Liability Limitations and Exclusions Sample Clauses
The Liability Limitations and Exclusions clause sets boundaries on the amount and types of damages one party can recover from the other under the contract. Typically, this clause restricts liability for indirect, incidental, or consequential damages and may cap the total financial exposure to a specified amount, such as the contract value or insurance coverage. Its core function is to allocate and manage risk between the parties, ensuring that neither side faces unlimited or unforeseen financial consequences from breaches or failures under the agreement.
Liability Limitations and Exclusions. (a) ▇▇▇▇▇’▇ sole obligation with respect to Direct Credit is to initiate issuance of credit via ACH to Customer’s accounts at Customer’s Bank in the amount of the Declared Value and, if applicable, to issue ACH credit or process ACH debits for Variances. In no event ▇▇▇▇ ▇▇▇▇▇’▇ be liable for the delay, failure, or refusal by Customer’s Bank to issue such credit or any other act or omission of Customer’s Bank.
(b) Unless otherwise explicitly set out in this Agreement, neither party’s liability to the other party for any damages in connection with this Agreement, whether as a result of breach of contract, tort, indemnity, warranty or otherwise, shall, under any circumstances, include special, incidental, consequential, indirect or punitive losses or damages (including but not limited to lost profits and interest), whether or not caused by the fault or neglect of that party and whether or not that party had knowledge that such losses or damages might be incurred.
(c) ▇▇▇▇▇’▇ shall not be liable for non-performance or delays of service caused by internet or communication network outages, pandemics, strikes, lockouts or other labor disturbances, riots, authority of law, acts of God, fire, flood, tornado, hurricane, earthquake or other events beyond Brink’s control.
(d) ▇▇▇▇▇’▇ shall not be liable for Loss, liability or expenses directly or indirectly caused by, contributed to, resulting or arising from any negligence, criminal acts or fraud by Customer, Customer’s Representatives or any other party acting on the Customer’s behalf.
(e) Notwithstanding anything to the contrary, but expressly excluding Loss as further addressed and limited under Section 6(f), Brink’s total liability related to this Agreement for any reason, whether in tort, contract, warranty or otherwise, shall be limited to actual direct damages not to exceed the total Fees paid or payable by Customer for the impacted Service Locations in the twelve (12) months before such claim arises.
Liability Limitations and Exclusions. (a) Brink’s liability for a Change Order shall terminate when the Change Order has been delivered to the designated Service Location and a receipt has been signed by Customer.
(b) Brink’s liability for a Change Order is limited to the lesser of: (i) Five Thousand Dollars ($5,000.00); (ii) the actual value of the Change Order; and (iii) Customer’s requested value of the Change Order in Brink’s 24SEVEN.
(c) All Change Orders must be verified by the recipient upon delivery. In the event of a loss or discrepancy pertaining to Change Orders, Customer shall notify Brink’s within one (1) Business Day of delivery and such loss or discrepancy shall be subject to the process described under the ‘Loss Claims and Investigations’ Section of the Agreement.
Liability Limitations and Exclusions. Contracts (Rights of Third Parties) Act 1999 (“RTPA99”)
Liability Limitations and Exclusions. (a) Brink’s liability for a Change Order shall terminate when the Change Order has been delivered to the designated Service Location and a receipt has been signed by Customer.
(b) All Change Orders must be verified by the recipient. In the event of a Loss or discrepancy pertaining to Change Orders, Customer shall notify Brink’s in accordance with the ‘Loss Claims and Investigations’ Section of the Agreement.
Liability Limitations and Exclusions. 7.1 EACH PARTY’S AGGREGATE LIABILITY FOR DAMAGES INCURRED BY THE OTHER PARTY IN RESPECT OF ANY AND ALL CLAIMS AND LIABILITIES HOWSOEVER ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT AND NOT SPECIFICALLY EXCLUDED IN ACCORDANCE WITH SECTION 7.3, SHALL BE LIMITED TO A TOTAL AMOUNT THAT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR SERVICE CREDITS IN THE TWELVE MONTHS IMMEDIATELY PRECEEDING THE NOTIFICATION OF THE CLAIM.
7.2 SUBJECT TO SECTION 7.3, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 NOTHING SHALL LIMIT EITHER PARTY’S LIABILITY FOR ITS WILFUL MISCONDUCT OR FOR WILFUL BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR FOR THE INFRINGEMENT OR MISAPPROPRIATION OF THE INTELLECTUAL PROPERTY RIGHTS OF THE OTHER PARTY.
7.4 YOU ACKNOWLEDGE THAT YOU WILL BE FULLY AND SOLELY RESPONSIBLE FOR THE CONTENT CIRCULATING ON THE SERVER USING THE AIRLINK MANAGEMENT SERVICE INCLUDING ANY INFORMATION OR DATA OWNED BY YOU OR YOUR USERS AND USED WITH THE AIRLINK MANAGEMENT SERVICE AND THE SYSTEMS. YOU ASSUME ANY AND ALL RISKS LINKED TO THE USE OF ANY CONTENT WITH THE SYSTEMS OR MORE GENERALLY THE AIRLINK MANAGEMENT SERVICE BY YOU OR YOUR USERS.
