Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. a) This clause sets out and limits the legal liability of the University or its officers, employees, agents or subcontractors (including UPP) to me. The University is responsible to me for foreseeable loss and damage caused by it failing to carry out its obligations under this Contract to a reasonable standard or breaching any relevant duties that are owed to me by law, unless that loss is attributable to my own fault or the fault of a third party. b) Nothing in this clause limits liability arising from: i) Death or personal injury caused by the negligence of the University or its officers, employees, agents or subcontractors; or ii) Fraud or fraudulent misrepresentation. c) The University and its officers, employees, agents and subcontractors shall not be liable and expressly exclude liability to the fullest extent allowed by law for: i) Damage to, theft and/or loss of property (including but not limited to personal belongings, IT equipment, bicycles, vehicles or art work) unless caused by the negligence of the University or its officers, employees, agents or subcontractors; ii) Loss attributable to a breach of any procedural requirement detailed in this Contract or any other policy, procedure or regulation, if such loss would have arisen had the procedural requirement been met; iii) Death or personal injury that is not caused by the negligence of the University or its officers, employees, agents or subcontractor; iv) Changes to the law that require a change of this Contract; and v) Indirect or consequential loss, loss of opportunity and loss of income or profit, however arising. vi) Any liability of the University and/or of UPP in contract, tort, breach of statutory duty, misrepresentation or any other liability, however arising, is limited to the greater of the value of the total Rent for the Period of Residency or the amount, if any, that the University or UPP receives from its insurers in respect of that particular loss. d) Further, the University will not be in breach of this agreement or liable to me for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or XXX’s control which could not have been foreseen or prevented even if the University or UPP had taken reasonable care. Matters outside the University’s and XXX’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and UPP will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract. e) The University or UPP is not liable to repair any damage caused by you unless the cost is met by insurance or by me (any excess on the policy being payable by me). This clause shall not apply where the University or UPP has an overriding statutory obligation to affect repairs or to make the Hall safe. Nothing in this clause shall prevent the University or UPP from

LIMITATION AND EXCLUSION OF LIABILITY. a) This clause sets out and limits the legal liability Neither we nor any of the University our affiliated companies, nor any of our or its their officers, directors, employees, or agents will be liable for delays or subcontractors (failure to perform repairs due to circumstances beyond our reasonable control, including UPP) to melabor strikes or disputes, natural catastrophes, civil disturbances, weather, material shortages, terrorism, unusual work loads, acts of God, fire, flood, acts of any governmental body, or any other cause beyond our or their reasonable control. The University is responsible to me Our liability and their liability, in total, for foreseeable loss and damage damages caused by it failing to carry or arising out its obligations under this Contract to a reasonable standard or breaching any relevant duties that are owed to me by law, unless that loss is attributable to my own fault or the fault of a third party. b) Nothing failure to perform the service covered by the IWP/HWP Plan in this clause limits liability arising from: a proper and timely manner, shall in no event exceed the lesser of (i) Death $100, or personal injury caused (ii) the actual cost to repair, replace or install the Standard Inside Wire and Covered Components (except to the extent additional monetary remedies are provided for in the Dispute Resolution by the negligence Binding Arbitration provision below). Neither we nor any of the University our affiliated companies, nor any of our or its their officers, directors, employees, or agents will be responsible or subcontractors; or ii) Fraud liable for defacement or fraudulent misrepresentation. c) The University damage to customer premises occasioned by drilling of holes, or in the attachment and its officersremoval of wiring and equipment with standard screws, employeesstaples, agents hooks, fasteners and subcontractors adhesives when performed in a workmanlike manner. NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS DIRECTLY OR INDIRECTLY ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF SERVICES COVERED UNDER THE INLINE/HWP PLAN. IN ADDITION, NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS FOR THE MALFUNCTIONING OR NON- FUNCTIONING OF ANY APPARATUS CONNECTED TO YOUR INSIDE WIRE, SUCH AS AUTOMATIC DIALERS, FIRE AND BURGLAR ALARMS, METERS, SENSORS, ANSWERING DEVICES, TELEVISIONS, PERSONAL COMPUTERS, AND TELEPHONES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OR EXCLUSIONS IN THE SECTIONS ABOVE ENTITLED “LIMITED WARRANTY” AND “LIMITATION AND EXCLUSION OF LIABILITY” MAY NOT APPLY TO YOU. All disagreements and disputes between you and AT&T, of every kind, if not resolved by negotiations, shall not be liable resolved by arbitration. Summary of Arbitration Agreement (which is set forth below in detail): Most customer concerns can be resolved quickly and expressly exclude liability to the fullest extent allowed customer’s satisfaction by law for: i) Damage tocalling AT&T’s customer service center. In the unlikely event that AT&T’s customer service center is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), theft and/or loss we each agree to resolve those disputes through binding arbitration or small claims court instead of property (including but in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not limited to personal belongingspermitted. For any non-frivolous claim that does not exceed $75,000, IT equipment, bicycles, vehicles or art work) unless caused by the negligence we will pay all costs of the University arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or its officers, employees, agents or