Common use of LIMITATION OF COMPANY’S LIABILITY Clause in Contracts

LIMITATION OF COMPANY’S LIABILITY. THE BOAT SLIP IS TO BE USED AT BOAT OWNER'S SOLE RISK. COMPANY SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE BOAT, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE BOAT, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COMPANY'S NEGLIGENCE. BOAT OWNER HAS EXAMINED THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS BOAT. BOAT OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER BOATS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOAT, BOAT OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE BOAT OWNER. INDEMNITY OF COMPANY: BOAT OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY'SEMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE BOAT, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING COMPANY EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT, INCLUDING PASSAGE OF INVITEES/GUESTS WHILE BOARDING OR LEAVING BOAT AND THEIR TRANSIT OVER DOCKS/LEASED PREMISES; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF BOAT OWNER'S USE OF THE MARINA FACILITIES, THE PRESENCE OF BOAT OWNER'S BOAT, CAR OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING OF THE BOAT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF COMPANY'S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, AND BOAT OWNER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES COMPANY FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF BOAT OWNER, ALL EXPENSES INCURRED BY COMPANY TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON COMPANY'S DEMAND.

LIMITATION OF COMPANY’S LIABILITY. TO THE BOAT SLIP FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF COMPANY IS TO BE USED AT BOAT OWNER'S SOLE RISK. COMPANY SHALL NOT BE FOUND LIABLE FOR THE CARE OR THE PROTECTION OF THE BOAT, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE DUE TO BREACH OF WHATEVER KIND CONTRACT OR WARRANTY, NEGLIGENCE OF COMPANY, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION, CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE BRIVO EQUIPMENT OR SUBSCRIPTION PLANS, COMPANY’S MAXIMUM LIABILITY WILL BE LIMITED TO THE BOATGREATER OF (I) THE TOTAL CHARGES FOR THE BRIVO EQUIPMENT, HER GEAREXCLUSIVE OF ANY TAXES; OR (II) THE ANNUALIZED CHARGES FOR SUBSCRIPTION PLANS, EQUIPMENT EXCLUSIVE OF ANY TAXES, AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDINGTHIS LIABILITY SHALL BE EXCLUSIVE. COMPANY MAY ASSUME A GREATER LIABILITY, BUT NOT LIMITED TOONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY CUSTOMER AND COMPANY IN WRITING. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, COMPANY'S NEGLIGENCEAMONG OTHER DAMAGES, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY AND LOSS OF LIFE. BOAT OWNER HAS EXAMINED THROUGHOUT THIS AGREEMENT, THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS BOAT. BOAT OWNER COMPANY IS RESPONSIBLE FOR DAMAGE DEFINED TO OTHER BOATS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOAT, BOAT OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, INCLUDE ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF SUBCONTRACTORS. THIS LIMITATION OF THE BOAT OWNER. INDEMNITY OF COMPANY: BOAT OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES LIABILITY SHALL NOT APPLY TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY'SEMPLOYEES AND AGENTS HARMLESS FROM: ANY (I) ANY AND ALL LIABILITY FOR LOSS GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL, WANTON, OR DAMAGE TO INTENTIONAL MISCONDUCT OF THE BOATCOMPANY, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING COMPANY EQUIPMENT FAILURE; OR (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION PERSONAL INJURY OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT, INCLUDING PASSAGE OF INVITEES/GUESTS WHILE BOARDING OR LEAVING BOAT AND THEIR TRANSIT OVER DOCKS/LEASED PREMISES; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF BOAT OWNER'S USE PROPERTY DAMAGE CAUSED BY AN EMPLOYEE OF THE MARINA FACILITIES, COMPANY WHILE PHYSICALLY ON THE PRESENCE OF BOAT OWNER'S BOAT, CAR PREMISES INSTALLING THE BRIVO EQUIPMENT OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING PERFORMING ANY OF THE BOAT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF COMPANY'S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, AND BOAT OWNER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES COMPANY FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF BOAT OWNER, ALL EXPENSES INCURRED BY COMPANY TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON COMPANY'S DEMANDPURCHASED SUBSCRIPTION PLANS.

LIMITATION OF COMPANY’S LIABILITY. THE BOAT SLIP IS TO BE USED AT BOAT OWNER'S SOLE RISK. COMPANY SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE BOAT, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE BOAT, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COMPANY'S NEGLIGENCE. BOAT OWNER HAS EXAMINED THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS BOAT. BOAT OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER BOATS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOAT, BOAT OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE BOAT OWNER. INDEMNITY OF COMPANY: BOAT OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY'SEMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE BOAT, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING COMPANY EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT, INCLUDING PASSAGE OF INVITEES/GUESTS WHILE BOARDING OR LEAVING BOAT AND THEIR TRANSIT OVER DOCKS/LEASED PREMISES; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF BOAT OWNER'S USE OF THE MARINA FACILITIES, THE PRESENCE OF BOAT OWNER'S BOAT, CAR OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING OF THE BOAT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF COMPANY'S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, AND BOAT OWNER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES COMPANY FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF BOAT OWNER, ALL EXPENSES INCURRED BY COMPANY TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON COMPANY'S DEMAND. LAWS: In the event any portion of this Agreement shall be deemed to be in violation of any law of the United States or any law of the State of Pennsylvania, said portion, and said portion only, shall be deemed null and void, and the balance of this Agreement shall remain in full force and effect. This Agreement shall be interpreted in accordance with the laws of the State of Pennsylvania. Venue for any action arising under or relating to this Agreement shall be in a court of competent jurisdiction in Allegheny County, Pennsylvania. WAIVER: The waiver of the Company for a verbal declaration of liability under any conditions of this Agreement shall not be construed as a waiver of any subsequent conditions or default of any other terms of this Agreement.

