Limitation of Liability and Force Majeure. A. Under no circumstances shall the Company be liable to the Director for any consequential damages claimed by any other party as a result of representations made by the Director with respect to the Company which are materially different from any to those made in writing by the Company.
B. Furthermore, except for the maintenance of confidentiality, neither party shall be liable to the other for delay in any performance, or for failure to render any performance under this Agreement when such delay or failure is caused by Government regulations (whether or not valid), fire, strike, differences with workmen, illness of employees, flood, accident, or any other cause or causes beyond reasonable control of such delinquent party.
Limitation of Liability and Force Majeure. Except for the maintenance of confidentiality, neither party shall be liable to the other for delay in any performance, or for failure to render any performance under this Agreement when such delay or failure is caused by Government regulations (whether or not valid), fire, strike, differences with workmen, illness of employees, flood, accident, or any other cause or causes beyond reasonable control of such delinquent party.
Limitation of Liability and Force Majeure. 23.1 Momentum shall not be responsible for any loss or damage suffered by the Customer due to any circumstances whatsoever that are beyond Momentum’s control, fraud, illegal action or omission, unavailability of funds, improper or incomplete instructions by the Customer, except where such loss is caused by Momentum’s gross negligence, gross misconduct and/or wilful misconduct.
23.2 Momentum will not be liable for any failure to perform caused by reasons beyond Momentum’s control or resulting directly or indirectly from the action or inaction of the government, any government authority, or any riot, strike, boycott, blockade, act of God, revolution, civil strike or any change in legislation or extreme change in market conditions. For avoidance of doubt, inability of the Customer to pay Momentum is not a force majeure event.
23.3 Under no circumstances shall Momentum be liable to the Customer for any loss of profit or anticipated savings or reputation or for data or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with this Agreement even where the possibility of such loss or damage is notified to Momentum.
Limitation of Liability and Force Majeure. 11.1 Neither Party shall be liable to the other Party for any indirect, consequential, incidental, punitive or special damages, whether based on breach of contract, tort (including negligence) or otherwise, and whether or not such Party has been advised of the possibility of such damage.
11.2 In the event an act of war, fire, flood, an Act of God, or other occurrence beyond either party’s reasonable control prevents or makes impracticable the performance by such party of its obligations under of this Agreement (a “Force Majeure Event”), then such non-performance by such party shall not be considered a breach of this Agreement and shall be excused, while the conditions of the Force Majeure Event prevail. If such party seeks to excuse or delay performance due to a Force Majeure Event, such party will provide detailed written notice to the other party of the nature and anticipated duration of the delay and shall use reasonable efforts to avoid or overcome the causes affecting performance.
11.3 If the default, delay or failure to perform obligations under this Agreement arising from Force Majeure Event as set forth above in Article 11.2 exceeds sixty (60) days from the initial occurrence, either Party shall have the right to terminate this Agreement with a written notice to the other Party.
Limitation of Liability and Force Majeure. 18.1 Standard of liability
Limitation of Liability and Force Majeure. The Machine builder is not responsible in any instance for direct or indirect damage, technical or commercial, loss of data or the like that may occur as a consequence of using Connect. The Machine builder is not responsible for any costs that arise on account of incorrect use of the SIM card and associated subscription. The Machine owner is responsible that all of the user’s use of Connect occurs in accordance with applicable laws and provisions, the terms of the agreement and good network practice. User names and passwords must be managed in a secure manner, so that they do not come into unauthorised hands. Furthermore, the Machine owner may not take, encourage or support hacker attack against the Connect service. The following circumstances constitute grounds of discharge from liability if they obstruct the Agreement’s fulfilment or of it becoming unreasonably burdensome: labour conflicts and any other circumstance that the party cannot prevail over such as fire, war, mobilisation or military call-ups of an equivalent extent, requisition, seizure, currency restrictions, insurgency and riots, shortage of means of transport, general shortage of goods, restrictions on motivation and errors in or delays to deliveries from subcontractors, caused by such grounds of discharge from liability. The aforementioned circumstances make up grounds of discharge from liability only if their effect on the fulfilment of the Agreement could not be expected when the Agreement was entered into. A party wishing to invoke grounds of discharge from liability shall, within two weeks through Written notification, notify the other party of the occurrence thereof. If notification does not occur within the specified deadline the party may not invoke grounds of discharge from liability for the time until such notification has been given.
Limitation of Liability and Force Majeure. 10.1. Windchallenge shall not be liable to Purchaser for any direct loss or damages caused by breach of contract, tort or otherwise.
10.2. The limitation of liability as set out above in Article 10.1 shall not apply in case of damages caused by gross negligence or intentional acts by Windchallenge. If the limitation of liability as set out above in Article 10.1 shall not apply, Windchallenge's liability shall in each case be limited to the amount equal to the invoice value of the purchase of the respective Products.
