LIMITATION OF LIABILITY AND INDEMNITY. 19.1. Subject to the provisions of the relevant laws that are applicable in the Republic of Cyprus from time to time:
a) AM CY and any Affiliates make no warranties either expressly or impliedly as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, availability, completeness or quality), with respect to any services offered by virtue of the Agreement, including, without limitation, AM CY’s trading platform;
b) AM CY and its Affiliates are excluded from all liability in contract or otherwise relating to or resulting from use of any service to be provided under this Agreement and for any loss incurred by you directly or indirectly without limitation as a result of or arising out of:
i. any inaccuracy, error or delay in or omission from any information provided to you under this Agreement;
ii. any delays or failures or inaccuracies, or loss of access to, the provision of a service to you including, without limitation, any delay, failure or inaccuracy in, or the loss of access to, the trading platform or in respect of the transmission of orders, instructions or any other information;
iii. any misinterpretation of your order or instructions which are unclear, ambiguous, or not specific; or
iv. a service disruption event.
19.2. AM CY and its Affiliates are not liable in contract, tort (including negligence) or otherwise for any loss of prospective profits or expenses or special, indirect or consequential damages resulting from the supply of a service and the provision of custodial or depository services (as and if applicable).
19.3. To the fullest extent permitted by law, you release, discharge and indemnify and agree to keep AM CY, its Affiliates and their directors, officers, employees, associates, agents and representatives as well as their affiliates indemnified from and against all claims arising out of:
a) any default, whether by your act or omission under this Agreement or any order, instruction or transaction;
b) any breach by you of any applicable law;
c) any representation or warranty made or given by you under this Agreement proven to be untrue or incorrect;
d) any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by you or by any of your clients, employees, agents or authorised persons, consultants or servants;
e) any failure of any of your computer or electronic systems or networks to perform, be available or successfully transmit data to AM CY, or any error or in...
LIMITATION OF LIABILITY AND INDEMNITY. 8.1 The LME does not exclude or in any way limit its liability for:
(a) fraud, death or personal injury caused by LME's negligence; and/or
(b) any liability to the extent the same may not be excluded or limited as a matter of law.
8.2 Subject to the indemnity given in clause 9.1 below and the warranty, representation and undertaking provided in clause 7.1, the Licensee hereby acknowledges and agrees that the Third Party Data is provided in accordance with the terms (if any) of the applicable Third Party Licensor and the LME accepts no responsibility or liability for the Third Party Data, provided however that the Licensee shall be entitled to the benefit of any and all warranties and indemnities in relation to the Third Party Data that have been granted to the LME by the Third Party Licensor. The LME shall take any commercially reasonable action it deems appropriate to give effect to this clause.
8.3 Subject to clause 8.1, neither party shall be liable to the other, under or in connection with the terms of the Agreement for any and all of the following, howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the Parties to the Agreement and whether directly or indirectly arising out of breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise: management time; trading losses; loss of income; loss of actual or anticipated profits; loss of business; loss of contracts; loss of goodwill or reputation; wasted expenditure; loss of opportunity; loss of anticipated savings; loss of, damage to or corruption of data; and/or indirect or consequential loss or damage of any kind.
8.4 Subject to clauses 8.1, 8.3 and 8.5, the LME's entire liability howsoever arising and whether arising out of breach of contract, tort (including negligence), breach of statutory duty, indemnity (excluding the indemnity contained at clause 9.1) or otherwise to the Licensee and/or any other person in respect of any claims or Losses of any nature, arising directly or indirectly, from the Agreement shall be limited in respect of all incidents or series of incidents occurring in any calendar year, and will not exceed the aggregate Fees paid by the Licensee during the Initial Term or relevant Renewal Term (as applicable) in which the claim arose.
8.5 Subject to clauses 8.1 and 8.3, the LME's entire liability howsoever arising as a result of the indemnity under clause 9.1 shall be limited in respect of all incidents or seri...
