Limitation Liability. (a) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, LOST BUSINESS PROFITS OR LOST DATA ARISING OUT OF THIS AGREEMENT OR ANY SERVICES, DELIVERABLES OR WORK PRODUCT.
(b) Datatrend’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, INCLUDING IN CONNECTION WITH ANY SERVICES, DELIVERABLES OR WORK PRODUCT PROVIDED BY Datatrend, SHALL BE LIMITED TO THE FEES THERETOFORE PAID BY CLIENT TO Datatrend UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
(c) IN NO EVENT SHALL Datatrend BE LIABLE FOR ANY CLAIM MADE BY CLIENT OR ANY OTHER PERSON TO THE EXTENT SUCH CLAIM ARISES OUT OF MATERIALS PROVIDED BY CLIENT TO Datatrend TO USE IN DEVELOPING, PERFORMING OR CUSTOMIZING ANY SERVICES OR DELIVERABLES.
Limitation Liability. (a) Goods may be delivered in or on cartons, bundles, returnable containers, stillages or racks, loose or in other packaging. In any case where it is established to our satisfaction that the goods have been damaged or lost (whether wholly or in part) in transit we will at our own cost, repair or replace same provided that:
(i) in the case of total or partial loss or damage, you have returned to our representative (or where the goods have been delivered by a carrier his representative) our dispatch note duly signed by your representative with an indication of the shortage of or damage to the goods, cartons, bundles, returnable containers, stillages, racks, loose goods or other such packages as shall make up the delivery and full particulars are notified directly to us in writing within 7 days of delivery.
(ii) in the case of damage, the goods and their packaging are retained by you for inspection by our representative. We shall not be liable for any loss or damage in transit, except as above.
(b) If we (acting reasonably) are satisfied that any goods supplied by us are defective as to material or workmanship not caused wholly or partly while at your risk by willful default, accident, improper storage or use or failure to follow instructions and providing that the goods have not been dismantled, altered or repair attempted, our liability shall be limited to make good the defect without charge by repair or replacement or (at our discretion) waiver or refund of all or part of the price, provided that the goods are returned to our premises full carriage paid within a reasonable time after you become aware of the defect. Where we find returned goods are not defective, we reserve the right to charge you a handling fee including the cost of return and re-delivery.
(c) Our obligations and liabilities to you arising out of or in connection with the goods shall be limited to those expressly set out in these conditions and those which are implied or imposed by law to the extent that they cannot be limited, restricted, or excluded by law.
(d) Subject to the foregoing, no collateral contract and no representation, warranty condition, stipulation, liability, or obligation whatsoever (including without limitation, whether arising
(i) in contract tort including negligence or otherwise; or
(ii) expressly, impliedly, at common law, by statute, custom, usage or course of dealing or otherwise; or
(iii) in relation to loss, injury, or damage of any nature whatsoever (whether di...
Limitation Liability. (a) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, LOST BUSINESS PROFITS OR LOST DATA ARISING OUT OF THIS AGREEMENT OR ANY SERVICES, DELIVERABLES OR WORK PRODUCT.
(b) UNIQUE DIGITAL’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, INCLUDING IN CONNECTION WITH ANY SERVICES, DELIVERABLES OR WORK PRODUCT PROVIDED BY UNIQUE DIGITAL, SHALL BE LIMITED TO THE FEES THERETOFORE PAID BY CLIENT TO UNIQUE DIGITAL UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
(c) IN NO EVENT SHALL UNIQUE DIGITAL BE LIABLE FOR ANY CLAIM MADE BY CLIENT OR ANY OTHER PERSON TO THE EXTENT SUCH CLAIM ARISES OUT OF MATERIALS PROVIDED BY CLIENT TO UNIQUE DIGITAL TO USE IN DEVELOPING, PERFORMING OR CUSTOMIZING ANY SERVICES OR DELIVERABLES.
Limitation Liability. (a) It is agreed that the sole obligation of Western Plains Security & Locksmiths shall be to use its reasonable endeavours to provide the Customer with the services specified in the Quotation.
(b) All implied terms, warranties, guarantees and conditions are excluded from this agreement except to extend that they cannot lawfully be excluded.
(c) In the event Western Plains Security & Locksmiths breaches its obligations under this agreement Western Plains Security & Locksmiths agrees at its election to either perform the relevant services again or pay the costs of having those services performed again.
