Liability Limitations and Exclusions. Contracts (Rights of Third Parties) Act 1999 (“RTPA99”)
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. 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. 10.2.1 Licensee is solely responsible for obtaining, subscribing, installing, maintaining and operating all adequate software (such as its browser), hardware or other computer equipment or web solution (such as setting-up an internet connection or subscribing to a cloud storage solution), as specified in the User Manual, necessary for the use of the Services. Licensee acknowledges that the internet is not a totally stable or secure environment. As such, Talkwalker may not be held liable for any defects or delays in the Services arising as a result of any problem associated with the internet.
10.2.2 In no event shall Talkwalker be liable towards Licensee or towards any third party for any indirect damage, in particular, but not limited to, damages resulting from the loss of data or loss of profits arising under or in connection with this Agreement, or from or in connection with the use of the Services, or in connection with any other service provided under or in connection with this Agreement.
10.2.3 Talkwalker's total and aggregate liability to the Licensee for any direct damage or claim arising out of or in connection with this Agreement is limited to the total amount of the Fees paid by Licensee to Talkwalker for the three (3) months preceding the date of the (first) event giving rise to such claim.
10.2.4 The Services are dependent on information obtained from third parties and/or via the internet. As such, Talkwalker can neither guarantee nor be held liable for the accuracy, completeness or correctness of any Query Results or of any other information Licensee may have access to in the context of the use of the Services. Any information received through the Services does not constitute professional advice of any sort.
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. 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,
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. Subject to Paragraph 11.3 and the content at the link to which it refers, the Contracts (Rights of Third Parties) Act 1999 (“RTPA99”) does not apply to Terms and no person not party thereto (including any employee, officer, agent, representative or sub-contractor of a party) shall have the right (under RTPA99 or otherwise) to enforce any of its provisions.
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. 12.1 Nothing in this Contract or any Order (including without limitation this clause 12) shall exclude or limit our liability: (a) for death or personal injury caused by our negligence or of our employees, agents or sub- contractors, (b) for fraud or fraudulent misrepresentation, or (c) for any other matter for which applicable law prevents the exclusion or limitation of our liability.
12.2 Under no circumstances whatsoever shall we be liable to you for: (a) any loss of revenue or profits; (b) any loss of anticipated savings; (c) any damage to or loss of goodwill or injury to reputation; (d) any loss or corruption of data or information; (e) any loss of business opportunity; (f) any loss suffered by third parties; or (g) any indirect, consequential, punitive or special loss or damage suffered, in each case, as a result of or in any way connected to this Contract any Order and provision of the Services.
12.3 Subject to clause 12.1, our total aggregate liability to you under or in connection with this Contract and any Order (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall not exceed the total Fees paid by you to us under the relevant Order.
12.4 You shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us which arise from or in connection with any claim made against us by any person (including without limitation any patient) that directly or indirectly uses the Products.
