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. (A) 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 SALE OR USE OF WORK TOKENS OR OTHERWISE RELATED TO THIS AGREEMENT, 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 THIS AGREEMENT OR THE USE OF OR INABILITY TO USE WORK TOKENS, EXCEED THE AMOUNT YOU PAY TO US FOR WORK TOKENS.
LIABILITY AND LIMITATION OF LIABILITY. 9.1 Envirosuite shall not be liable for any loss resulting from indirect damage or consequential damage (or loss of expected profit, loss of data or their recovery, loss of goodwill or any other similar consequential damage) in connection with the use of the Software or loss resulting from lacking functionality in the Software regardless of whether Envirosuite has been informed about the possibility for such a loss and regardless of whether Envirosuite can be blamed for the loss due to negligence or similar behaviour on the part of Envirosuite.
LIABILITY AND LIMITATION OF LIABILITY. 12.1. Supplier will strive to deliver this Service to End User to the best of its abilities. However, Supplier does not warrant that the Service will be error- free or that the Service will work without interruptions.
LIABILITY AND LIMITATION OF LIABILITY. 15.1. The Parties shall be liable for any direct damages arising out of or relating to the performance or non- performance of their respective obligations under the Agreement, except as deviated from under this Section.
LIABILITY AND LIMITATION OF LIABILITY. 23.1 The Hub shall fully indemnify, and keep indemnified in full, AET from and against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities whatsoever arising out of, in respect of, or in connection with, this Agreement including in respect of any death or personal injury, loss of or damage to property, financial or other loss arising from any advice given or omitted to be given by the Hub, or any other loss which is caused directly or indirectly by any act or omission of the Hub.