LIMITATION OF LIABILITY AND INDEMNITY. YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES AND SITES. YOU ACKNOWLEDGE THAT THE SERVICE, WEIGHTOLOGY LLC, ITS AFFILIATES, AND EMPLOYEES OR AGENTS ARE NOT ENGAGED IN RENDERING MEDICAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU WITH BUILDING MUSCLE, LOSING FAT, AND BECOMING MORE FIT AS DESCRIBED HEREIN. NEITHER WEIGHTOLOGY, LLC, ITS AFFILIATES, AGENTS, EMPLOYEES, NOR ANY THIRD- PARTY VENDOR, INCLUDING ANY THIRD PARTY MARKETER OR PROMOTER OF THE SERVICES UNDER WRITTEN CONTRACT WITH WEIGHTOLOGY, LLC (collectively, the “Weightology parties”) SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF THE SERVICE, OR THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, THE WEIGHTOLOGY PARTIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS;
LIMITATION OF LIABILITY AND INDEMNITY. In no event shall AI or its suppliers be liable in any way for indirect, special, consequential, or incidental damages or loss of any kind (including without limitation, lost profits, liability or injury to third persons, loss of data, cost of cover, whether foreseeable or not, regardless of whether AI or its suppliers have been advised of the possibility of such damages) arising as a result of licensee’s use or inability to use the Software. You acknowledge that the license fee reflects the allocation of risks between us. AI SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE PRODUCT OR OF ANY COPY PROTECTION DEVICE/CODE WITH WHICH THE SOFTWARE PRODUCT IS SUPPLIED. SPECIFICALLY, AI SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE PRODUCT OR COPY PROTECTION DEVICE/CODE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE PRODUCT AND ANY COPY PROTECTION DEVICE/CODE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE. LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND AI AND ITS SUPPLIERS FROM ANY COST, LOSS, LIABILITY, OR EXPENSE, INCLUDING COURT COSTS AND REASONABLE FEES FOR ATTORNEYS OR OTHER PROFESSIONALS, ARISING OUT OF, OR RESULTING FROM, ANY CLAIM OR DEMAND BROUGHT AGAINST AI, ITS SUPPLIERS OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BY THE LICENSEE OR A THIRD PARTY ARISING FROM OR IN CONJUNCTION WITH ANY PROCUREMENT, INSTALLATION, UTILIZATION, REDEPLOYMENT OR DISPOSAL OF THE SOFTWARE PRODUCT.
LIMITATION OF LIABILITY AND INDEMNITY. The limitation of liability and indemnity provisions of Section 8.1 of the Amended and Restated ByLaws of the Company and Article 9 of the Amended and Restated Certificate of Incorporation of the Company are a contractual benefit to Employee and are a material consideration for Employee’s employment.
LIMITATION OF LIABILITY AND INDEMNITY. Except to the extent of damage resulting from the active gross negligence or willful misconduct of Landlord or its authorized representatives, Tenant agrees to protect, defend (with counsel acceptable to Landlord) and hold Landlord and Landlord's lenders, partners, members, property management company (if other than Landlord), agents, directors, officers, employees, representatives, contractors, shareholders, successors and assigns and each of their respective partners, members, directors, employees, representatives, agents, contractors, shareholders, successors and assigns (collectively, the "Indemnitees") harmless and indemnify the Indemnitees from and against all liabilities, damages, claims, losses, judgments, charges and expenses (including reasonable attorneys' fees, costs of court and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) arising from or in any way related to, directly or indirectly, (i) Tenant's or Tenant's Representatives' use of the Premises, Building and/or the Park, (ii) the conduct of Tenant's business, (iii) from any activity, work or thing done, permitted or suffered by Tenant in or about the Premises, (iv) in any way connected with the Premises or with the improvements or personal property therein, including, but not limited to, any liability for injury to person or property of Tenant, Tenant's Representatives, or third party persons, and/or (v) Tenant's failure to perform any covenant or obligation of Tenant under this Lease. Tenant agrees that the obligations of Tenant herein shall survive the expiration or earlier termination of this Lease. Except to the extent of damage resulting from the active gross negligence or willful misconduct of Landlord or its authorized representatives, to the fullest extent permitted by law, Tenant agrees that neither Landlord nor any of Landlord's lender(s), partners, members, employees, representatives, legal representatives, successors or assigns shall at any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, liability, injury, death or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person(s) whomsoever who may at any time be using, occupying or visiting the Premises, the Building or the Park, including, but not limited to, any acts, errors or omissions by or on behalf of any other tenants or occupants of the Building and/or the Park. Tenan...
