LIMITATION OF LIABILITY AND INSURANCE. 13.1 This clause 13 sets out the entire financial liability of Arrow (including any liability for the acts or omissions of its employees, agents, and sub-contractors) to the Customer in respect of:
a) any breach of this Agreement and any Schedule b) any use made by the Customer of the Services and the Documentation or any part of them; and
LIMITATION OF LIABILITY AND INSURANCE. 23.1 Neither party excludes or limits liability to the other party for:
(a) death or personal injury;
(b) any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; or
LIMITATION OF LIABILITY AND INSURANCE. Xxxxxx agrees to defend, indemnify and hold Encore and its officers, directors, employees, successors and assigns harmless from any and all claims arising out of any violation of any law, rule, regulation or order, and from any and all claims or liabilities for loss, damages or injury to persons or property of whatever kind or nature arising from the use or operation of the Equipment, or from the negligence or carelessness of the agents or employees of Lessee. Additionally, Encore shall not be liable for any special or consequential damages including lost profits arising relating to the Equipment, the services or this Rental Contract. Lessee shall notify Encore promptly of any accident involving the Equipment. Lessee shall obtain contractual insurance in connection with this Rental Contract and pursuant to this paragraph, in an amount satisfactory to Encore and provide proof of such insurance upon request of Encore.
LIMITATION OF LIABILITY AND INSURANCE. 15.1 Notwithstanding anything to the contrary in this Agreement, Fujitsu's liability to the Supplier for any loss, damage, costs, claims or expenses suffered by the Supplier under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows:
(a) in the case of liability arising from death or injury to persons as a result of any act or omission of Fujitsu which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of Fujitsu or of the acts, omissions or frauds of others for whom Fujitsu is at law responsible, there shall be no limit;
(b) in respect of any other liability Fujitsu's aggregate liability shall in no circumstances exceed the Charges for the Supplies in respect of which the claim arises; provided always that Fujitsu’s total aggregate liability for all such claims arising in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to and in no circumstances exceed €1,000,000.
15.2 The Supplier’s liability to Fujitsu for any loss, damage, costs, claims or expenses suffered by Fujitsu under or in connection with this Agreement, whether arising from a breach of contract, negligence or howsoever, shall be limited as follows:
(a) in the case of breach of Clause 2.5 (Data Protection), Clause 2.7 (Anti-Bribery Compliance), Clause 2.8 (Conflicts of Interest), Clause 10 (Intellectual Property Rights and Indemnity) and Clause 14 (Confidentiality) or any indemnity set out in this Agreement or liability arising from death or injury to persons as a result of any act or omission of the Supplier, which is negligent (as defined by the Unfair Xxxxxxxx Xxxxx Xxx 0000 section 1) or of any fraud on the part of the Supplier or of the acts, omissions or frauds of others for whom the Supplier is at law responsible, there shall be no limit;
(b) in the case of fines from regulators resulting from a breach of this Agreement by the Supplier, and/or any legal fees, administration and management time incurred directly or indirectly by Fujitsu and/or its Associated Companies in dealing with such regulatory investigations, there shall be no limit;
(c) in respect of any other liability the Supplier’s aggregate liability shall in no circumstances exceed three (3) times the Charges paid or payable under the Agreement or €1,000,000, whichever is greater.
15.3 Notwithstanding any other provision of this Clause 1...
LIMITATION OF LIABILITY AND INSURANCE. Nothing in this Agreement shall limit or exclude a Party’s liability for death or personal injury caused by its negligence, or that of its employees, agents or subcontractors or anyone within its reasonable control. Neither Party shall be liable to the other Party under or in connection with this Agreement for any loss of income, loss of actual or anticipated profits, loss of contracts, loss of goodwill or reputation, loss of business, loss of anticipated savings, loss of, damage to or corruption of data, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the Parties and whether arising in or for breach of contract, delict (including negligence), breach of statutory duty, indemnity or otherwise. The Authority accepts no liability for any damage to the Equipment, except where any damage occurs as a result of a negligent or deliberate act of the Authority. In that case the Authority’s liability will be limited to £250.00 [the Annual Fee]. The Supplier shall make good any damage caused to any Assets by reason of any act or omission or default by the Supplier, or any third party for whom the Supplier is responsible at law arising out of the Supplier’s Permitted Use or any other use of the Assets by the Supplier. The Supplier shall be liable for and shall indemnify the Authority against, any expense, liability, loss, claim or proceedings howsoever arising under any statute or at common law in respect of any loss, injury or damage whatsoever arising out of or in the course or caused by the supply of the Services in accordance with this Framework Agreement and/or an Order, to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Supplier, his servants or agents except to the extent that the same is due to any negligence on the part of the Authority. The Supplier shall indemnify the Authority against all claims arising directly from any negligent act or omission by the Supplier or its sub-contractors in the exercise of the rights granted to it by this Agreement and/or the negligent use of the Asset and/or the Equipment, except to the extent that the same is due to any negligence on the part of the Authority. The Supplier shall, throughout the Initial Term and any extension to the Initial Term:
LIMITATION OF LIABILITY AND INSURANCE. 16.1 Nuclear, Aviation or Life Support Application. McDATA acknowledges that Product is not specifically designed, manufactured or intended for use in connection with the design, construction, maintenance, and/or operation of any (i) nuclear facility, (ii) aircraft, aircraft communication or aircraft ground support system, or (iii) life support system. Except as otherwise provided herein, BROCADE shall not be liable to McDATA, in whole or in part, for any claims or damages arising from such use, or resale by McDATA to a third party for such purposes, and McDATA agrees not to sell into nuclear, aviation or life support application and shall include a provision in its Customer agreement a statement relating to the Products' inapplicability to such applications.
