Liability, Remedies Sample Clauses

Liability, Remedies. 7.1 PJR shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR under the terms of the Agreement. 7.2 In the event PJR materially fails to perform any services as required by the Agreement or otherwise breaches its obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any such failure is to allow PJR, in PJR’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in question. 7.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJR’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by law. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.
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Liability, Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT of liability in excess of such coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provisions of this Agreement or law.
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Liability, Remedies. 10.1 The Provider shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Client harmless from and against, any and all Losses that may be suffered by the Client and which arise, directly or indirectly, in connection with any breach of this agreement by the Provider and/or any negligent or other tortious conduct in the provision of the Services. 10.2 The Client shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Provider harmless from and against, any and all Losses that may be suffered by the Provider and which arise, directly or indirectly, in connection with any breach of this agreement by the Client and/or any negligent or other tortious conduct in the provision of the Services. 10.3 To the maximum extent permitted by law, the Provider and its Representatives expressly: (a) (Disclaimer of warranties) disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Without limitation to the foregoing, the Provider and its Representatives make no representation, and provide no warranty or guarantee, that: (i) the Client will achieve any particular results from the provision of the Services or; (ii) any particular individuals will perform the Services on behalf of the Provider. (b) (Limitation of liability) limit their aggregate liability in respect of any and all Claims for any Losses that the Client and/or any of its Representatives may bring against the Provider under this agreement or otherwise in respect of the Services to the following remedies (the choice of which is to be at the Provider's sole discretion): (i) re-supply of the Services; (ii) payment of the costs of supply of the Services by a third party; or (iii) the refund of any amounts paid by the Client to the Provider under this agreement in respect to the Services, even if the Provider has been advised of the possibility of such Losses, and the Client acknowledges and agrees that the Provider holds the benefit of this clause 10.4 for itself and as agent and trustee for and on behalf of each of its Representatives. 10.4 To the maximum extent permitted by law, the Provider and its Representatives expressly exclude liability for any damage and/or delay in the performance of any obligation of the Provider under this agreement where such...
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Liability, Remedies. Insurance coverage in the amounts set forth herein shall not be construed to relieve Licensee of liability in excess of such coverage, nor shall it preclude Licensor from taking such other actions as are available to it under any other provisions of this Agreement or Law. Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage required by this Agreement or fails to furnish certificates of insurance, such failure shall be deemed a material breach of this Agreement, giving Licensor, in its discretion, the option to terminate this Agreement and obtain damages therefor.
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Liability, Remedies. Marvel’s and Disney’s cumulative liability, if any, and Co-Promotion Partner's or any other party’s sole and exclusive remedy for any loss or damages resulting from any claims, demand, or actions arising out of or relating to the Agreement shall not exceed the total sum of amounts payable to Marvel under the Financials/Payment Section of the Cover Agreement. In no event shall Marvel or any of its affiliates be liable for speculative, indirect, punitive, or special damages, or for the loss of anticipated profits or business interruption, even if Marvel or Disney has been advised of the possibility of such loss or damages and regardless of whether any remedy set forth herein fails of its essential purpose. Co-Promotion Partner shall in no event be entitled to injunctive relief and Marvel and/or Disney shall be entitled to injunctive relief, if necessary, to preserve its goodwill, without requiring the posting of a bond or other similar security.
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Liability, Remedies 
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Related to Liability, Remedies

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Additional Remedies Upon the occurrence and during the continuation of an Event of Default, Secured Party shall have the right and power to: (a) instruct Grantor, at its own expense, to notify any parties obligated on any of the Collateral, including any Account Grantors, to make payment directly to Secured Party of any amounts due or to become due thereunder, or Secured Party may directly notify such obligors of the security interest of Secured Party, and/or of the assignment to Secured Party of the Collateral and direct such obligors to make payment to Secured Party of any amounts due or to become due with respect thereto, and thereafter, collect any such amounts due on the Collateral directly from such Persons obligated thereon; (b) enforce collection of any of the Collateral, including any Accounts, by suit or otherwise, or make any compromise or settlement with respect to any of the Collateral, or surrender, release or exchange all or any part thereof, or compromise, extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder; (c) take possession or control of any proceeds and products of any of the Collateral, including the proceeds of insurance thereon; (d) extend, renew or modify for one or more periods (whether or not longer than the original period) the Obligations or any obligation of any nature of any other obligor with respect to the Obligations; (e) grant releases, compromises or indulgences with respect to the Obligations, any extension or renewal of any of the Obligations, any security therefor, or to any other obligor with respect to the Obligations; (f) transfer the whole or any part of Capital Securities which may constitute Collateral into the name of Secured Party or Secured Party's nominee without disclosing, if Secured Party so desires, that such Capital Securities so transferred are subject to the security interest of Secured Party, and any corporation, association, or any of the managers or trustees of any trust issuing any of such Capital Securities, or any transfer agent, shall not be bound to inquire, in the event that Secured Party or such nominee makes any further transfer of such Capital Securities, or any portion thereof, as to whether Secured Party or such nominee has the right to make such further transfer, and shall not be liable for transferring the same; (g) vote the Collateral; (h) make an election with respect to the Collateral under Section 1111 of the Bankruptcy Code or take action under Section 364 or any other section of Bankruptcy Code; provided, however, that any such action of Secured Party as set forth herein shall not, in any manner whatsoever, impair or affect the liability of Grantor hereunder, nor prejudice, waive, nor be construed to impair, affect, prejudice or waive Secured Party's rights and remedies at law, in equity or by statute, nor release, discharge, nor be construed to release or discharge, Grantor, any guarantor or other Person liable to Secured Party for the Obligations; and (i) at any time, and from time to time, accept additions to, releases, reductions, exchanges or substitution of the Collateral, without in any way altering, impairing, diminishing or affecting the provisions of this Security Agreement, the Loan Documents, or any of the other Obligations, or Secured Party's rights hereunder, under the Obligations. Grantor hereby ratifies and confirms whatever Secured Party may do with respect to the Collateral and agrees that Secured Party shall not be liable for any error of judgment or mistakes of fact or law with respect to actions taken in connection with the Collateral other than as a result of intentional misconduct or gross negligence.

  • Breach; Remedies Failure of either party to perform any obligation of this Contract shall be deemed a breach. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall not exceed $150.00 per hour.

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