LIMITATION OF LIABILITY AND INDEMNITY. 17.1. TBCC or any of its affiliates or partners, officers, directors, employees or agents (each such entity or person, the “Indemnified Person") shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys' fees) (whether known or unknown, present or future, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (“Loss”) suffered or incurred by the Client as a result of or in connection with the Client’s use of the Services, or any matters pertaining to the Client’s Investment Account, or due to actions taken by TBCC according to its rights under this Agreement, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely and directly from TBCC’s gross negligence or intentional misconduct. Without limiting the generality of the foregoing, Indemnified Person shall not be liable under any circumstances for any indirect, special, incidental or consequential damages, lost profit or other losses (regardless of whether such damages or losses were reasonably foreseeable or arise from TBCC’s gross negligence or intentional misconduct).
17.2. The Client shall to compensate, indemnify and hold harmless the Indemnified Person from all Losses which may be suffered or incurred by Indemnified Persons as a result of or in connection with:
17.2.1. the Client's any non-compliance with this Agreement;
17.2.2. TBCC entering into any Transaction under to this Agreement;
17.2.3. TBCC taking any of the steps which TBCC is entitled to take in an Event of Default;
17.2.4. any third-party actions related to the receipt and use by the Client of the Content or other third-party content, or other such information obtained on Investment Module or Website.
17.2.5. any third-party actions related to the use of the Investment Account;
17.2.6. any third-party claims against the Client arising out of or related to the Services and/or this Agreement.
17.2.7. Client’s misrepresentation, act or omission or alleged misrepresentation, act or omission;
17.2.8. Indemnified Persons following Client’s directions or instructions or failing...
LIMITATION OF LIABILITY AND INDEMNITY. (a) Except to the extent of damage resulting from the gross negligence or willful misconduct of only Sublandlord or its Indemnitees (defined below) or, Sublandlord's material default of the provisions of this Sublease beyond any applicable cure period, Subtenant agrees to protect, defend (with counsel reasonably acceptable to Sublandlord) and hold Sublandlord and Sublandlord's lenders, partners, members, property management company, agents, directors, officers, employees, representatives, contractors (except as provided in Subparagraph 7.12(d) herein), successors and assigns and each of their respective partners, members, directors, heirs, employees, representatives, agents, contractors, heirs, successors and assigns (collectively, the "Indemnitees") harmless and indemnify the Indemnitees from and against all liabilities, damages, demands, penalties, costs, losses, judgments, charges and expenses (including reasonable attorneys' fees, costs of court and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) (collectively, "Claims") arising from or in any way related to, directly or indirectly, (i) Subtenant's and Subtenant's employees, agents, invitees, guests, representatives and contractors (collectively, "Subtenant's Representatives") use of the Premises, Security System, and other portions of the Project, (ii) the conduct of Subtenant's business at the Premises (iii) any activity, work or thing done, permitted or suffered by Subtenant in or about the Premises, (iv the Premises, Security System, the Alterations or with the Subtenant's property (whether leased or owned or held in bailment) therein, including, but not limited to, any liability for injury to person or property of Subtenant, Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' or third party persons, and/or (v) Subtenant's failure to perform any covenant or obligation of Subtenant under this Sublease. Subtenant agrees that the obligations of Subtenant herein shall survive the expiration or earlier termination of this Sublease.
(b) Except to the extent of damage resulting from the gross negligence or willful misconduct of only Sublandlord or its Indemnitees or, Sublandlord's material default of the provisions of this Sublease beyond any applicable cure periods, Subtenant agrees that neither Sublandlord nor any of the Indemnitees sh...
LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF VS1 CLOUD, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE FIRST CAUSE OF ACTION GIVING RISE TO A CLAIM. SUBJECT TO APPLICABLE LAW, VS1 CLOUD, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET VS1 CLOUD SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF VS1 CLOUD AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF VS1 CLOUD, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
LIMITATION OF LIABILITY AND INDEMNITY. 29.1. In the event that the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any direct and/or indirect, losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
29.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a. any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects;
b. any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
c. the acts, omissions or negligence of any third party;
d. any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data;
e. unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
f. any of the risks of the Risks Disclosure and Warnings Notice;
g. currency risk materializes;
h. any changes in the rates of tax;
i. the occurrence of Slippage;
j. the Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders;
k. under abnormal market conditions;
l. any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative; m. for the Client’s or his Authorized Representative’s trading decisions; n. all Orders given through and under the Client’s Access Data;
