Limitation and Exclusions of Liability Sample Clauses

Limitation and Exclusions of Liability. 11.1 Nothing in the Agreement shall limit or exclude wallacespace’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law. 11.2 Subject to clause 11.1, wallacespace shall not be liable to the Hirer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) loss of or damage to goodwill; and (g) any indirect or consequential loss. 11.3 Subject to clause 11.1, 11.2 and 11.5, wallacespace’s total liability to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the part of the Price actually paid to wallacespace. 11.4 In light of the warranties given in clause 9.2 and that the Hirer is likely to obtain benefit from the use of the Facilities in any case, the conditions implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement. 11.5 Whilst reasonable efforts will be made to ensure that the Facilities are safe and secure, wallacespace does not accept any liability for: (a) any loss or damage suffered by the Hirer, its officers, agents, employees and Delegates caused by the acts or omissions of Delegates or any other third party at the Venue; (b) any theft, loss or damage to the Hirer’s and Delegates’ property; (c) any theft, loss or damage to the Hirer and Delegates caused by any third party using wallacespace’s tech systems for any unlawful purpose. The Hirer and Delegates are responsible for keeping their property safe and secure, and should configure their own IT and use their own firewalls and virus protection software.
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Limitation and Exclusions of Liability. 9.1. The liability of ScreenAway under any of the Non-Excludable Warranties is limited to: a) replacing the Goods; b) repairing the Goods; or c) paying for the cost of replacing or repairing the Goods, as ScreenAway decides in its discretion. 9.2. Any warranty provided to a Customer by ScreenAway in respect of Goods does not apply, and ScreenAway has no liability to a Customer in respect of those Goods, if unauthorised repairs or alterations, not specifically authorised by ScreenAway, are made to the Goods, the Customer fails to comply with all instructions of ScreenAway (whether written or verbal) in relation to the fitting, installation and use of the Goods or the Goods are: a) subjected to extreme environmental conditions or rapid changes in such conditions b) damaged by accident, force of nature or any other acts beyond the reasonable control of ScreenAway;
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Limitation and Exclusions of Liability. Except as otherwise set forth in the Agreement, DoubleClick shall not be liable to You or any other third party for any loss, costs, damage or expenses incurred in connection with the availability, operation or use of the Service, the System or any ad banner or other data supplied thereby, including, without limitation, for any unavailability or inoperability of the System or the Internet, technical malfunction, computer error or loss or corruption of data, or other injury, damage or disruption of any kind related thereto unless DoubleClick has directly caused such loss, cost, damage or exercise through its gross negligence or intentional misconduct. In no event shall DoubleClick either party be liable for any indirect, incidental, consequential, special or exemplary damages, including, but not limited to, loss of profits, or loss of business opportunity, even if such damages are foreseeable and whether or not such party has been advised of the possibility thereof. Each party's maximum aggregate liability shall not exceed the total amount paid by You to DoubleClick under this Agreement during the twelve (12) month period prior to the first date the liability arose.
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Limitation and Exclusions of Liability. IN NO EVENT WILL BLUE PLANET OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS, COST OF CAPITAL, COST OF SUBSTITUTE FACILITIES OR EQUIPMENT, LOSS OF DATA, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS, WHETHER OR NOT SUCH PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF BLUE PLANET AND ITS AFFILIATES UNDER OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR UNDER AN INDEMNIFICATION PROVISION SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO BLUE PLANET UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THAT THE LOSS OR DAMAGE OCCURRED FOR THE DELIVERABLE OR PROFESSIONAL SERVICE FROM WHICH SUCH LOSS OR DAMAGE DIRECTLY AROSE. This limitation on direct damages will not apply to claims for damages for bodily injury (including death) and damage to real property for which Blue Planet is legally liable.
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Limitation and Exclusions of Liability. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY (A) LOST PROFITS, LOSS OF DATA, DOWNTIME COSTS OR CLAIMS; OR (B) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF BLUE PLANET
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Limitation and Exclusions of Liability. Notwithstanding any other provision hereof, Canusa’s aggregate liability to Customer arising from the manufacture, sale, delivery, use or resale of the goods whether based on warranty, contract, negligence or otherwise, shall not exceed the lesser of the cost to Canusa of correcting defects in the goods or the amount paid by Customer for the purchase of the particular item which gives rise to the liability. Upon expiration of one year from the date of shipment of the goods to Customer, all such liability shall terminate. Without limiting the generality of any other provision hereof:
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Limitation and Exclusions of Liability. 11.1 Nothing in this Agreement limits or excludes either party’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. 11.2 Subject to section 11.1, the total liability of Lexonis in connection with the Service and the Support Services, the performance or non- performance of this Agreement and in connection with the subject matter of this Agreement, whether in contract, or tort (including negligence and for breach of statutory duty), misrepresentation, restitution or arising in any other way, will not exceed, in aggregate, the total Subscription Fees paid by the Client to Lexonis during the 12 months immediately preceding the date on which the claim arose, save that Xxxxxxx’ total liability under the indemnity at section 10.1 shall not exceed two times the total Subscription Fees paid by the Client to Lexonis during the 12 months immediately preceding the date on which the claim arose. 11.3 Except in relation to section 11.1, Lexonis shall not be liable to the Client for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or damage to reputation or goodwill, loss or spoiling of data, loss of contracts (in each case whether direct or indirect) or for any indirect loss or damage, whether in contract, or tort (including negligence and for breach of statutory duty), misrepresentation, restitution or arising in any other way, even if Client has been advised of, or knows of, the likelihood of that loss or type of loss arising.
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Limitation and Exclusions of Liability 
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Related to Limitation and Exclusions of Liability

