR or Section 2 of the Liability for Defective Products Xxx 0000.
10.1.3 Without prejudice to what is stated above, eir in so far as it is permissible by law, shall not be liable for any failure on the part eir to perform any obligation under any agreement or these General Terms and Conditions or for any failure, interruption or delay in providing or maintaining a Service or for any injury, loss or damage suffered as a result of:
10.1.3.1 acts of God, lightning, electric voltages and currents affecting a telecommunications line or fixtures and accessories or customer equipment by lightning or otherwise, fires, floods, storms or other catastrophes;
10.1.3.2 Government control, restrictions or prohibitions;
10.1.3.3 any other act or omission of any public authority, including Government, whether local, national, international or supranational;
10.1.3.4 the act or default of any supplier, agent or other person;
10.1.3.5 strikes, trade disputes, work stoppages or labour disputes or difficulties, whether or not within eir company;
10.1.3.6 any other cause whatsoever, where such other cause is beyond the reasonable control of the company.
General Exclusion of Liability. Neither of the Account Banks shall be liable to any person or entity for any loss, liability, claim, action, damages or expenses arising out of or in connection with anything done or omitted to be done by it pursuant to and in accordance with the provisions of this Agreement save as are caused by its own gross negligence or wilful misconduct.
General Exclusion of Liability. Subject to clause 13.2, Americold will not be liable for any loss or damage suffered by the Customer, the Customer's Personnel or any other person or entity, howsoever caused or arising, whether an authorised or unauthorised act under this Contract and whether caused by the negligence and/or recklessness and/or wilful misconduct of Americold or Americold Personnel or otherwise in any way arising out of, or in connection with, the provision of the Services or this Contract.
General Exclusion of Liability. To the extent permitted by law, all liability of GreyScan is excluded in respect of any indirect or consequential liability or loss suffered or incurred by Customer in relation to the Product or any Incidental Services, any delay or failure in providing or performing them, or otherwise under or in connection with this Agreement, and in any event (including where amounting to a direct loss or where GreyScan has been advised of the possibility of the following occurring) for:
(a) any lost revenue, profit, goodwill, business or opportunity;
(b) loss of use or savings, any lost or corrupted data, any liability to any third party or any liquidated damages payable under any other agreement;
(c) special, consequential or incidental damages; or
(d) any destruction of, or damage to, any property (of any kind), or any death of, or injury to, any person or any claim by any person in relation to any such destruction, damage, death or injury.
General Exclusion of Liability a) The Company’s total liability arising out of or relating to the Services and/or a Contract whether in contract, tort (including, without limitation, negligence), breach of statutory duty or otherwise will not exceed:- • five times the amounts paid (or payable) to the Company for the engagement in question (excluding VAT); or • EUR 50,000 (fifty thousand Euros) whichever is higher. If however, these Terms of Business form part of an enabling (or call-off) contract with the Client, then the Company’s total liability arising out of or relating to the Services and/or a Contract whether in contract, tort (including, without limitation, negligence), breach of statutory duty or otherwise will not exceed:- • five times the amounts paid (or payable) to the Company for the specific task (or vessel) called up under such enabling contract (excluding VAT); or • EUR 50,000 (fifty thousand Euros) whichever is higher and the Client shall only be entitled to claim once in respect of any cause of liability.
b) The client confirms and warrants that it shall not, and the Client shall procure that all third parties to whom the Client may supply (subject to the Company’s written permission) a copy of the Company’s Report(s) shall not bring any legal action against the Company in any court or legal forum in the world for any amount which exceeds the caps on the Company’s liability as stated in this sub-clause paragraphs a) above (the “EXCESS”) and if and to the extent that the Client or a third party shall do so, the Client shall ( without prejudice to the provisions of Article 10 above) indemnify and hold the Company harmless in respect of the EXCESS.
General Exclusion of Liability. The Bank is not liable for any Loss that the Seller suffers or incurs in connection with any use of the Ariba Network to receive from the Seller any Transmissions and downloading, examining, uploading and/or forwarding documents or data received from the Seller via the Ariba Network, whether the Loss arises out of breach of contract, a tort, under statute or otherwise.
General Exclusion of Liability a) All the Parties to this Agreement agree that Escrow Agent shall not be liable for any losses or delays resulting from computer malfunction or for any action or for the performance of its duties done in good faith as specified in this Agreement.
b) Escrow Agent shall act only in accordance with the written instructions from the Manager and as expressly provided in this Agreement and shall not be deemed to be fiduciary or a trustee or have any obligations of a fiduciary or a trustee under the terms of this Agreement.
