LIABILITY; LIMITATION OF LIABILITY. 13.1 EXCEPT FOR A BREACH BY EITHER PARTY IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, LOSS OF PROFITS OR OTHER PECUNIARY LOSS); OR FOR ANY LOSSES OR EXPENSES RESULTING FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THE AGREEMENT OR ANY AMENDMENT THERETO, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND INTENTIONAL MISCONDUCT) OR OTHERWISE. IN NO EVENT SHALL REGISTRY BE LIABLE TO CTIA FOR ANY LOSSES OR EXPENSES RESULTING FROM ANY INACCURACY IN OR OMISSION FROM ANY INFORMATION OR DATA SUPPLIED BY CTIA OR ANY CSC SERVICE USER TO REGISTRY IN CONNECTION WITH THE REGISTRY SERVICES PERFORMED BY REGISTRY. THE LIABILITY OF EITHER PARTY TO THE OTHER SHALL NOT EXCEED THE TOTAL AMOUNT OF THE CSCA ROYALTIES PAID BY REGISTRY FOR THE LICENSE OF THE LICENSED MATERIALS GRANTED BY THIS AGREEMENT.
LIABILITY; LIMITATION OF LIABILITY. Reference Article 21 of the Master Purchase and Reseller / Distributor Agreement.
LIABILITY; LIMITATION OF LIABILITY. 17.1.1. Notwithstanding any other provisions of these Terms & Conditions that shall discuss the liability of Paylar and limitation of liability, under no circumstances shall Paylar be liable for any specific, indirect or incidental loss, operating losses, consequential damages, claims by third parties and/or lost data, profits, revenue, customers, goodwill or interest in any other circumstance.
17.1.2. Notwithstanding the foregoing and without thereby limiting liability, you shall indemnify Paylar for any losses or claims, including claims for damages, and for any complaints, legal proceedings or expenses (including, within reasonable limits, lawyers’ fees), including but not limited to any fine or fee imposed on Paylar as a result of your breach of and/or failure to comply with the Agreement and/or all relevant rules, regulations and legislation applicable to you. The foregoing shall apply irrespective of the Agreement being terminated.
17.1.3. No limitation of liability shall be applicable if that shall not be allowed under the applicable law.
17.1.4. Paylar shall not be held liable for the following:
17.1.4.1. for any Payment and loss in relation to such Payment that resulted from the failure to protect the Personalized Security Features required to access your Private Account and/or authorize Payment Order (irrespective of the reason) or from loss, theft or misappropriate of the Personalized Security Features required to access your Private Account and/or authorize Payment Order or breach into your Private Account for which Paylar is not liable;
17.1.4.2. for late receipt of funds by the payee of the Payment Order if Paylar duly and timely executed the Payment Order;
17.1.4.3. errors, delays, suspension of funds and discrepancies that occurred by third parties beyond Paylar control;
17.1.4.4. breach of any Paylar obligations caused by third parties beyond Paylar control;
17.1.4.5. for any consequences resulting from the termination of the Agreement, suspension of Services or delay of Payment by Paylar if Paylar acted in accordance of the Agreement and applicable law;
17.1.4.6. for breach of the Agreement and/or any and all damages that occurred because of Paylar compliance with the applicable law and/or court order and/or order by other state authorities.
LIABILITY; LIMITATION OF LIABILITY. (1) THE PARTIES SHALL BE LIABLE TO EACH OTHER WITHOUT LIMITATION IN THE CASE OF DELIBERATE INTENT, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE FOR AL X X GE CAUSED BY THEM OR THEIR STATUTORY REPRESENTATIVES OR VICARIOUS AGENTS.
(2) IN THE CIASE OF ORDINARY NEGLIGENCE, THE PARTIES SHALL BE LIABLE W THOUT LIMITATION ONLY IN THE CASE OF INJURY TO LIFE, LIMB OR HEALTH.
(3) EXCEPT AS EXPRESSLY PROVIDED HERE N A PARTY SHALL ONLY BE L ABLE FOR DAMAGES ARISING OUT OF THE BREACH OF A FUNDAMENTAL CONTRACTUAL DUTY, ANY BREACH OF WHICH WOULD JEOPARDIZE THE PURPOSE OF THIS AGREEMENT (A “CARDINAL DUTY”). LIABILITY FOR BREACH OF A CARDINAL DUTY SHALL BE LIMITED TO THE REIMBURSEMENT OF THE FORESEEABLE DAMAGES WHICH TYPICALLY ARISE OUT F THE BREACH OF SUCH A DUTY. PURSUANT TO § 536a BGB – German Civil Code, 1000GRAD EXPRESSLY DISCLAIMS ALL LIABILITY, IRRESPECTIVE OF FAULT, FOR DAMAGES ARISING OUT OF DEFECTS PRESENT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT, EXCEPT THAT SECTIONS 6(1) AND 6(2) SHALL REMAIN UNAFFECTED.
(4) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT THE PARTY IS ADVISED OF OR MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES.
(5) EACH PARTY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID OR PAYABLE BY THE CUSTOMER TO 1000GRAD FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, AND IN NO EVENT SHALL EITHER PARTY’S LIABILITY EXCEED ONE MILLION DOLLARS.
