Liability of Licensor. If Licensor is found by a court of law to have failed to perform its obligations in accordance with any of the provisions of this Agreement, any money judgment resulting from such failure shall be satisfied only out of Licensor’s interest in the Premises, and Licensor, Manager, and their respective directors, employees, agents or principals, shall have no personal liability hereunder. Furthermore, none of the foregoing parties shall be subject to levy, attachment, or execution, or otherwise sued to satisfy any such judgment. Licensee hereby waives any right to satisfy a judgment against Licensor except from Licensor’s interest in the Premises. The term “Licensor”, as used in this paragraph, shall mean only the Licensor at the time in question of the fee title or interest in a ground lease of the Premises, and in the event of any transfer of such title or interest, Licensor herein named (and in case of any subsequent transfers, the then grantor) shall be relieved from and after the date of such transfer of all liability with respect to Licensor’s obligations thereafter to be performed.
Liability of Licensor. The Licensor shall not be liable for any property on the premises damaged by gas, water, steam, rain or snow which may leak, issue or flow into the premises from the building of which the premises forms part and shall not be liable for any injury to the Licensee or other occupants of the premises resulting from their stepping or falling on water, snow or ice in or about the building of which the premises form part unless such injury happened by reason of the negligence of the Licensor, its employees or agents, nor shall the Licensor be liable for damage to property in or about the premises arising from fire within or without the building of which the premises form part or, from heat or smoke or water resulting from such fire unless damage happened by reason of the negligence of the Licensor, its employees or agents. The Licensor shall not be liable for any damage or loss howsoever caused to any goods or property belonging to or held by the Licensee, their guests or invitees, stored in community storage areas either within or without the premises or in any compound enclosure or other area designated for such storage.
Liability of Licensor. 6.1 Licensor’s liability for damages is exclusively governed by Licensor’s General Terms and Conditions.
6.2 Licensee is solely responsible for using the Software Product and for the accuracy and adequacy of information and data furnished for processing of the Software Product.
Liability of Licensor a) The Licensor agrees to maintain the Mooring Facilities according to RMS requirements, including servicing the Mooring Facility on an annual basis, and
b) The Licensee agrees and acknowledges that the Licensor shall not be liable for the care and protection of the Craft or its fittings and contents and shall not be liable for any loss or damage (including consequential loss or damage) however caused which may have suffered or incurred or which may arise directly or indirectly by or in respect of the Craft or its fittings or contents. To the full extent permitted by law, all implied terms and conditions are hereby excluded. Where an implied term cannot be excluded, the liability of the Licensor is limited (to the extent permitted by law) to the resupply of the affected goods or services or the cost of resupply of those goods or services.
Liability of Licensor. LICENSOR shall not be subject to recourse liability in respect of any provisions of this Agreement. The LICENSEE shall look solely to the equity of LICENSOR in the Building and the rents, issues, and profits derived therefrom for the satisfaction of the remedies of LICENSEE hereunder. It is mutually agreed that this clause is and shall be considered an integral part of this Agreement. Such exculpation of personal liability is absolute and without any exception whatsoever.
Liability of Licensor. (1) Licensor shall have unlimited liability in the event of intent and gross negligence of Licensor or Licensor’s agents; in all other respects, liability shall be limited and/or excluded in accordance with the following provisions.
(2) Licensor shall only be liable for slight negligence of Licensor or Licensor’s agents if an obligation which is of particular importance for realizing the objective of this Agreement is infringed upon (i.e. a material duty). In this case, liability shall be limited to the contractually relevant, foreseeable damage or loss; in all other cases, liability for slight negligence shall be excluded in its entirety. Licensee shall point out to Licensor in writing any special risks, any atypical possibilities of sustaining damages and any extraordinary amounts of damages that may be sustained. Licensor shall, however, be exempted from any liability for consequential damages, for lack of economic success, for indirect damages, and for damages resulting from claims of third parties, in particular such damages resulting from the use of the Licensed Software for the development of other software. Licensor’s liability does not include any compensation for damages of a hardware product in which the Licensed Software is incorporated or caused by such a hardware product. Furthermore, Licensor’s liability under this subparagraph is limited to the maximum amount equal to the license fees for the Licensed Software.
(3) Licensor shall not be liable beyond the bounds set forth under subparagraph (1) and (2), except for insufficient quality of the software through Licensor’s own fault or through the fault of its agents, but only if essential functions of the supplied software are affected by such insufficient quality of the software, and for any other breach or nonperformance of duties essential for the performance of this agreement through Licensor’s own fault or through the fault of its agents.
(5) The same limitations of licensor's liability as set forth under the foregoing subparagraph (2) shall apply to any culpable breach of duties under this agreement committed by ordinary agents.
(6) Licensor's liability for a breach of guarantees, under the Product Liability Act and for death, personal injury or damage to health caused by intent or negligence shall remain unaffected by the foregoing provisions.
Liability of Licensor. Licensor shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from any use of the Premises by Licensee, its agents, employees or invitees or caused by or arising from any act or omission of Licensee, or any of its agents, employees or invitees, unless such loss, damage or injury is a result of the gross negligence or willful misconduct of Licensor.
Liability of Licensor. 23. The Provider is not responsible for the unavailability of Pinf Hry because of an Internet connection failure. Also, it is not responsible for the loss of user and acquirer's data.
24. With respect to a group of users, the use of Pinf Hry may affect the behaviour and conduct of users or induce a psychological or physical response to the use of Pinf Hry, and the Provider is not responsible for the impact of using Pinf Hry on users.
25. The Provider assumes no responsibility for damages incurred in any connection with the use or inability to use Pinf Hry or their mistakes.
26. The Provider is not responsible for Xxxx Xxx's mistakes due to misuse (e.g. deletion, overwriting, virus attack), third-party errors or events for which the third person is responsible, or for errors caused by an irreversible event.
27. Likewise, the provider is not responsible for the accuracy of the results and data obtained when using Pinf Hry in specific cases, if the nature of the errors is obvious, i.e., errors that can be detected by the usual checking of the whole procedure with the computer program.
Liability of Licensor. 8.1 The Licensee acknowledges that the Licensor does not in any way warrant the accuracy or completeness of the Data, and Licensor shall not be liable for any loss or damage howsoever arising out of or in connection with this Licence (or the QuickAddress Licence of which it forms part) or its termination.
8.2 The Licensee acknowledges that the Licensor is not liable in any way in respect of the products and or services provided by EDQ or EDQ’ agents (as the case may be) to the Licensee.
Liability of Licensor. Licensor shall not be responsible or liable for, and Licensee hereby expressly waives, all claims against Licensor for injury to persons or damage to Licensee’s property in the Storage Area, except in the case of the negligence or willful misconduct of Licensor, or Licensor’s members, principals, beneficiaries, partners, officers, directors, employee or agents each a “Licensor Party”).
