LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of INSERT AGENCY NAME INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:
LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed twice the total amount paid by Purchaser to Seller under the applicable supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith.
LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the agencies and institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:
LIABILITY ISSUES. 4.1 Any MOUSE MODEL delivered pursuant to this Agreement is understood to be experimental in nature and may have hazardous properties. The PROVIDER makes no representations and extends no warranties of any kind, either expressed or implied. There are no expressed or implied warranties of merchantability or fitness for a particular purpose, or that the use of the MOUSE MODEL will not infringe any patent, copyright, trademark or other proprietary rights.
LIABILITY ISSUES. (1) The TTC hereby indemnifies and agrees to protect and save the City, its appointed elected officials, employees, officers and agents, harmless from and against all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind whatsoever by any person in respect of loss of life, personal injury (including, in all cases, personal discomfort and illness) and loss of or damage to property (the "Claims") and any and all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a third person or otherwise) in respect of such Claims or otherwise, including the costs or expenses of complying with any Environmental Laws (provided that “costs” shall, for the purposes of this section mean those costs awarded in accordance with the order of a court of competent jurisdiction, the order of a board, tribunal or arbitrator or costs negotiated in the settlement of a claim or action) (collectively the “Losses”) which the City or its employees, officers and agents may suffer or incur arising from:
LIABILITY ISSUES. (d) The director may accept private monetary or in-kind donations for the purposes of this section.
LIABILITY ISSUES. 1. Each party shall be individually liable for the operation and maintenance work or services it has performed in respect of the Joint Water System and for any liability arising therefrom, including any physical damage caused to the property of a third party, bodily injury suffered and any other damage caused by the party provided that neither party shall be held responsible for any Losses, whether direct Losses or indirect Losses, resulting if the fulfillment of any of the terms or provisions hereof shall be delayed or prevented by Uncontrollable Circumstance.
LIABILITY ISSUES. Each Council will be liable for any indemnity claim from the Contractor arising as a result of damage attributable to that Council. The following are the high level objectives of the project and criteria for success.
LIABILITY ISSUES. (d) The director shall report the findings and recommendations of the working group to the Legislature no later than one year from the date the working group is convened.
LIABILITY ISSUES. 18.1 Licensee undertakes to procure that the manufacture of the Licensed Products will neither infringe any trade secret, copyright, registered design or other similar right of any third party nor will the sale of the Licensed Products give rise to any claims by any third party and Licensee shall be responsible for any and all defects in the Licensed Products and in no event shall HUGO BOSS be liable for any direct, indirect, special, incidental or consequential damages or any lost revenues or profits or any other damages arising with respect to the Licensed Products, whether based in contract, tort, breach of express or implied warranty, including without limitation, negligence or product liability.