subcontractors; ii) Loss attributable to a breach of any procedural requirement detailed in this Contract or any other policy, procedure or regulation, her reasonable attorneys’ fees if such loss would have arisen had the procedural requirement been met; iii) Death or personal injury arbitrator awards you an amount that is not caused by greater than what we have offered you to settle the negligence of the University or its officers, employees, agents or subcontractor; iv) Changes to the law that require a change of this Contract; and v) Indirect or consequential loss, loss of opportunity and loss of income or profit, however arisingdispute. vi) Any liability of the University and/or of UPP in contract, tort, breach of statutory duty, misrepresentation or any other liability, however arising, is limited to the greater of the value of the total Rent for the Period of Residency or the amount, if any, that the University or UPP receives from its insurers in respect of that particular loss. d) Further, the University will not be in breach of this agreement or liable to me for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or XXX’s control which could not have been foreseen or prevented even if the University or UPP had taken reasonable care. Matters outside the University’s and XXX’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and UPP will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract. e) The University or UPP is not liable to repair any damage caused by you unless the cost is met by insurance or by me (any excess on the policy being payable by me). This clause shall not apply where the University or UPP has an overriding statutory obligation to affect repairs or to make the Hall safe. Nothing in this clause shall prevent the University or UPP from

LIMITATION AND EXCLUSION OF LIABILITY. a) This clause sets out and limits the legal liability Neither we nor any of the University our affiliated companies, nor any of our or its their officers, directors, employees, or agents will be liable for delays or subcontractors (failure to perform repairs due to circumstances beyond our reasonable control, including UPP) to melabor strikes or disputes, natural catastrophes, civil disturbances, weather, material shortages, terrorism, unusual workloads, acts of God, fire, flood, acts of any governmental body, or any other cause beyond our or their reasonable control. The University is responsible to me Our liability and their liability, in total, for foreseeable loss and damage damages caused by it failing to carry or arising out its obligations under this Contract to a reasonable standard or breaching any relevant duties that are owed to me by law, unless that loss is attributable to my own fault or the fault of a third party. b) Nothing failure to perform the service covered by the IWP Plan in this clause limits liability arising from: a proper and timely manner, shall in no event exceed the lesser of (i) Death $100, or personal injury caused (ii) the actual cost to repair, replace or install the Standard Inside Wire and Covered Components (except to the extent additional monetary remedies are provided for in the Dispute Resolution by the negligence Binding Arbitration provision below). Neither we nor any of the University our affiliated companies, nor any of our or its their officers, directors, employees, or agents will be responsible or subcontractors; or ii) Fraud liable for defacement or fraudulent misrepresentation. c) The University damage to customer premises occasioned by drilling of holes, or in the attachment and its officersremoval of wiring and equipment with standard screws, employeesstaples, agents hooks, fasteners and subcontractors adhesives when performed in a workmanlike manner. NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS DIRECTLY OR INDIRECTLY ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF SERVICES COVERED UNDER THE IWP PLAN. IN ADDITION, NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS FOR THE MALFUNCTIONING OR NON-FUNCTIONING OF ANY APPARATUS CONNECTED TO YOUR INSIDE WIRE, SUCH AS AUTOMATIC DIALERS, FIRE AND BURGLAR ALARMS, METERS, SENSORS, ANSWERING DEVICES, TELEVISIONS, PERSONAL COMPUTERS, AND TELEPHONES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OR EXCLUSIONS IN THE SECTIONS ABOVE ENTITLED “LIMITED WARRANTY” AND “LIMITATION AND EXCLUSION OF LIABILITY” MAY NOT APPLY TO YOU. All disagreements and disputes between you and AT&T, of every kind, if not resolved by negotiations, shall not be liable resolved by arbitration. Summary of Arbitration Agreement (which is set forth below in detail): Most customer concerns can be resolved quickly and expressly exclude liability to the fullest extent allowed customer’s satisfaction by law for: i) Damage tocalling AT&T’s customer service center. In the unlikely event that AT&T’s customer service center is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), theft and/or loss we each agree to resolve those disputes through binding arbitration or small claims court instead of property (including but not in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to personal belongings, IT equipment, bicycles, vehicles or art work) unless caused very limited review by courts. Arbitrators can award the negligence of the University or its officers, employees, agents or subcontractors; ii) Loss attributable to same damages and relief that a breach of any procedural requirement detailed in this Contract or any other policy, procedure or regulation, if such loss would have arisen had the procedural requirement been met; iii) Death or personal injury that is not caused by the negligence of the University or its officers, employees, agents or subcontractor; iv) Changes to the law that require a change of this Contract; and v) Indirect or consequential loss, loss of opportunity and loss of income or profit, however arising. vi) court can award. Any liability of the University and/or of UPP in contract, tort, breach of statutory duty, misrepresentation or any other liability, however arising, is limited to the greater of the value of the total Rent for the Period of Residency or the amount, if any, that the University or UPP receives from its insurers in respect of that particular loss. d) Further, the University will not be in breach of this agreement or liable to me for loss arising from delay in performing or failing to perform its obligations arbitration under this agreement if such delay or failure results from matters outside the University’s or XXX’s control which could not have been foreseen or prevented even if the University or UPP had taken reasonable care. Matters outside the University’s and XXX’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and UPP Agreement will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract. e) The University or UPP is not liable to repair any damage caused by you unless the cost is met by insurance or by me (any excess take place on the policy being payable by me). This clause shall not apply where the University or UPP has an overriding statutory obligation to affect repairs or to make the Hall safe. Nothing in this clause shall prevent the University or UPP fromindividual basis;

