Liability excluded Sample Clauses

Liability excluded. The tenant shall be liable for and shall indemnify and defend the lessor or the lessor's agent, its directors, officers, employees, and agents, from, and against, any and all losses, claims, demands, actions, suits (including costs and legal fees on an indemnity basis), and damages, including, but not limited to: (a) injury, bodily or otherwise, or death of any person, including the tenant or an approved occupant; or (b) loss, damage to, or destruction of, property whether real or personal, belonging to any person, including the tenant or an approved occupant; as a direct or indirect result of the tenant's negligent acts or omissions or breach of this agreement or obligations under the Act.

Liability excluded. Notwithstanding anything contained in this Agreement and except in respect of death or personal injury caused by the Licensor’s negligence: (a) the entire liability of the Licensor arising out of or in connection with any breach of this Agreement, or in tort (including negligence) or breach of statutory duties, or the state, condition or use of the Event Space, or any other legal theory whatsoever, shall not in any event exceed the Licence Fee; and (b) the Licensor shall not be liable to the Licensee for any damage, loss, claim, expense, cost or liability of an indirect, special or consequential nature that may be incurred or suffered by the Licensee or that may be asserted against the Licensee howsoever arising including that caused by or in connection with any breach of this Agreement or any breach of statutory duties or any negligence on the part of the Licensor, its employees, servants, agents and/or contractors, or by or in connection with any other wrongful act or omission of the Licensor. Without prejudice to the generality of the foregoing, the Licensee agrees that the Licensee shall take all necessary measures (including by the use of secure fastenings and/or by removing relevant items after the Operation Hours) to protect and keep safe all furniture, equipment, goods, articles or chattels of the Licensee (whether retained within or outside of the Event Space) and all other property of the Licensee from harm, damage, loss, theft or robbery. The Licensor shall not, under any circumstances whatsoever be responsible for any harm, damage, loss, theft or robbery in respect of any such items aforesaid, and notwithstanding that the Licensor may have access to the Event Space during and after the Operation Hours, and the Licensee shall have access thereto only during the Operation Hours.

Liability excluded. Notwithstanding any other provision of the Contract Documents and except as set forth in Section 26.3.2, in no event shall either Owner or Contractor be liable to the other party for incidental, special, punitive or consequential damages of any nature, including, but not limited to, loss of use, loss of revenue, or loss of income, whether arising in contract, tort (including negligence) or other legal theory.

Liability excluded. The tenant shall be liable for and shall indemnify and defend the lessor or the lessor's agent, its directors, officers, employees, and agents, from, and against, any and all losses, claims, demands, actions, suits (including costs and legal fees on an indemnity basis), and damages, including, but not limited to:

Liability excluded. Without prejudice to Clause 7.3, neither the Company nor any of its officers, employees or any other individuals engaged by it to perform the services (including any Worker) shall be liable to the Client or any other person for: (a) any loss, injury, damage, expense, delay or other liability whatsoever incurred or suffered arising directly or indirectly from or in any way connected with the supply of Workers to the Client, including (without limitation) any such liability arising from or in any way in connection with: (i) any failure of the Worker to meet the requirements of the Client for all or any of the purposes for which he is required by the Client; (ii) any act or omission of a Worker, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; (iii) any loss, injury, damage, expense or delay incurred or suffered by a Worker; or (iv) any loss, injury, damage, expense or delay incurred or suffered through the use of any Equipment provided by the Company which has been modified without express prior authorisation by the Company; or (v) any claim by or on behalf or any Worker that there existed during the currency of any Contract a contract of employment between the Client and such Worker; or (b) any loss of profit, business, business opportunity or revenue, diminution of goodwill, in each case whether direct, indirect or consequential; or (c) any other indirect, consequential or economic loss, in each case howsoever arising and regardless of whether the Company was aware of the possibility of the same. Delivering First Class Rail Solutions xxx.xxxxxxxxx.xx.xx | P. 4

