Liability for Loss Clause Samples

Liability for Loss. The Primary Cardholder is responsible for all transactions and any resulting interest, fees and losses incurred that: • are authorized by the Primary Cardholder and / or the Additional Cardholder; • We determine after investigation, the Primary Cardholder and / or the Additional Cardholder fails to comply with the PIN safety obligations set out in section 17 of this Agreement until we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions which occur using a PIN after a Card is lost or stolen); or • are made by a person other than a cardholder, if the Primary Cardholder and / or the Additional Cardholder allows the person to use a Card, Card number or the Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their use. In case of any dispute regarding such transactions, The Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. For the purposes of this section, a transaction will be considered “unauthorized” only if after our investigation, we determine: i. the Card, Card number, PIN or Account has been used by a person other than the Primary Cardholder or Additional Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. no Primary Cardholder or Additional Cardholder receives any benefit from the transaction; iii. the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility of the Primary Cardholder to inform us immediately when a Card is lost or stolen or if you know or suspect that someone else may know the Card number or PIN. iv. you have co-operated fully with our investigation; and v. occur after you tell us that a Card has been lost or stolen.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that sig- nificantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Contract Area, but before Scaling, shall be borne by Contractor at Cur- rent Contract Rates and Required Deposits. Deteriora- tion or loss of value of salvage timber is not an unex- pected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.‌‌‌‌ In the event Included Timber to which Forest Ser- vice holds title is destroyed, Contractor will not be obli- gated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immedi- ately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differ- ences to become the redetermined rates.‌‌‌‌ There shall be no obligation for Forest Service to supply, or for Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Sub- section shall not be construed to relieve either party of liability for negligence.‌

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.

Liability for Loss. Mogo Auto will not be liable for any loss incurred by the Borrower in terms of the Agreement, save and except where such loss is caused by Mogo Auto’s gross negligence, gross misconduct and/or willful misconduct.

Liability for Loss. The Corporation shall not be responsible for any loss of, or damage to, any of the Student's personal or other property placed in or about the Fraternity House by the Student.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that signifi- cantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Contractor, unless Contractor is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Con- tract Term Adjustment or under IT.3.3.

Liability for Loss. Except (a) with respect to Liability arising from any willful misconduct or grossly negligent act of a Party or any of its Affiliates, (b) to the extent such Party may be required to indemnify any ▇▇▇▇▇▇▇▇▇ Indemnified Party, Nestlé Indemnified Party or Company Indemnified Party (as the case may be) from and against any Liability to one or more Third Parties under this ARTICLE 14, (x) in no event will any Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives be liable under this Agreement for any special, indirect, incidental, consequential, punitive or exemplary damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including loss of profits or revenue suffered by any Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives and (y) ▇▇▇▇▇▇▇▇▇’▇ or Nestlé’s Liability for damages arising out of the conduct of the Research hereunder will not exceed [**].

Liability for Loss. Association, its officers, directors, executive committee, commissioner or other authorized representatives will not be responsible or held liable for injury or damage to persons or property resulting from rendering of service by Official.

Liability for Loss. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE OR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR DAMAGES, ERROR, LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, US, OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE (NETSCAPE NAVIGATOR BROWSER) AND MICROSOFT (MICROSOFT EXPLORER BROWSER), OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING, NOR SHALL WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, THE ONLINE BANKING SERVICES, INTERNET BROWSER, ACCESS SOFTWARE, THIS AGREEMENT, THE UNAVAILABILITY OF ONLINE BANKING SERVICE OR ANY ERRORS IN INFORMATION PROVIDED THROUGH THIS SERVICE, EVEN IF WE OR A SERVICE PROVIDER HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS OR ONE HUNDRED U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Account Access. Access Code. (referred to as "access codes"). Use of these Access Codes is the agreed security procedure to access the Services through the Internet. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products. You may change your password at any time through the Services. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize these online Access Codes and do not write them down. You are responsible for keeping your Access Codes and account data confidential. You will be asked to provide certain information about yourself or the account in order to identify yourself when you call for telephone support.