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you: 1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence; 2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or 3. 6. 1. 3. for fraud. 2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software. 3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with: 1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors; 2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License; 3. 6. 3. 3. any use made of the Software; or 4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited. 4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Traction Software Limited’s negligence) will be limited to the higher of the price paid by you to use the Software or USD $1 00. 5. 6. 5. You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Software and you will accept such risk and/or insure accordingly. 6. 6. 6. Any rights that you have as a consumer are not affected by this clause 6.

  • Limitations of Liability The Trustee shall have no responsibility or liability to: (a) Imply obligations, perform duties, inquire or otherwise be subject to the provisions of any agreement or document other than this Agreement and that which is expressly set forth herein; (b) Take any action with respect to the Property, other than as directed in Section 1 hereof, and the Trustee shall have no liability to any third party except for liability arising out of the Trustee’s gross negligence, fraud or willful misconduct; (c) Institute any proceeding for the collection of any principal and income arising from, or institute, appear in or defend any proceeding of any kind with respect to, any of the Property unless and until it shall have received instructions from the Company given as provided herein to do so and the Company shall have advanced or guaranteed to it funds sufficient to pay any expenses incident thereto; (d) Refund any depreciation in principal of any Property; (e) Assume that the authority of any person designated by the Company to give instructions hereunder shall not be continuing unless provided otherwise in such designation, or unless the Company shall have delivered a written revocation of such authority to the Trustee; (f) The other parties hereto or to anyone else for any action taken or omitted by it, or any action suffered by it to be taken or omitted, in good faith and in the Trustee’s best judgment, except for the Trustee’s gross negligence, fraud or willful misconduct. The Trustee may rely conclusively and shall be protected in acting upon any order, notice, demand, certificate, opinion or advice of counsel (including counsel chosen by the Trustee, which counsel may be the Company’s counsel), statement, instrument, report or other paper or document (not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and acceptability of any information therein contained) which the Trustee believes, in good faith and with reasonable care, to be genuine and to be signed or presented by the proper person or persons. The Trustee shall not be bound by any notice or demand, or any waiver, modification, termination or rescission of this Agreement or any of the terms hereof, unless evidenced by a written instrument delivered to the Trustee, signed by the proper party or parties and, if the duties or rights of the Trustee are affected, unless it shall give its prior written consent thereto; (g) Verify the accuracy of the information contained in the Registration Statement; (h) Provide any assurance that any Business Combination entered into by the Company or any other action taken by the Company is as contemplated by the Registration Statement; (i) File information returns with respect to the Trust Account with any local, state or federal taxing authority or provide periodic written statements to the Company documenting the taxes payable by the Company, if any, relating to any interest income earned on the Property; (j) Prepare, execute and file tax reports, income or other tax returns and pay any taxes with respect to any income generated by, and activities relating to, the Trust Account, regardless of whether such tax is payable by the Trust Account or the Company, including, but not limited to, tax obligations, except pursuant to Section 1(j) hereof; or (k) Verify calculations, qualify or otherwise approve the Company’s written requests for distributions pursuant to Sections 1(i), 1(j) or 1(k) hereof.

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