LIMITATION OF COMPANY’S LIABILITY. THE BOAT SLIP IS TO BE USED AT BOAT OWNER'S SOLE RISK. COMPANY SHALL NOT IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR THE CARE OR THE PROTECTION OF THE BOATANY DAMAGES, INCLUDING HER GEAR, EQUIPMENT AND CONTENTSLOSSES, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE BOAT, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVERLIABILITY, INCLUDING, WITHOUT LIMITATION, (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) DAMAGES, LOSSES OR LIABILITY RESULTING FROM THE UTILIZATION OF ANY OF THE INFORMATION ON THE SITE, (III) DAMAGES, LOSSES OR LIABILITY RESULTING FROM LOST PROFITS, LOST DATA (OR OTHER INTANGIBLES), OR BUSINESS INTERRUPTION, EITHER ARISING OUT OF OR RELATING TO THE USE OF THE SITE (INCLUDING THE USE OF THE SERVICES OF ANY THIRD PARTIES THAT THE SITE LINKS TO) AND ANY INFORMATION CONTAINED THEREON, OR THE INABILITY TO USE THE SITE, OR (IV) RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, COMPANY'S NEGLIGENCE. BOAT OWNER HAS EXAMINED THE MARINA ) OR ANY OTHER LEGAL THEORY AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION WHETHER OR NOT ADVISED OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE POSSIBILITY OF HIS BOATSUCH DAMAGES. BOAT OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER BOATS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOAT, BOAT OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE BOAT OWNER. INDEMNITY OF COMPANY: BOAT OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY'SEMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE BOAT, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING COMPANY EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT, INCLUDING PASSAGE OF INVITEES/GUESTS WHILE BOARDING OR LEAVING BOAT AND THEIR TRANSIT OVER DOCKS/LEASED PREMISES; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF BOAT OWNER'S IF YOUR USE OF THE MARINA FACILITIESMATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, THE PRESENCE REPAIR OR CORRECTION OF BOAT OWNER'S BOATEQUIPMENT OR DATA, CAR OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING YOU ARE RESPONSIBLE FOR ALL COSTS THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THE BOATSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCEPT SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF COMPANY'S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, AND BOAT OWNER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES COMPANY FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF BOAT OWNER, ALL EXPENSES INCURRED BY COMPANY TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON COMPANY'S DEMANDYOU.

LIMITATION OF COMPANY’S LIABILITY. THE BOAT SLIP IS TO BE USED AT BOAT VESSEL OWNER'S ’S SOLE RISK. COMPANY SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE BOATVESSEL, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE BOATVESSEL, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COMPANY'S ’S NEGLIGENCE. BOAT VESSEL OWNER HAS EXAMINED THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS BOATVESSEL. BOAT VESSEL OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER BOATSVESSELS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOATVESSEL, BOAT VESSEL OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE BOAT VESSEL OWNER. INDEMNITY OF COMPANY: BOAT TO THE FULLEST EXTENT PERMITTED UNDER FLORIDA LAW, VESSEL OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY'SEMPLOYEES COMPANY’S EMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE BOATVESSEL, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING COMPANY EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT, INCLUDING PASSAGE OF INVITEES/GUESTS WHILE BOARDING OR LEAVING BOAT AND THEIR TRANSIT OVER DOCKS/LEASED PREMISESVESSEL; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF BOAT VESSEL OWNER'S ’S USE OF THE MARINA FACILITIES, THE PRESENCE OF BOAT VESSEL OWNER'S BOAT’S VESSEL, CAR OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING OF THE BOATVESSEL, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF COMPANY'S ’S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, AND BOAT VESSEL OWNER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES COMPANY FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF BOAT VESSEL OWNER, ALL EXPENSES INCURRED BY COMPANY TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY VESSEL OWNER ON COMPANY'S ’S DEMAND. INSURANCE: Vessel Owner must maintain liability insurance upon the Vessel with limits no less than $1,000,000. Additionally, Vessel Owner shall maintain a full coverage insurance policy for the replacement value of the Vessel. Vessel Owner shall furnish evidence of such insurance to Company within ten (10) days of executing this Agreement; this shall included Certificate of Insurance and policy endorsements. Vessel Owner shall name Company as an Additional Insured with a waiver of subrogation. It is expressly agreed by Vessel Owner that the Company is not and shall not be construed to be an insurer of Vessel Owner’s property loss or property damage to the Vessel, its motor, accessories or contents due to fire, vandalism, theft, collision or any other casualty loss, and the Vessel Owner waives his insurer’s right of subrogation against the Company and its employees. AMENDMENTS: Company reserves the right to alter or amend the terms and conditions of this Agreement from time to time by written notice sent by First Class Mail to the address indicated above for such notice thirty (30) days prior to the effective day of said amendment.