Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. IN NO EVENT SHALL WE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(ii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
(iii) To the extent permitted by applicable law in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, c...
Liability exclusions and limitations. The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 26.3) is limited as follows:
(a) neither Party is liable to the other for any Consequential Loss;
(b) liability for any other Loss arising out of or in connection with:
(i) any act, omission or conduct of the First Party or its Associates; or
(ii) this Agreement, whether in contract, statute, tort (including negligence) or on any other basis in law, equity or otherwise is limited to the extent permitted by law to either:
(iii) the Insured Sum for that liability under the First Party’s policies of insurance; or
(iv) if there is no such Insured Sum for that liability, then to whichever of the following liability limits is first reached:
(A) $500,000 in the aggregate for all claims in a Financial Year by the other Party, its Related Bodies Corporate or their Associates;
(B) $500,000 in the aggregate for all claims by those persons arising out of or in connection with all acts, omissions, or conduct referred to in sub- paragraph (b)(i) and (ii) above or this Agreement during a Financial Year;
(C) in the case of Evoenergy, $2 million in the aggregate for all claims in a Financial Year by all persons (including those referred to above, all Network Users and all other persons); and
(D) in the case of Evoenergy, $2 million in the aggregate for all claims by all such persons arising out of or in connection with all such acts, omissions, or conduct or this Agreement during a Financial Year.
Liability exclusions and limitations. 7.1. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION, WHETHER OR NOT THEY ARE FORESEEABLE.
7.2. TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY’S AGGREGATE LIABILITY RELATED TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNTS PAID IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
7.3. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIABILITY LIMITS SET OUT ABOVE SHALL NOT APPLY TO (i) THE INTELLECTUAL PROPERTY INDEMNITIES PROVIDED IN SECTION 8, (ii) THE COMPANY’S INFRINGEMENT OF SCANDIT’S INTELLECTUAL PROPERTY RIGHTS, OR (iii) ANY AMOUNTS PAYABLE BY THE COMPANY.
7.4. This section is not intended to affect liabilities which by law cannot be limited or excluded.
Liability exclusions and limitations. The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 24.3) is limited as follows:
(a) neither Party is liable to the other for any Consequential Loss;
(b) liability for any other Loss arising out of or in connection with:
Liability exclusions and limitations. IN NO EVENT SHALL LANTERN OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF LANTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LANTERN’S AGGREGATE
Liability exclusions and limitations. The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 26.3) is limited as follows:
(a) neither Party is liable to the other for any Consequential Loss;
(b) liability for any other Loss arising out of or in connection with:
(i) any act, omission or conduct of the First Party or its Associates; or
(ii) this Agreement, whether in contract, statute, tort (including negligence) or on any other basis in law, equity or otherwise is limited to the extent permitted by law to either:
(iii) the Insured Sum for that liability under the First Party’s policies of insurance; or
Liability exclusions and limitations. (a) Subject to the exclusions and limitations set forth in this Article 10 or any other Article of this Agreement and subject to the applicable law, each Party shall be liable to the other for damage caused by breach of contract, tort, negligence, breach of statutory duty or otherwise pursuant to such Party’s performance under this Agreement.
(b) Nothing in this Agreement shall exclude or limit a Party's liability in the case of:
(i) fraud, willful misconduct or willful or fraudulent misrepresentation; or
(ii) breach of confidentiality provisions or provisions on the exclusivity of the licenses granted to the other Party.
(c) Subject to Articles 10(a) and 10(b), neither Party nor any of its Affiliates shall be liable to the other in contract, tort, negligence, breach of statutory duty or otherwise for any consequential, incidental, special, punitive, exemplary or indirect loss or damage, loss of profits, loss of business or loss of goodwill; provided, however, that this paragraph (b) shall not be construed to limit either Party’s indemnification obligations under Article 9.5.
(d) If LICENSEE claims compensation of damage caused by any uncured breach by LICENSOR of the exclusivity of the License or an uncured breach of LICENSOR's material obligations pertaining to the Development or Manufacture of Licensed Compound and Licensed Products, the Upfront Fee, in whole or in part (but, for clarity, no other consequential damages), may be taken into due account when calculating the damage to be compensated.
(e) LICENSOR’s failure or delay in performing, contracting for the performance of, or having performed (as applicable), any activities hereunder will not constitute a breach of LICENSOR’s obligations under this Agreement to the extent (a) LICENSEE’s failure to pay any amounts due hereunder in accordance with Article 7, or (b) any unreasonable delay(s) caused solely by LICENSEE (including through its membership on the JDC), was the proximate cause of LICENSOR’s failure or delay in performance, contracting for the performance of, or having performed such activity, including Development or Manufacture of Licensed Compound and Licensed Products.
(f) Consistent with New York law, and except in connection with LICENSEE’s exercise of the Step-In Rights under Article 3.1(k), each Party reserves the right to file a claim seeking direct damages for the other Party’s uncured material breach of this Agreement.
Liability exclusions and limitations. IN NO EVENT SHALL LANTERN OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF LANTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LANTERN’S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEE PAID BY LICENSEE. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to Licensee.
Liability exclusions and limitations. In no event will Buyer be liable for any indirect, exemplary, incidental, special, punitive, or consequential damages arising out of this Agreement, even if Buyer has been advised of the possibility or likelihood thereof. Buyer’s total liability to Seller under any theory shall not exceed the amount actually paid by Buyer to Seller for the applicable Goods or Services. Any limitation or exclusions of liability under the Agreement in favor of Seller shall not apply in the event of personal injury, death, property damage, breach of confidentiality, or patent or copyright infringement. No liability limitation shall preclude Buyer from obtaining a full refund of any amounts spent under the Agreement. In no event will Buyer be required to indemnify, defend, or hold Seller harmless, nor will Buyer be responsible for any liability of Seller for any reason. Nothing in this Agreement shall be construed as a waiver or modification of Buyer’s sovereign immunity.
Liability exclusions and limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of liability of Vail Resorts or the Vail Resorts Parties will be the minimum permitted under such applicable law. We disclaim any warranties to the maximum extent permitted under applicable law.
