Liability Matters. Xxxxx and Seller shall not, and shall cause the Buyer Indemnified Parties and the Seller Indemnified Parties not to, assert or threaten any claim or other method of recovery, in contract, in tort or under statute or other applicable Law, against any Person other than Buyer, Buyer Parent (solely with respect to Sections 3.1(b), 3.2, 8.1, 8.2, 8.3, 8.4, 8.8, 9.17, 13.3 and 14.2(f))
Liability Matters. Working with clay, glazes and kilns can be dangerous. We have made every effort to provide instructional materials, which will teach you how to stay safe. However, you will ultimately be working on your own, without our direct supervision. Therefore, you agree that we are not responsible for any injury sustained, whether to person, pet or property, in the process of your making any ceramic print or other like product as a result of entering into any agreement with us. You further agree that, to the fullest extent permitted by law, we are not liable for any special or consequential damages that may result from the use of, or the inability to use, the materials provided in the training package or on our website even if we have been advised of the possibility of such damages. In no event will be liable for any damages, losses and/or causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) in an amount in excess of the amount paid by you, if any, for accessing this website or paid by you for any training provided by us. We have not and cannot make any guarantee or promises of any kind with respect to the specific results of your efforts. Each person is a unique individual with special talents but also weaknesses. It is impossible for us to know in advance of working with you what ability you may have to produce ceramic hand, foot or pet prints. Accordingly, we make no guarantees of any kind and we are not responsible for the success of your business as a result of having received any training from us and/or the defect of any ceramic prints produced by you. We have not, do not and cannot make any express warranties of any kind or nature with respect to your ability to earn money or produce defect-free products as a result of entering into any training with us. In addition, you agree that you have not relied upon any implied warranties as a condition of entering into training with us and, therefore, to the fullest extent permitted by law, you waive any and all implied warranties which otherwise might apply.
Liability Matters. A Forward Seller shall not have any liability whatsoever for any Underwritten Borrowed Shares that the Forward Seller does not deliver and sell to the Underwriters or any other party if (i) any of the relevant Conditions is not satisfied on or prior to the Closing Date, and such Forward Seller validly elects pursuant to the first sentence of Section 2(d) hereof not to deliver and sell to the Underwriters the Underwritten Borrowed Shares otherwise deliverable on the Closing Date by such Forward Seller hereunder, or (ii) its affiliate Forward Purchaser determines, in good faith and in a commercially reasonable manner, that (A) such Forward Purchaser or its affiliate, as Forward Seller, is unable to borrow and deliver, on the Closing Date, for sale under this Agreement a number of shares of Class A Common Shares equal to the number of the Underwritten Borrowed Shares otherwise deliverable by such Forward Seller on the Closing Date or (B) in such Forward Purchaser’s commercially reasonable judgement either it is impracticable to do so or it or its affiliate, as Forward Seller, would incur a stock loan cost of more than a rate equal to 200 basis points per annum to do so (it being understood that the foregoing exclusion of liability shall not apply in the case of fraud and/or any intentional misconduct).
Liability Matters