LIMITATION AND EXCLUSION OF LIABILITY. ‌ a) This clause sets out and limits the legal liability of the University or its officers, employees, agents or subcontractors (including UPP) to me. The University is responsible to me for foreseeable loss and damage caused by it failing to carry out its obligations under this Contract to a reasonable standard or breaching any relevant duties that are owed to me by law, unless that loss is attributable to my own fault or the fault of a third party. b) Nothing in this clause limits liability arising from: i) Death or personal injury caused by the negligence of the University or its officers, employees, agents or subcontractors; or ii) Fraud or fraudulent misrepresentation. c) The University and its officers, employees, agents and subcontractors shall not be liable and expressly exclude liability to the fullest extent allowed by law for: i) Damage to, theft and/or loss of property (including but not limited to personal belongings, IT equipment, bicycles, vehicles or art work) unless caused by the negligence of the University or its officers, employees, agents or subcontractors; ii) Loss attributable to a breach of any procedural requirement detailed in this Contract or any other policy, procedure or regulation, if such loss would have arisen had the procedural requirement been met; iii) Death or personal injury that is not caused by the negligence of the University or its officers, employees, agents or subcontractor;subcontractor;‌ iv) Changes to the law that require a change of this Contract; and v) Indirect or consequential loss, loss of opportunity and loss of income or profit, however arising. vi) Any liability of the University and/or of UPP in contract, tort, breach of statutory duty, misrepresentation or any other liability, however arising, is limited to the greater of the value of the total Rent for the Period of Residency or the amount, if any, that the University or UPP receives from its insurers in respect of that particular loss.loss.‌ d) Further, the University will not be in breach of this agreement or liable to me for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or XXX’s control which could not have been foreseen or prevented even if the University or UPP had taken reasonable care. Matters outside the University’s and XXX’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and UPP will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract. e) The University or UPP is not liable to repair any damage caused by you unless the cost is met by insurance or by me (any excess on the policy being payable by me). This clause shall not apply where the University or UPP has an overriding statutory obligation to affect repairs or to make the Hall safe. Nothing in this clause shall prevent the University or UPP fromfrom claiming the costs of repair from a student or group of students retrospectively where it is entitled to do so.‌‌

LIMITATION AND EXCLUSION OF LIABILITY. a) This clause sets out and limits the legal liability of the University or its officers, employees, agents or subcontractors (including UPP) to me. The University is responsible to me for foreseeable loss and damage caused by it failing to carry out its obligations under this Contract to a reasonable standard or breaching any relevant duties that are owed to me by law, unless that loss is attributable to my own fault or the fault of a third party. b) Nothing in this clause limits liability arising from: i) Death or personal injury caused by the negligence of the University or its officers, employees, agents or subcontractors; or ii) Fraud or fraudulent misrepresentation. c) The University and its officers, employees, agents and subcontractors shall not be liable and expressly exclude liability to the fullest extent allowed by law for: i) Damage to, theft and/or loss of property (including but not limited to personal belongings, IT equipment, bicycles, vehicles or art work) unless caused by the negligence of the University or its officers, employees, agents or subcontractors; ii) Loss attributable to a breach of any procedural requirement detailed in this Contract or any other policy, procedure or regulation, if such loss would have arisen had the procedural requirement been met; iii) Death or personal injury that is not caused by the negligence of the University or its officers, employees, agents or subcontractor; iv) Changes to the law that require a change of this Contract; and; v) Indirect or consequential loss, loss of opportunity and loss of income or profit, however arising. vi) Any liability of the University and/or of UPP in contract, tort, breach of statutory duty, misrepresentation or any other liability, however arising, is limited to the greater of the value of the total Rent for the Period of Residency or the amount, if any, that the University or UPP receives from its insurers in respect of that particular loss. d) Further, the University will not be in breach of this agreement or liable to me for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or XXX’s control which could not have been foreseen or prevented even if the University or UPP had taken reasonable care. Matters outside the University’s and XXX’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and UPP will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract. e) The University or UPP is not liable to repair any damage caused by you unless the cost is met by insurance or by me (any excess on the policy being payable by me). This clause shall not apply where the University or UPP has an overriding statutory obligation to affect repairs or to make the Hall safe. Nothing in this clause shall prevent the University or UPP fromor