LIABILITY AND LIMITATION OF LIABILITY. 12.1 The regulation of liability and limitation of liability in the agreement(s) on delivery of the Primary Services also applies to this Processor Agreement as were this Processor Agreement an integral part thereof. If this is not considered in the agreement(s) on delivery of the Primary Services, the provisions in this clause 12 will apply to this Processor Agreement.
LIABILITY AND LIMITATION OF LIABILITY. 11.1 The Parties are liable according to the general rules of applicable law, however, Xxxxxxxxx.xxx,
LIABILITY AND LIMITATION OF LIABILITY. 12.1 The Processor is liable for any damage in accordance with general rules of the applicable law. The Parties have explicitly agreed that the Processor's liability for damages incurred to the Controller shall be limited to terms under this Article of the Contract.
LIABILITY AND LIMITATION OF LIABILITY. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 If you are a business, we are not liable to you or your business (whether in contract or tort, including without limitation negligence) or otherwise responsible for any loss of profit, business contracts, revenues, anticipated savings nor for any indirect or consequential damage of any kind. Subject to section [1.2], if you are a business, our liability to you (whether in contract or tort, including without limitation negligence) shall be limited to the rental charge you are required to pay us under the Rental Agreement. If you are a consumer, you agree that you will not use the Vehicle for any commercial or business purpose and accordingly that if you use the Vehicle for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process Termination Of Agreement If we terminate the Rental Agreement, it will not affect our right to receive any monies we are owed under the existing Rental Agreement. We may immediately end the Agreement if we become aware or suspect that you have, or any Approved Driver has breached these terms and conditions. Governing Law Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a consumer. This Rental Agreement is governed by the laws of England . We or you may bring a claim either in the country where the Vehicle is collected or in your country of residence. Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a business, you and we both agree that the Rental Agreement shall be governed...
LIABILITY AND LIMITATION OF LIABILITY. 2.1.1 Liability and limitation of liability are governed by the Main Agreement.
LIABILITY AND LIMITATION OF LIABILITY. 10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL THE COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE AND SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE), AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE OF THE WEBSITE OR SERVICES, EXCEED THE AMOUNT YOU PAY TO US FOR OUR SERVICES FEE.
LIABILITY AND LIMITATION OF LIABILITY. The Licensor is not responsible for financial performance of the Program use, wrong data received from third parties and processed by the Program, the Program failures associated with power interruptions, communication channel cut-offs or faults, or feasibility of the Program interaction with any other technical means not on the list of compatible technical facilities. The Licensor is not responsible for possible undetected errors in the operation system, Java runtime environments, or other system software or hardware capable of impacting the Program security and stability and not being part of the Licensor’s in-house design. The Licensor shall have no direct or indirect liability to the Licensee or any third party in respect of any information or Data that the Licensee or its clients use in connection with the Program usage. It is Licensee’s responsibility to obtain (and procure that its clients obtain) all necessary third party consents for the Data or information that it uses. Neither the Licensor nor the Licensee shall have liability to each other or any third party for any loss of revenue, profit, data or goodwill, or for any indirect, special or consequential loss or damage arising out of or in connection with this Agreement or any collateral, whether in contract, tort or otherwise, except for the indemnification for non-infringement and breach of the Intellectual Property Rights. Neither Party excludes or limits its liability for: its fraud; death or personal injury caused by its material default; any other liability which cannot be excluded or limited by applicable law. The limitations of liability under this Section 9 have effect in relation to any liability expressly provided for under this Agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this Agreement. The Parties agree that the terms in this limitation of liability represent a reasonable allocation of risk; this section is essential element of the Agreement. This liability applies whether alleged liability based on contract, negligence or bad faith of the Licensor. In no event shall the Licensor’s liability to the Licensee exceed $1000 (one thousand US Dollars). The existence of one or more claims will not enlarge this limit.
LIABILITY AND LIMITATION OF LIABILITY a) To the extent allowed by Texas law, the Parties agree that each Party is responsible, to the exclusion of any such responsibility of the other Party, for its own proportionate share of liability for its and its employees’, subcontractors’, and agents’ negligent acts and omissions for claims, suits, and causes of action, including claims for property damage, personal injury and death, arising out of or connected to this Agreement and as determined by a court of competent jurisdiction, provided that the execution of this Agreement will not be deemed a negligent act.
LIABILITY AND LIMITATION OF LIABILITY. The Processor’s liability under this Agreement is subject to the provisions on limitation of liability in the Service Agreement.
LIABILITY AND LIMITATION OF LIABILITY. THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
