Limitation of liability a. The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably and properly incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation). b) A Finance Party is not obliged to take any steps under this Clause 15.1 if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it. 16
Limitation of liability a. To the maximum extent permitted by law, Accomplish excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or for any damage resulting, directly or indirectly, from the use of, or reliance on, the Software. b. If you suffer loss or damage as a result of Accomplish's negligence or failure to comply with these Terms, any claim by you against Accomplish arising from Accomplish's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the access fees paid by you in the previous 12 months. c. If you are not satisfied with the Software, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8. 8. Termination a) No-fault termination: These Terms will continue for the period covered by the Access Fee paid in clause 3 (a) These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 30 calendar days before the end of the relevant payment period. b)
Limitation of liability a. If the goods and/or services are supplied to the Client as a ‘consumer’ as defined in the ACL, then the Client has the benefit of certain consumer guarantees, non- excludable rights and remedies in respect of those goods and/or services (Consumer Rights) and nothing in these Terms shall exclude, restrict or modify any Consumer Rights: a) The Client acknowledges and agrees that if it is a ‘consumer’ under the ACL then (i) its right to make any claim(s) for any loss or damage sustained by the Client and/or any third parties shall be limited to the Consumer Rights (ii) the liability of the Company for failure to comply with a consumer guarantee in relation to the supply of goods and/or services will be limited to that set out under s64A of
Limitation of liability a. If NCL has exercised due diligence to make the Vessel seaworthy, and have them properly manned, equipped, and supplied, in the event of accident, danger, damage or disaster before or after commencement of any voyage resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequences of which NCL is not responsible by statute, contract or otherwise, the equipment, wares and supplies of CONCESSIONAIRE shall contribute with any Vessel or Vessel (as the case may be) in general average in payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and such charges incurred in respect to the property of CONCESSIONAIRE. (B) NCL and/or the Vessel shall not be liable for delay, or for the destruction, loss or damage to the property of CONCESSIONAIRE occasioned by any of the following: an act of God; act of war; public enemies; government restrictions; perils of the sea or rivers; quarantine; fire; strike; lockout; labor dispute; civil commotion; seizure or arrest of the Vessel; robbers; riots; thieves; barratry; collision; explosions and accidents due to or because of engines or machinery and appurtenances of the Vessel at whatever time existing, and unseaworthiness; nor shall NCL be responsible for any loss or damage caused by the failure to sail or any delay in sailing, including, but not limited to, a delay for any reason whatsoever of the commencement of the Vessel's cruise operations; prolongation of voyage; deviation; any act, omission, fault or negligence of any passenger, officer, staff member or crewmember of the Vessel; or any cause whatsoever beyond the control of NCL or the Vessel, whether of the kind hereinabove enumerated or not. CONCESSIONAIRE assumes the obligation to care for, safeguard and preserve its property on board the Vessel, and NCL and the Vessel are relieved from any obligation to safeguard such property. (C) NCL shall have no liability for any consequential, special, contingent or incidental damages or losses whatsoever, including, without limitation, loss of profit, revenue or bargain, arising out of or in connection with this Agreement. CONCESSIONAIRE hereby waives (to the fullest extent permitted by law) any claim, lien, encumbrance or charge it may have over NCL's vessels, and all rights to arrest the Vessel, in connection with any claim arising hereunder against NCL (without prejudice to any other rights it may have to pursue any ot...
Limitation of liability a. Disclaimer of Certain Types of Liability IN NO EVENT SHALL ESRI OR ITS LICENSOR(S) BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR
Limitation of liability a. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS, THE LICENSEE IS ADVISED TO VERIFY ALL WORK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Licensor BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INCIDENTAL, CONSEQUENTIAL, COMPENSATORY OR EXEMPLARY DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of liability a. The Company shall, within three Business Days of written demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 18.1 (Mitigation).
Limitation of liability a. The Borrower shall promptly indemnify the Lender for all costs and expenses reasonably incurred by the Lender as a result of steps taken by it under Clause 14.1 (Mitigation). (b) The Lender is not obliged to take any steps under Clause 14.1 (Mitigation) if, in its opinion (acting reasonably), to do so might be prejudicial to it. 15.
Limitation of liability a. Tenant shall look solely to Landlord's interest in the Project, the proceeds of any sale thereof (provided a claim shall have been made within three (3) months of such sale), casualty proceeds and any condemnation award for the recovery of any judgment against Landlord, and no other property or assets of Landlord or Landlord's members, partners, officers, directors, shareholders or principals, direct or indirect, disclosed or undisclosed, shall be subject to levy, execution attachment or other enforcement procedure for the satisfaction of any judgment or Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder, or Tenant's use and occupancy of the Premises, or any other liability of Landlord to Tenant.
Limitation of liability a. In the even of failure of either party to fulfill any of its obligations hereunder, the exclusive remedy of the other party under this Agreement shall be to request performance of such obligation. If such performance is not rendered, the other party's sole remedy shall be to terminate this Agreement. Notwithstanding the foregoing, either party shall have the right to enforce any and all rights regarding patents, copyrights, trademarks, tradenames, trade secrets or Confidential Information, by any appropriate action, including actions for damages and equitable relief, or any other remedy available under applicable law. b) IN NO EVENT SHALL EITHER PARTY HAVE ANY RIGHT HEREUNDER AGAINST THE OTHER FOR ANY SPECIAL OR INDIRECT DAMAGES, LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
