Liability and Claims Sample Clauses

Liability and Claims. AmericaTowne shall in no circumstance be liable to Exporter or authorized users of the AmericaTowne Platform for any error, mistake, misuse, delay, loss or omission whatsoever and howsoever occurring in communications between them or the level of safety with which they are conducted. Exporter unconditionally and irrevocably undertakes that it will not make any claim either legal or equitable against the Company, its affiliates and/or agents for any losses, damages, costs or expenses that it may suffer or incur as a result of or otherwise in connection with such error, mistake, misuse, delay, loss or omission.

Liability and Claims. 13.1. Subject to multilateral and bilateral treaties, agreements, and arrangements of the Participants concerning liability for claims, when applicable, the following provisions will apply regarding liability arising out of, or in connection with F-35 IOT&E Activities carried out in the performance of official duty in the execution of this F-35 IOT&E MOU: 13.1.1. With the exception of claims for loss of or damage to Project Equipment, which are addressed in Section VIII (Project Equipment and Jointly Acquired Equipment) of this F-35 IOT&E MOU, each Participant waives all claims against the other Participants for injury to or death of its military or civilian personnel (which do not include Project Contractors) and for damage to or loss of its property (including its interest in Jointly Acquired Equipment) caused by such personnel of another Participant. If, however, such injury, death, damage, or loss results from reckless acts or reckless omissions, willful misconduct or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 13.1.2. Claims from any other persons for injury, death, damage or loss of any kind caused by one of the Participants’ personnel will be processed by the most appropriate Participant, as determined by the Participants. Any costs determined to be owed the claimant will be borne by the Participants in proportion to their financial contributions in subparagraph 5.2.1. to 5.2.4. of Section V (Financial Provisions) of this F-35 IOT&E MOU or in accordance with their financial responsibility for unique national requirements in paragraph 5.5. of Section V (Financial Provisions) of this F-35 IOT&E MOU. If, however, such liability results from the reckless acts or reckless omissions, willful misconduct, or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 13.2. If a person or entity, other than the Participants (including their personnel), damages Jointly Acquired Equipment, and the cost of making good such damage is not recoverable from such person or entity, such cost will be borne by the Participants in the same ratios as specified for their financial contributions in subparagraphs 5.2.1. through 5.2.4. of Section V (Financial Provisions) of this F-35 IOT&E MOU. 13.3. Claims arising under any Contract awarded under this F-35 IOT&E MOU will be resolved in accordance with the provisions of that Contract.

Liability and Claims. Claims against UNFPA arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the Basic Agreement; provided, however, that claims related to commercial contracts asserted by parties with which UNFPA has a signed contract will be handled in accordance with the terms of such contract. UNFPA does not assume liability with regard to any claims arising out of or relating to or connected with this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, or otherwise, unless caused by UNFPA’s failure to execute the procurement with reasonable diligence. UNFPA will under no circumstances be liable for any incidental, indirect or consequential damages or for lost revenues or profits arising as a result of UNFPA’s procuring the Supplies or performance of its obligations or exercise of its rights under this Agreement. UNFPA's total liability in any event will not exceed the value of the procurement of Supplies with respect to which a claim is made. UNFPA accepts no liability for any third party claims arising out of or related to this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, or otherwise, unless caused by UNFPA’s failure to execute the procurement. The Government indemnifies and will deal with, defend and hold UNFPA harmless in connection with any third party claim or other cause of action arising out of or relating to this Agreement. In case of dispute on the technical conformity or quality of WHO-approved pharmaceuticals, the Parties accept final assessment by WHO. The Government will be responsible for asserting all claims available to it either (a) automatically, pursuant to purchase contracts entered into by UNFPA; or (b) as a result of the terms under which UNFPA has procured the Supplies. UNFPA will provide all reasonable assistance to the Government in connection with such claims; provided, however, that UNFPA and the Government shall first reach agreement as to any costs to be incurred in that respect (including but not limited to counsel’s fees or court costs). Any compensation received by UNFPA from manufacturers, suppliers or shippers arising out of or related to contractual or other liability of such manufacturers, suppliers or shipp...

