Liability and Waiver. 5.1. XS shall not be liable for any claim of whatsoever nature (whether in contract or in delict) and whether for damages or otherwise, howsoever arising, including but without limiting the generality of the aforesaid for:
5.1.1. Any act or omission of XS or an agent or employee of XS; and/or
5.1.2. Any loss, damage or expense arising from or in any way connected with any circumstances, cause or event beyond the reasonable control of XS, including but without limiting the generality of the aforesaid, strike, lock-out, stoppage or restraint of labour, health emergencies; and/or
5.1.3. Damage or injury suffered by the MEMBER or any person whomsoever arising out of any cause whatsoever as a result of XS’s execution or attempted execution of its obligations to the MEMBER.
5.1.4. For the avoidance of doubt, and notwithstanding anything to the contrary herein, XS shall not be liable to the MEMBER or any third party, whether in contract, delict or otherwise, for any direct, indirect or consequential damages arising from or in connection with the use of the services rendered by XS in terms hereof, including (without limitation) loss of data, profits or custom, and/or business foregone, whether foreseeable or not and whether or not in the contemplation of the parties at the time of the conclusion of this agreement, whether negligent or otherwise.
5.1.5. The MEMBER shall be responsible for any damage caused by it to any XS facility or equipment, irrespective of whether such damage was caused by the MEMBER personally, persons belonging to his/her company or third parties who are present in or about the relevant XS facility with the knowledge, or at the invitation, of the MEMBER, and irrespective, moreover, of whether such damage was caused negligently or deliberately.
Liability and Waiver. 10.1 Any disruptions to the operations at Name SRS will be resolved as soon as possible. Name SRS do not control and are not liable to the Customer for disruptions or interruptions at other parties as shown in the flow chart (see Appendix 1). Name SRS are not liable for any costs due to disruptions and will not give any refunds.
10.2 Name SRS are liable for direct damage that the Customer has suffered only if this is caused by negligence when providing the services. Any liability is in any case limited to an amount corresponding to one price base amount as determined by the Swedish government agency Statistics Sweden (SCB). There are specific waivers for the service Domain Administration according to the agreement regarding this service.
10.3 Name SRS are under no circumstances liable for any indirect damage incurred by the Customer.
10.4 The Customer shall hold Name SRS harmless if Name SRS become the subject of any claims, demands, penalty fees, or similar due to any actions or inactions by the Customer (including employees and the Customers own customers), and Name SRS, in a judicial (civil or administrative) process, court decision, reconciliation process or any other similar procedure, is found liable for settlements, penalties and costs (including attorney fees, court fees, administrative and any other costs), incurred by Name SRS in connection to investigation or defense due to such claim, demand or penalty fee.
Liability and Waiver. A. The DFS and Participating Agency shall not be liable for actions chargeable to the other including, but not limited to, the negligent acts and omissions of the agents, employees, contractors, or subcontractors in the performance of their duties as described under this Agreement, unless such liability is imposed by law. This Agreement shall not enlarge or diminish any obligation or duty owed by DFS or Participating Agency to the other or a third party.
B. The DFS and Participating Agency shall only be liable for the errors, acts, and omissions of its own employees and officials. The parties to this Agreement shall not be liable, or responsible for, or indemnify each other for the errors, acts, or omissions of their respective employees or officials.
C. A waiver of any condition of this Agreement must be requested in writing. No waiver of any condition of this Agreement may be effective unless in writing and signed by the authorized DFS and Participating Agency employees or officials.
Liability and Waiver. ● All participants must sign a liability waiver before participating in the event, releasing event organizers and sponsors from any liability in case of injury, damage, or loss during the event.
Liability and Waiver. Sellers will not cause the Company to, or agree to do by or on behalf of the Company, without Purchaser's written consent, any of the following acts:
(a) Pay any obligation or liability, fixed or contingent, other than current liabilities;
(b) Waive or compromise any right or claim relating to the Company's business except in the ordinary course of business; or
(c) Cancel, without full payment, any note, loan, or other obligation owing to Sellers' Interests or the Company relating to the Company's business except in the ordinary course of business.
Liability and Waiver. You shall retain a copy of this Agreement and of the Material, and you hereby release Modern Aging from any liability for and waive all rights and claims against Modern Ageing for, loss or damage to the Material. You also acknowledge and agree that Modern Aging is not obligated to return the Material to you.
Liability and Waiver. Employees or volunteers of either Party acting pursuant to this Agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment or volunteer status with such Party. Under no circumstances are employees or volunteers of one party to be considered employees or volunteers of the other party. The City shall take such steps as are necessary to cause Midwest to be named as an additional insured under the City’s general liability insurance policy (and provide a copy of the insurance policy naming Midwest as an additional insured to Midwest), employment practices policies and automobile liability policies or other insurance policies necessary to provide Midwest with insurance coverage for any actions or lease provided by this Agreement. Nothing in this Agreement shall prevent or limit either Party to this Agreement from recovering or attempting to recover cost of services rendered to a third party where such recovery of cost is provided for by law. The Parties to this Agreement do not waive any defenses, immunities or other limitations applicable to a respective party and nothing herein shall be so construed. Each Party to this Agreement reserves the right to fully defend all claims arising from loss of or damage to private property and/or death of or injury to private persons who are not parties to this Agreement including, but not limited to asserting defenses of immunities available under applicable law. This Section shall survive the termination of this Agreement where necessary to protect each Party to this Agreement.
Liability and Waiver a. Xxxxxx agrees to indemnify, defend and hold Ye Olde Commons LLC its landlord, building owners, officers, employees, and agents harmless of and from any liabilities, costs, penalties, or expenses arising out of and/or resulting from the rental and use of the premises, including but not limited to, the personal guarantee of provision, service, and dispensing of payment by renter, its employees, and agents of alcoholic beverages at Ye Olde Commons LLC. In the event Ye Olde Commons LLC its landlord, building owners, officers, employees and/or agents, are required to file any action in court in order to enforce any provisions of this agreement, renter agrees to pay Ye Olde Commons LLC its officers, landlord, building owners, employees and/or agents, all reasonable attorney fees, court fees, and costs of suit incurred by Ye Olde Commons LLC including all collection expenses and interest due.
b. Participants must sign a YOC Liability waiver.
Liability and Waiver. Student’s participation in classes and activities with the Company are contingent upon a fully signed Waiver and Release of Liability form included with this contract as Exhibit B.
Liability and Waiver. 11.1. You agree that:
a) You have read the above risk warning;
b) and You are aware that the gym activities are recreational activities can be dangerous, accept that there is a degree of risk and acknowledge that you participate in the gym and recreation activities at your own risk, whether at Sargood or at another location.
c) You release us, our agents and servants, and all other parties associated with organising the gym activities from any responsibility or legal liability associated with your presence at and participation in the gym activities, whether at Sargood On Collaroy or at another location.
d) To the extent that the Competition and Consumer Xxx 0000 (Cth) applies this release is limited to responsibility and legal liability for death or personal injury and does not apply to significant personal injury caused by reckless conduct by us.