7.5 THE PARTIES AGREE THAT THE AMOUNTS DUE UNDER THIS AGREEMENT ARE SUBJECT TO THESE LIMITATIONS AND THAT THIS SECTION 7 FORMS AN ESSENTIAL PART OF THE AGREEMENT OF THE PARTIES.
7.6 WE SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, AND/OR THE SERVER AND/OR THE AIRLINK MANAGEMENT SERVICE; WE SHALL IN NO EVENT BE LIABLE FOR INTERRUPTION OF OR FAILURE OF ANY THIRD PARTY NETWORK. FOR THE PURPOSE OF THIS SECTION, THIRD PARTY NETWORK SHALL MEAN ANY NETWORK WHICH IS NOT UNDER OUR CONTROL FOR THE PROVISION OF THE AIRLINK MANAGEMENT SERVICE.
Liability Limitations and Exclusions. 14.1 Subject to no exceptions whatsoever, either Party shall be fully liable for damages (i) caused by intent or gross negligence, (ii) and for damages to life, limb or health, and (iii) subject to mandatory liability by law.
Liability Limitations and Exclusions. 10.1 Nothing in the Agreement shall limit or exclude either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’ negligence, nor for any other liability which cannot by law be excluded or limited.
10.2 Three shall not be liable to the Customer for any direct, indirect, special, incidental or consequential loss (including loss of profit) (whether or not foreseeable) arising as a result of (a) any unauthorised third party access to the 3Connect Services; or (b) the suspension or termination of the 3Connect Services (as permitted by the Agreement); or (c) the failure of the 3Connect Services due to the incompatibility of the 3Connect Services with any Customer equipment or technology not provided by Three.
10.3 Except as set out in any indemnity provided in the Agreement and the Clause 10 and except for the requirements for the Customer to pay all Charges due to Three under the Agreement, each party’s aggregate liability to the other party with respect to the Agreement for any claims arising in any annual term of the Agreement (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed 100% of the Charges paid or payable in that annual term.
10.4 Neither party will be liable to the other for any indirect loss or for any loss of profits, anticipated savings, business, contracts, revenue, time or goodwill or loss of data whether in contract, tort, arising as a result of breach of the Agreement, negligence or breach of statutory duty or otherwise or the cost of procuring substitute goods or services.
Liability Limitations and Exclusions. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN OR IN CL’S END-USER WARRANTY FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY UROPLASTY, ITS CUSTOMERS OR OTHERS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE CL PRODUCT, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Limitations and Exclusions. We will not be liable (except as far as is necessary to meet the requirements of the Road Traffic Acts) for:
1.3.1 loss or damage to the Insured Vehicle, trailer attached to the Insured Vehicle or a vehicle being towed by the Insured Vehicle;
1.3.2 any amount above €2,500,000 in respect of any one event giving rise to damage to property arising out of or in connection with the use of any insured Commercial Vehicle of which a Certificate of Motor Insurance has been issued;
1.3.3 any amount above €30,000,000 in respect of any one event giving rise to damage to property arising out of or in connection with the use of any insured Private Car of which a Certificate of Motor Insurance has been issued;
1.3.4 property or goods belonging to (or in the care of) you or your passengers or being carried in or on any trailer or vehicle being towed;
1.3.5 death or injury to the person driving or in charge of the Insured Vehicle or to any person being carried in or, getting into or out of, or getting onto or off, a trailer or vehicle being towed;
1.3.6 loss or damage to any weighbridge, viaduct, road or other surface over which the vehicle is driven, or anything under the surface caused by the weight or vibration of the Insured Vehicle or its load;
1.3.7 loss, damage or liability caused by pollution or contamination as a result of any load seeping from the Insured Vehicle or any load spilling from, or shifting in, the Insured Vehicle;
1.3.8 legal liability when you are towing the trailer or broken-down vehicle for hire and reward;
1.3.9 liability for death, injury or damage when the Insured Vehicle is not on a public road and is in the process of being loaded or unloaded by any person other than the driver or attendant of the Insured Vehicle;
1.3.10 liability for death, injury or damage resulting from using the Insured Vehicle, or of machinery attached to it, as a tool of trade;
1.3.11 liability for death or injury to any employee of the person insured arising during the course of their employment;
1.3.12 any claim resulting from carrying, preparing, selling or supplying of any goods, food or drink from the Insured Vehicle;
1.3.13 in respect of the death of or bodily injury to any person (including any passenger) sustained while in or on any trailer, semi trailer or caravan, covered by this Policy, whether coupled to the Insured Vehicle or otherwise;
1.3.14 in respect of the death of or bodily injury to any person or damage to property directly or indirectly caused by or ...
Liability Limitations and Exclusions. 8.1 The Parties warrant and undertake that they have the right to enter into this Agreement.
8.2 Nothing in this Agreement excludes or limits the liability of either Party:
8.2.1 for death or personal injury caused by that Party’s negligence; or
8.2.2 for fraud or fraudulent misrepresentation; or
8.2.3 to the extent that such liability cannot be limited or excluded by law.
8.3 Subject to Clause 8.1, in no event will the Supplier be liable for any use of the Dataset by the Recipient, whether in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever arising.
8.4 The Recipient acknowledges that the Dataset is provided “as is” and the Supplier hereby excludes to the fullest extent permitted by law all terms, conditions and warranties which, by virtue of statute,