Liability and Claims. To the extent permitted by law: (a) It is your responsibility to obtain suitable travel insurance to cover the booking costs in the event of unforeseen circumstances (for instance the cancellation of the booking). It is your responsibility as the guest to ensure that the insurance purchased is adequate and appropriate for your particular needs. (b) Coffs Coast Accommodation will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement , the accommodation or the rental (whether such loss arises as a result of Coffs Coast Accommodation's negligence or otherwise). (c) Coffs Coast Accommodation's liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Licence Period or the amount of the accommodation fees and charges payable by you, whichever is the higher amount. (d) Nothing in this clause limits or excludes the liability of Coffs Coast Accommodation for death or personal injury arising as a result of their negligence or the negligence of their agents or employees. (e) Neither Coffs Coast Accommodation nor any other party involved in creating, producing, or delivering the Coffs Coast Accommodation platform and/or the properties for letting will be liable for any damage to your personal property or belongings, service interruption or system failure or any damages of a personal nature including, but not limited to physical injury, emotional distress or any other medical episode arising out of the use of the Coffs Coast Accommodation platform and/or properties.

Liability and Claims. Carrier shall be liable to Broker and Customers, for all loss, damage or injury to all cargo occurring, while in the possession or under the control of Carrier under this Agreement, or resulting from Carrier=s performance or failure to perform the services undertaken by Carrier under the terms of this Agreement. Any attempt by Carrier to limit its liability by provisions contained in any bill of lading, delivery receipt or tariff (whether filed, published or independently determined) that have not been specifically incorporated by reference into this Agreement shall be deemed null and void. a. For purposes of a loss or damage claim, the measure of damages shall be the invoice price of the goods as destination. b. It is understood between the parties that time is of the essence in the transportation services required under this Agreement. If Xxxxxxx believes that it will be unable to complete with reasonable dispatch and without loss of, or damage to, any shipment under this Agreement, Carrier shall immediately notify Broker, giving an estimate of the delay and delivery anticipated. If requested by Broker, Carrier shall promptly take steps to reload the freight in replacement equipment, deliver the freight to another carrier or to otherwise arrange for the protection, storage or delivery of such freight. Carrier shall be liable for any excess or premium transportation costs incurred and any detention, storage or similar fees brought about by the delay of Carrier=s transportation of freight under this Agreement, and the same may be deducted from any amount owed to or claimed by Carrier. c. Except as specifically set forth to the contrary in this Agreement, all claims of overage and shortage, loss and damage and any salvage arising under this Agreement shall be submitted to Carrier and handled and processed by Carrier in accordance with 49 CFR Section 1005. Xxxxxxx shall acknowledge receipt of all such claims within thirty (30) days, and shall settle all claims within sixty (60) days of receipt. Broker reserves the right to withhold payment of any money due for services rendered by Broker where claim lia- bility is disputed, until the Broker and Carrier come to a mutual understanding. d. Concealed loss and damage claims reported to Carrier within fifteen (15) days of delivery shall be treated as if an exception notation had been made on the delivery receipt or bill of lading at the time of delivery. e. The time limits for filing of loss and damage claims, and...

Liability and Claims. TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAWS (i) Elsevier shall not be liable for any of the following losses which may arise by reason of any breach of this TC or any implied warranty, condition or other term, any representation or any duty of any kind imposed on Elsevier by operation of law: (a) any loss of anticipated profits or expected future business; (b) damage to reputation or goodwill; (c) any damages, costs or expenses payable by Elsevier to any third party; (d) loss of any order or contract; or (e) any loss that was not foreseeable by the Client and Elsevier at the time this TC was entered into; or (f) any loss not caused by any breach on the part of Elsevier; AND (ii) NEITHER PARTY SHALL BE RESPONSIBLE FOR death OR PERSONAL INJURY EXCEPT THAT RESULTING FROM ITS OWN NEGLIGENCE OR WILFUL INTENT OR THE NEGLIGENCE OF ITS EMPLOYEES OR OTHERS FOR WHOM THE PARTY IS LEGALLY RESPONSIBLE. NOTHING IN THE TC SHALL BE CONSTRUED AS CREATING AN OBLIGATION TO INDEMNIFY THE OTHER PARTY AGAINST THE OTHER PARTY’S OWN NEGLIGENCE. ELSEVIER’S LIABILITY FOR ANY OTHER LOSS IMPUTABLE TO IT SHALL IN ANY EVENT BE LIMITED TO THE INVOICE VALUE OF THE PART OF THE TC TO WHICH THE LIABILITY ARISES. TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAWS ELSEVIER EXPRESSLY EXCLUDES ANY LIABILITY FOR BREACH OF ANY IMPLIED OR EXPRESS WARRANTY OF AS TO MERCHANTABILITY OR FITNESS FOR A LEGAL OR STATUTORY RIGHTS WHERE IT IS ACTING AS A CONSUMER. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this TC or the interpretation or enforcement thereof. The Client has entered into this TC in the knowledge that the liability of Elsevier is to be limited in accordance with these terms and conditions and the charges have been agreed accordingly. The Client acknowledges that a higher price would be payable for the Products or Services but for such limitations.