10.3. Windchallenge shall in no event be liable to Purchaser for any consequential or indirect loss or damage, such as but not limited to, loss of production, loss of revenues or profit, loss of interest, third party losses, loss resulting from interruption in the operations, costs of delays, or any damage resulting thereof.
10.4. Windchallenge shall not be liable for any default or delay in the performance of its obligations caused by events beyond the control of Windchallenge which prevents Windchallenge from complying with any of its obligations under the Agreement, including but not limited to the circumstance that Windchallenge is not (fully) supplied with products by its supplier.
Limitation of Liability and Force Majeure. 20.1 Momentum), will be payable by the Customer to Momentum on demand.
20.2 Momentum shall not be responsible for any loss or damage suffered by the Customer due to any circumstances whatsoever that are beyond Momentum’s control, fraud, illegal action or omission, unavailability of funds, improper or incomplete instructions by the Customer, except where such loss is caused by Momentum’s gross negligence, gross misconduct and/or wilful misconduct.
20.3 Momentum will not be liable for any failure to perform caused by reasons beyond Momentum’s control or resulting directly or indirectly from the action or inaction of the government, any government authority, or any riot, strike, boycott, blockade, act of God, revolution, civil strike or any change in legislation or extreme change in market conditions. For avoidance of doubt, inability of the Customer to pay Momentum is not a force majeure event.
20.4 Under no circumstances shall Momentum be liable to the Customer for any loss of profit or anticipated savings or reputation or for data or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with this Agreement even where the possibility of such loss or damage is notified to Momentum.
Limitation of Liability and Force Majeure. KS AS WELL AS ITS EMPLOYEES, AGENTS AND OFFICERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR REVENUE, WHETHER THESE DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE BEYOND THE TOTAL AMOUNT PAID BY THE REGISTRY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING the 12 MONTHS PRECEDING THE CLAIM, EVEN IF KS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KS CANNOT BE HELD LIABLE OR DEEMED IN BREECH FOR ANY SERVICE DOWNTIMES OR DELAYS DUE TO FORCE MAJEURE SUCH AS DIRECT OR INDIRECT RESULTS OF WARS, RIOTS, ACCIDENTS, FIRE, EARTHQUAKES, FLOODS, CIVIL OR MILITARY AUTHORITY ACTIONS, STRIKES OR OTHER CAUSES BEYOND THE REASONABLE CONTROL OF KS. KS IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS OR OTHER ACTIONS BY REGISTRY, REGISTRARS OR REGISTRANTS RELATED TO DOMAIN NAME REGISTRATIONS, TRANSFERS OR RENEWALS. KS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ERRORS, MISHANDLINGS, DAMAGES OR OMISSIONS CAUSED BY REGISTRY, REGISTRANTS OR RESELLERS , OR ANY PERFORMANCE ISSUES: (I) CAUSED BY FACTORS OUTSIDE KS'S REASONABLE CONTROL, OR (II) THAT RESULTED FROM CUSTOMER'S OR THIRD PARTY EQUIPMENT OUTSIDE THE REASONABLE CONTROL OF KS. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH CLAIMS, THE LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
Limitation of Liability and Force Majeure. Should the fulfilment of the Agreement or a specific term in the Agreement be prevented or delayed by an event of force majeure, Organiser is not liable for any possible damage or harm met by the Partner, for any cause beyond Organiser’s reasonable control. These include all ”Force Majeure” situations, and situations of similar kind, as well as other insuperable occurrences and amendments, which the Organiser cannot reasonably avoid. In this Agreement “force majeure event” constitutes (but is not limited to) an unusual and relevant event that prevents the fulfilment of the Agreement, in whole or in part, that is beyond the control of the Party in question and which effects the Party cannot reasonably be expected to have taken into account when entering into the Agreement, and whose impeding impact cannot be eliminated without unreasonable additional costs or loss of time. Such events include war, rebellion, internal disturbances, acts or decrees of governmental or military bodies, administration regulations by authorities, requisition or confiscation by authorities for public needs, labour strike or lock-out, civil commotion, epidemic and any restrictions related to it, import or export bans, natural disasters, interruptions of public traffic, energy supply or internet connections, industrial disputes, fire and other similar, unusual events that are independent of the Parties and have major consequences. Furthermore, the Parties agree that COVID-19 pandemic is interpreted as a force majeure event under this Agreement. In the event of a force majeure event Organiser reserves the right to cancel and/or postpone SHIFT to another date or make necessary changes to its practical arrangements. If the Partner defaults by failing to deliver the content as agreed in section 3, the Organiser is no longer obliged to deliver the contents as agreed on.
