Liability Generally. Subject to the specific provisions of this SECTION 16, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Non-Breaching Party as a result of the Breaching Party's failure to perform its obligations in the manner required by this Agreement and failure to cure such nonperformance as set forth in SECTION 18.1.2.
Liability Generally. Neither the Collateral Agent, the Purchase Money Notes Guarantor nor any other Secured Party nor any of their respective Affiliates, nor any of their respective officers, directors, employees, partners, principals or agents, including the Servicer and any subservicer, shall be liable for any action taken or omitted to be taken by them or any one of them under this Agreement or in connection with any Collateral or any portion thereof, except for any act or omission constituting gross negligence, bad faith or willful misconduct (including any act or omission constituting theft, embezzlement, breach of trust or violation of any Law). In the event the Collateral Agent, the Purchase Money Notes Guarantor or any Secured Party exercises its rights pursuant to Article 5 of this Agreement, none of the Collateral Agent, the Purchase Money Notes Guarantor or any Secured Party, nor any of their respective Affiliates, nor any of their respective officers, directors, employees, partners, principals or agents, including the Servicer and any subservicer when acting as an agent of any of the foregoing, shall be liable for any action taken or omitted to be taken by them or any one of them pursuant to this Agreement or in connection with any Collateral or any portion thereof, except for any act or omission constituting willful misconduct.
Liability Generally. 12.1 Except in the case of death or personal injury, proved to be caused by the negligence of Sandside Lodge School, The Responsible Body shall not be liable to the hirer in contract, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature incurred by the hirer.
12.2 Sandside Lodge School will not be held liable for any equipment or goods left at the Swimming Pool venue by the Hirer.
Liability Generally. Except in the case of death or personal injury caused by the negligence of the School or West Sussex County Council, neither the County Council nor the Governing Body of the School shall be liable to the Hirer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature incurred by the Hirer.
Liability Generally. The Delaware Trustee shall be entitled to all of the same rights, protections, indemnities and immunities under this Declaration and with respect to the Trust as the Board of Trustees. No amendment or waiver of any provision of this Declaration which adversely affects the Delaware Trustee shall be effective against it without its prior written consent. The Delaware Trustee shall not be liable for supervising or monitoring the performance and the duties and obligations of any other Person, including, without limitation, the Trustees, the Trust’s administrator or investment adviser or the Trust under this Declaration or any related document.
Liability Generally. The General Partner shall not be liable to the Limited Partners because any taxing authorities disallow or adjust any deductions or credits in the Partnership or a Limited Partner's income tax returns, nor shall the General Partner have any personal liability for the repayment of capital contributions of the Limited Partners except as provided in this Agreement. In addition, the General Partner shall not be liable, responsible or accountable in damages or otherwise to any of the Limited Partners or to the Partnership for any act or omission performed or omitted by it in good faith, and in the reasonable belief that such act or omission was within the scope and authority granted to it by this Agreement.
Liability Generally. Neither party shall be responsible for special or consequential or incidental damages (including lost profits) of the other party arising out of such party's performance or non-performance of this Agreement or a Further Agreement, provided 12 that nothing herein shall limit a party's liability for damages (other than the exclusion of special, consequential or incidental damages), including costs of repair and remediation, to its or the other party's Site. Each party shall use all reasonable efforts to minimize its damages caused by the other party.
Liability Generally. Subject only to clause 16.2, the General Partner and its directors, officers, agents, employees and Affiliates shall not be liable, for damages or otherwise, and whether pursuant to this Agreement, in contract, tort (including negligence) or otherwise at law, to the Limited Partnership or any other Partner for any matter relating to the Limited Partnership, or any other act or omission of the General Partner with respect to the Limited Partnership.
Liability Generally. 1. The liability of an entity referred to in this CP for breach of a contract to which the entity is a party, or for any other common law or statutory cause of action, shall be determined under the relevant law in Australia that is recognised, and would be applied, by the High Court of Australia.
2. Where a PKI Entity is legally liable to compensate another party, the liability of the first mentioned PKI Entity will be reduced proportionally to the extent that any act or omission on the part of the other PKI Entity contributed to the relevant liability, loss, damage, cost or expense.
3. The PKI Entities acknowledge that one of the factors that affects their ability to limit their liability is the extent to which they effectively notify the PKI Entity suffering the loss or damage of any limits or limitations on which the entity intends to rely.
4. The provisions set out in this section 2.2 survive the termination of the relevant contract.
1 The sections of heading 2.2 have been significantly expanded from RFC2527.
5. Apart from section 2.2.2 , the liability regime applicable to activities conducted under this CP by the VeriSign CA or the VeriSign RA is not evaluated by NOIE evaluators (Australian Government Solicitor) or accredited by the Competent Authority.
Liability Generally. 12.4.1 This clause 12.4 prevails over all other provisions of this Agreement and states the entire liability of each party to the other under or in connection with this Agreement, whether in contract or in tort (including negligence) or otherwise.
12.4.2 Neither party excludes or limits its liability to the other in negligence in respect of death or personal injury or otherwise insofar as any exclusion or limitation of its liability is void, prohibited or unenforceable by applicable law. This clause 12.4.2 overrides all others in this Agreement.
12.4.3 Subject as expressly otherwise stated in this Agreement, Licensor gives no warranties and makes no representations in relation to the Products, the Support or otherwise in relation to this Agreement. Without limiting the scope of the immediately preceding sentence, any warranty as to quality or fitness for any particular purpose is hereby excluded.
12.4.4 Without limiting the scope of clause 12.4.3, the warranties given in clauses 12.1 and 12.3, relating respectively to intellectual property infringement and Support, are the only warranties given in relation thereto and, subject to clause 12.4.2, clauses 12.1 and 12.3 respectively state Licensor's entire liability, in contract in tort (including negligence) or otherwise, and Licensee's exclusive remedy in respect of breach of such warranties.
12.4.5 Subject to clause 12.4.2, Licensor shall not be liable to Licensee, in contract in tort (including negligence) or otherwise, for: (a) any loss of profit, business revenue, goodwill or anticipated savings; (b) any incidental or consequential loss; or (c) any special, exemplary or consequential damages.
12.4.6 Neither Licensor nor Licensee shall be deemed to be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations to the extent that such delay or non-performance is caused by any event or circumstances beyond its reasonable control (Force Majeure). However the party affected by Force Majeure shall promptly notify the other party thereof in writing and shall use all reasonable endeavours to continue to perform its obligations under this Agreement.