Liability and Claims. 11.2.1. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of the Owner's approval of the Final Certificate of Payment. 11.2.2. The Owner and the Design Professional waive all rights against each other and against the Contractor, consultants, agents, and employees of the other for damages covered and paid by any property insurance during construction as set forth in the Conditions of the Contract for Construction, as provided as a part of Exhibit G of this Agreement. The Owner and the Design Professional each shall require appropriate similar waivers from their Contractor, consultants, and agents. 11.2.3. As between the parties, each party acknowledges that it will be responsible for claims or damages arising from personal injury or damage to persons or property to the extent they result from negligence of its employees or agents. The liability of the Owner, the PSFA and the State of New Mexico shall be subject in all cases to the immunities and limitations of the New Mexico Tort Claims Act, Section 41- 41-1 et seq., NMSA 1978, as amended.

Liability and Claims. 7.1 Any claims made by you under this agreement must be made directly to the Venue Host. 7.2 The Venue Host will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement or the hire of the Space (whether such loss arises as a result of the Venue Host’s negligence or otherwise). 7.3 The Venue Host’s liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement space for the agreed Hire Period or the amount of the Hire Fees and any other charges paid by you under this agreement, whichever is the higher amount. 7.4 Nothing in this clause limits or excludes the liability of the Venue Host for death or personal injury arising as a result of their negligence or the negligence of their agents or employees.

Liability and Claims. 17.1 The Lessee may not under any circumstances do anything or allow persons acting under its responsibility or with its authorisation to do anything which may damage or degrade the Leased Premises and/or the Property. The Lessee shall ensure that the tranquillity and proper upkeep of the Leased Premises and/or of the Property are not perturbed by it, by its personnel or by its visitors and shall be held liable for any damage caused by it, by those in its employment or service, or by its agents, customers, suppliers or visitors. The Lessee shall cause any justified complaints to cease and shall carry out any works required such that the Lessor shall never be pursued in this respect. 17.2 The Lessee shall not bring any liability claim or complaint against the Lessor for any disturbance and/ or deprivation of possession and enjoyment caused by any third party and shall take personal responsibility for dealing with any claims to be brought against the person causing the loss or damage, with the Lessor causing it, where applicable, to enter by way of subrogation into its rights for this purpose. 17.3 The Lessee waives any liability claim or complaint against the Lessor, any and all agents of the Lessor and their insurers, and undertakes to obtain the same waiver of claim from its insurers, for the following cases: (i) damage to and/or destruction, whether partial or total, of its furniture, equipment and, generally, all objects belonging to it or which it holds in any respect whatsoever, and any deprivation of possession and enjoyment and any operating loss, even in the event of total or partial loss of its business concern, including any damage caused to it or losses suffered by the intangible assets of such business concern, even where the damage or destruction arises due to a construction defect, or caused by another occupier of the Property, caretaker or guard or any other person for whom the Lessor bears [vicarious] liability; (ii) in the event of theft or any criminal act (or attempted act) or any other unlawful aggression suffered in the Property and/or in the Leased Premises by the Lessee, by those in its employment or service, by its customers or by its visitors, as the Lessor does not assume any surveillance obligation; (iii) in the event of interruption or improper functioning of the Property’s various communal services and equipment (water, heating, electricity, including the failure of installations for the “high quality inverter-regulated” electr...

Liability and Claims. Any claims made by you under this Agreement must be made initially through WRP. In accordance with WRP’s rules and the Guest Services Agreement, WRP has the authority to negotiate and settle claims. You agree that WRP will not have any liability for any business, financial, or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings, or lost opportunity arising as out of or in connection this Agreement, the Accommodation, or the Booking (whether such loss arises as a result of negligence, breach of contract, tort, or otherwise by WRP or any agent or Third Party providing services on behalf of WRP). This Agreement, WRP’s rules, and your agreement with any Third Party Supplier set forth your relationship with each of the foregoing and the limitations of liability relating thereto. Subject to any exceptions set forth in applicable law, WRP’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Accommodation Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and WRP is not responsible for any accidents, injuries, illness and deaths that occur on, in, around or from the Accommodation or for any loss of your personal belongings or valuables. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.