LIABILITY; LIMITATION OF LIABILITY. 19.1 DIRECT DAMAGES 19.2 CONSEQUENTIAL DAMAGES 19.3 EXCLUSIONS
LIABILITY; LIMITATION OF LIABILITY. Subject to clause 10.2 below, the Service Provider's total aggregate liability in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with this Contract, shall in no event exceed the amount set out in Schedule 1. Notwithstanding any other provision of this Contract neither party limits or excludes its liability for: fraud or fraudulent misrepresentation; death or personal injury caused by its negligence; breach of any obligation as to title implied by statute; or any other act or omission, liability for which may not be limited under any applicable law. The Service Provider shall, and shall procure that its officers, employees, agents and any other persons who perform services for or on behalf of it in connection with this Contract shall: comply with all applicable Anti-Bribery Laws; and not offer, promise, give, request, agree to receive, receive or accept a bribe or financial or other advantage or commit any corrupt act. The Service Provider shall keep, for a minimum of six years and at its normal place of business, detailed, accurate and up to date records and books of account showing all services provided to LS; all payments made and received and all other advantages given and received by the Service Provider in connection with this Contract and the steps taken by the Service Provider to comply with Anti-Bribery Laws. The Service Provider shall ensure that those records and books of account are sufficient to enable LS to verify the Service Provider’s compliance with this clause 11.
LIABILITY; LIMITATION OF LIABILITY. To the maximum extent permitted by law, Diesel Productions shall not be liable for any loss or damage caused to Customer and its persons, property, equipment to, or by, third parties in respect of the provision of the Services and the Customer agrees to indemnify Diesel Productions accordingly Neither party shall be liable to the other for any Consequential Loss. Under no circumstances shall the liability of Diesel Productions to the Customer exceed the Diesel Productions Fee for Claims arising under this Agreement.
LIABILITY; LIMITATION OF LIABILITY. You are liable for all transactions you or your authorized representatives make even if that person exceeds his or her authority. You will be responsible for any xxxx payment request containing errors or a duplicate request. In addition to, and not limitation of, the Limitation of Liability provided in Section 25 below and limitations elsewhere in this Agreement we are not responsible for a xxxx payment that is not made if you did not properly follow the instructions for making such a xxxx payment. We are not liable for any failure to make a xxxx payment if you fail to promptly notify us after you learn that you did not receive credit from a payee for a xxxx payment. We are not responsible for your acts or omissions, or those of any other authorized person including, without limitation, any related transmission or communication. No such party shall be deemed to be the Bank’s agent. We will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Xxxx Pay Service. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the our reasonable control.
LIABILITY; LIMITATION OF LIABILITY. 10.1 Koppert is liable for damage as a result of defects in the Natural Enemies, Pollinators and Products delivered, or as a result of incorrect Advice and Services, insofar as this is caused by intent or gross negligence on the part of Koppert.
10.2 Koppert is only be obliged to pay damage which is the immediate and direct result of defects in the Natural Enemies, Pollinators, and Products delivered. Specifically, the obligation to pay damages shall not cover damage as a result of loss of harvest, crop damage and/or damage due to deterioration of the structure of the soil. The payments of damages claimed shall not exceed the maximum referred to in paragraph 3 of this article.
10.3 Except in the case referred to under paragraph 1 of this article, Xxxxxxx’x liability with respect to the Natural Enemies, Pollinators and Products delivered, as well as Services and Advice provided shall be limited to delivery of new Natural Enemies, Pollinators and/or Products free, or to reimbursement of 100% of the invoice amount or the portion thereof to which the damage relates, in case of a shortcoming attributable to Koppert, other than as a result of exceeding a delivery term. This choice will be at Xxxxxxx’x discretion.
10.4 Koppert is not liable with regard to the Buyer in a limitative sense if: • damage occurs due to improper use of the Natural Enemies, Pollinators and/or Products or as a result of defects attributable to the Buyer in its operation or methods, or as a result of the use of substances or pest control method(s) harmful to the Natural Enemies, Pollinators and/or Products; • damage occurs due to the use of data provided by or on behalf of the Buyer which subsequently proves to be incorrect or incomplete; • damage results from circumstances unforeseeable to Koppert. Unforeseeable shall mean any circumstance not expressly mentioned by the Buyer in reference to Xxxxxxx’x liability when the agreement was entered into; • The Buyer fails to pass on all stipulations, instructions, Advice, and manuals, received from Koppert concerning the Natural Enemies, Pollinators and/or Products mentioned by the Buyer in reference to Xxxxxxx’x liability when the agreement was entered into to any potential further purchasers; • the Buyer uses the Natural Enemies/Pollinators and/or Products delivered outside the business or for personal purposes; • damages arise as a result of third party products delivered by Xxxxxxx at the Buyer’s request, excepting in cases of intent or gros...
LIABILITY; LIMITATION OF LIABILITY. The liability of the Seller for damages, regardless on which legal grounds such claims may be based, particularly but not limited to the impossibility of performance, default, defective or wrong delivery, breach of Contract, culpa in contrahendo or tort, shall be limited according to the stipulations of this article. The Seller shall not be liable for any damages or losses in cases of slight negligence unless the negligence takes place in regard to essential contractual duties. Such essential duties inter alia are: timely delivery; the absence of such defects which significantly affect its usability; core information obligations to protect the customer from damages. This limitation of liability shall also apply to the executives, legal representatives, employees and agents of the Seller. The limitations of liability in this article do not apply in cases of willful intent, express guarantees, personal bodily harm or death or for claims based on the Product Liability.