Liability excluded. (a) As far as the law permits, Powerlink will not be liable: (i) to the [Customer / Generator] for any loss, injury, damage or expense suffered or incurred by the [Customer / Generator] in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [25] (Liability and indemnity) of the Connection and Access Agreement; (ii) to the Owner for any loss, injury, damage or expense suffered or incurred by the Owner in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [23] (Liability and indemnity) of the Network Operating Agreement. (b) As far as the law permits, the [Customer / Generator] will not be liable to Powerlink for any loss, injury, damage or expense suffered or incurred by Powerlink in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [25] (Liability and indemnity) of the Connection and Access Agreement. (c) As far as the law permits, the Owner will not be liable to Powerlink for any loss, injury, damage or expense suffered or incurred by Powerlink in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [23] (Liability and indemnity) of the Network Operating Agreement.

Liability excluded. Subject to clause 19.4, Xxxxxx shall not in any circumstances have any liability for any losses or damages which may be suffered by the Customer (or any person claiming under or through the Customer), whether the same arise in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise howsoever: (a) which fall within any of the following categories (even if Xxxxxx was aware of the circumstances in which such loss could arise): (i) indirect, consequential or special loss; (ii) loss of profits, business or revenue; (iii) loss of anticipated savings; (iv) loss of opportunity; (v) loss of contracts; (vi) loss of goodwill; and/or (vii) loss or corruption of data (to the extent that is caused by Xxxxxx); or (b) arising as a result of: (i) the use of any of the Software, Software Services or Services except for their normal intended purpose; (ii) any adaptation or modification of any of the Software, Software Services or Services, or integration or combination with any other equipment, software, product or material not supplied or approved by Tribal, in each case carried out by anyone other than Tribal or without Xxxxxx's express written consent; (iii) any defect arising in any of the Software and/or Software Services and/or Services as a result of misuse, wilful damage, negligence on the part of anyone other than Tribal, abnormal operating conditions or any failure by the Customer to follow any instructions of Xxxxxx as to use; (iv) the compliance by Tribal with any design, specification or instructions provided by the Customer or on the Customer's behalf; (v) the continued use of a version of the Software after Xxxxxx has made two (2) subsequent Major Releases of the Software available to the Customer, to the extent that any claim in respect of which Xxxxxx would otherwise be obliged, under this Agreement to indemnify would have been avoided by the use of such subsequent Major Releases; and/or (vi) a Customer Cause.

Liability excluded. The tenant shall be liable for and shall indemnify and defend the lessor or the lessor's agent, its directors, officers, employees, and agents, from, and against, any and all losses, claims, demands, actions, suits (including costs and legal fees on an indemnity basis), and damages, including, but not limited to: (a) injury, bodily or otherwise, or death of any person, including the tenant or an approved occupant; or (b) loss, damage to, or destruction of, property whether real or personal, belonging to any person, including the tenant or an approved occupant; (2) as a direct or indirect result of the tenant's negligent acts or omissions or breach of this agreement or obligations under the Act. If the lessor does have insurance cover the tenant must not do, or allow anything to be done, that would invalidate the lessor's insurance policy for the premises or increase the lessor's premium in relation to that policy. The lessor may claim from the tenant -

Liability excluded. We will use reasonable skill and care in providing the Services but have no liability whatsoever for any and all direct, indirect or consequential loss arising from: any delay or failure to provide all or any of the Services; all or any loss of data; Service Interruptions outside of our control which without limitation include those arising from errors or omissions by you or from levels of use which are unusually large and which have the effect of causing disruption or delays in the Services. We have no liability for any failure or delay in performing our obligations under this Agreement if such failure or delay is caused by your acts, omissions, or results from acts taken by us in good faith to avoid violating a Law, rule or regulation of any government authority or caused by circumstances outside our control.

Liability excluded. No Indemnified Person is or shall be liable for the death of, or injury to the Licensee or its employees, servants or agents, or for damage to any property caused by the Licensee or its employees, servants, agents or invitees duly invited by the Licensee and the Licensee agrees to indemnify and hold harmless all Indemnified Persons for the same.