(d) Western Plains Security & Locksmiths total liability under this agreement is to the extent permitted by law expressed in this sub-clause, and Western Plains Security & Locksmiths shall have no further or other liability to the Customer whatsoever.
10.2 The customer assumes all liabilities for the Security System or other alarm equipment and its usage whether by the Customer or any other person.
Limitation Liability. 13.1. In no event shall the Seller be liable to the Buyer for any incidental, consequential, or punitive damages. The Seller shall furthermore not be liable for damages as described above when such damages have been caused by the fault or negligence of its personnel, representatives, and/or contractors.
13.2. The Buyer’s exclusive remedy for any losses or damages resulting from the sale of the Marine Fuel delivered under the agreement of Sale of Marine Fuel, including but not limited to any allegation of breach of warranty or breach of contract or negligence or strict liability, shall be limited to the price of the Marine Fuel, for which a claim is submitted.
Limitation Liability. 5.1 The Company shall not be liable to the Grantee or any other party for any loss, damages, costs, expenses or other claim of whatsoever nature caused at any time to the Deceased or to any personal effects of the Deceased or any other party by the acts or omissions of any third party.
5.2 The Company shall not be liable to the Grantee or any other party for any loss, damages, costs, expenses or other claims of whatsoever nature occasioned to any Plot or any stones or other articles thereon caused by any reason whatsoever other than the negligence or wilful misconduct of the Company.
5.3 The Company shall not be liable to any party for any loss or injury, costs or expenses occasioned to any person visiting the Site for any reason whatsoever except in respect of death or personal injury caused by the Company's negligence.
Limitation Liability. As a prior condition to FSL providing reinsurance pursuant to this Agreement, there shall be issued an Order of the Receivership Court, absolving FSL for any claims, suits, actions, liabilities, losses, damages, attorney's fees, interest, penalties, costs and any other losses of any kind arising from London Pacific's activities occurring prior to the Effective Date hereof. FSL shall further be absolved from all commissions, fees, and payments due to, or claims made by, any agent, general agent, manager, broker, producer, administrator, reinsurers or any other debt or obligation due to any other person incurred prior to the Effective Date.
Limitation Liability. EXCEPT WITH RESPECT TO LIABILITY ARISING FROM A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER PARTY HERETO SHALL BE LIABLE TO THE OTHER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN ANY EVENT, THE LIABILITY OF LICENSEE HEREUNDER SHALL NOT EXCEED THE FEES, IF ANY, DUE AND OWING TO AUTHOR HEREUNDER.
Limitation Liability a. Any dispute or issue against the Company shall be brought within 90 days from the date of dispute.
b. The VBO shall not claim any right after the limitation period.
c. To the maximum extent permitted by law, the Company, its parent or affiliated companies, directors, officers, shareholders, employees, assignees, and agents (collectively referred to as “affiliates”), shall notbe liable for; and VBO shall release the Company and its affiliates from, all claims for consequential andexemplary damages for any claim or cause of action relating to the Contract. A VBO shall further agree to release the Company and its affiliates from all liability arising from or relating to:
i. His/her, or any other VBOs' breach of the Contract;
ii. The promotion or operation of the Company business by them or any other VBO and any activities related to it, including, but not limited to, the presentation of Products or the Compensation Plan, the lease of meeting or training facilities, etc., and agree to indemnify the Company and its affiliates for any liability, damages, fines, penalties, or others;
iii. Any incorrect data or information provided by them or any other VBO to the Company;
iv. His/her, or any other VBOs' failure to provide any information or data necessary for the Company to operate its business; or
v. Reinforcements arising from any unauthorized conduct that s/he undertake in operating his/her business. A VBO shall further agree to indemnify the company for any liability, damages, fines,penalties or other awards.
d. The VBO shall entirely indemnify the Company, of all liability, damages, and penalties that might be imposed upon the Company by any statutory body/s due to his/her negligence, unlawful and illegal activities in discharging their duties as a VBO. The VBO shall bind him/herself to abide with the aforesaid terms and conditions in the Contract and law of the land, in default of which s/he shall hereby undertake and bind him/herself to indemnify the losses which might occur to the Company.
Limitation Liability. (23.1) Except in cases of criminal negligence or wilful misconduct or any damage arising out of breach of the Contract, the aggregate liability of the Supplier to the Client, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective Goods, or to any obligation of the Supplier in indemnifying the Client.