LIMITATION OF LIABILITY AND INSURANCE. 5.1 LRA / FIDELITY gives no guarantee that its personnel will be able to prevent or minimise loss, damage or injury to the Client.
5.2 The services as set out in this agreement shall be provided at the Client’s risk and LRA / FIDELITY shall not be liable to the Client for any loss or damage of whatsoever nature suffered by the Client as a result of the performance by FIDELITY of the service, save where such loss or damage is as a direct result of the gross negligence of FIDELITY or its employees, performing the service, in the course and scope of employment. Under no circumstances shall FIDELITY be liable for consequential loss or damages. In all instances, FIDELITY’S liability shall be limited to an amount of R100 000 (one hundred thousand Rand) per event, with an aggregate of R500 000 (five hundred thousand Rand) any one year.
5.3 FIDELITY accepts no liability for any loss or damage whatsoever which arises out of or in connection with any of the following occurrences, namely:
5.3.1 any circumstances beyond the reasonable control of FIDELITY.
5.3.2 a criminal act or dishonesty on the part of the Client or any of its employees.
5.3.3 directly or indirectly as a result of any act or omission by the Client, its employees or agents, or any breach by the Client of any of these terms and conditions or any other measures laid down from time to time by FIDELITY and agreed to by the Client.
5.4 The Client undertakes to inform LRA / FIDELITY in writing within 24 (twenty four) hours of discovery of a loss, and shall make available to LRA / FIDELITY any records or other evidence, which may assist LRA / FIDELITY in the investigation of such loss and shall allow LRA / FIDELITY to take statements from its employees and agents.
5.5 In no case whatsoever shall FIDELITY be liable to pay any claim for any loss or damage after the expiry of 6 (six) months from the happening of the loss or damage, unless summons has been issued and served on FIDELITY within that period. In addition, FIDELITY shall not be liable for any loss or damage if any service fees due on the date of the event, giving rise to the claim were unpaid at that date.
LIMITATION OF LIABILITY AND INSURANCE. The Owner/Manager does not provide any security or is responsible for any loss, damages incurred by the Tenant during the use of Space. Tenant acknowledges that he/she assumes all responsibility for the security of the space, property stored in the Space, and their person while utilizing the Space. Tenant further acknowledges that Owner/Agent does not maintain insurance and that it is the sole responsibility of the Tenant to maintain insurance to cover any loss of business, property, loss, death, or injury regardless of the cause of the loss or event at the time of the occurrence. The Tenant further agrees to hold harmless and indemnify the Owner/Agent against all claims, losses, damages, cost or liabilities that may arise from the use of the Space.
LIMITATION OF LIABILITY AND INSURANCE. 22.1 Nothing in this Agreement shall exclude or restrict the liability of either Party to the other for death or personal injury arising from negligence or for fraudulent misrepresentation, in relation to the indemnities granted under clause 3.13, or in any other circumstances where liability may not be so limited under any applicable law.
22.2 Nothing in this clause 22 shall exclude or restrict the liability of the Service Provider to Aspen:
22.2.1 under the indemnities given in clause 21; or
22.2.2 for any breach by the Service Provider of clause 23 (Confidentiality);
22.2.3 for any liability arising from its Wilful Abandonment.
22.3 Subject to clauses 22.1 and 22.2, neither Party shall be liable to the other whether in contract, tort, negligence, breach of statutory duty or otherwise for any indirect loss or damage, costs or expenses arising under or in connection with this Agreement.
22.4 The exclusions in clause 22.3 shall not exclude liability for the following heads of losses which the Parties agree shall be deemed to be direct losses or damages suffered by Aspen but subject to the other limitations of liability contained in this clause 22:
22.4.1 the costs of procuring and implementing an alternative to the Services provided (or not provided) by the Service Provider;
22.4.2 the cost of restoring lost or damaged data caused or contributed to by the Service Provider;
22.4.3 the cost of restoring damage to physical property caused or contributed to by the Service Provider;
22.4.4 additional wages, overtime and expenses incurred by Aspen or its subcontractors or agents in performing or rectifying defective Services and/or managing a third party’s performance of the same;
22.4.5 fines or penalties imposed on Aspen as result of the Service Provider’s breach of its data protection obligations contained in this Agreement or any SOW (whether by act, omission or otherwise); and
22.4.6 in the event that a default (whether by act, omission or otherwise) of the Service Provider prevents Aspen from running its business in the normal way, the costs of the remedial action necessary so as to re-enable such normal running together with the costs of implementing any temporary work-around.
22.5 Subject to clauses 22.1 and 22.2, the total liability of the Service Provider to Aspen whether in contract, tort, negligence, breach of statutory duty or otherwise for any direct loss or damage, costs or expenses arising under or in connection with this Agreement shall not exce...
LIMITATION OF LIABILITY AND INSURANCE. 8.1 Neither party excludes or limits liability to the other party for death or personal injury and the Consultant shall indemnify and keep the Client indemnified against death or personal injury to any persons or loss of or damage to any property which may arise out of any Default or any other act, default or negligence of the Consultant, their employees or agents and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.
8.2 Subject always to Clause 8.1, the liability of either party for Defaults shall be as set out in this Clause 8.2.
8.2.1 Without prejudice to the generality of Clause 8.1, in no event shall either party be liable to the other for:
8.2.2.1 Loss of profits, business, revenue, goodwill or anticipated savings; and/or
8.2.2.2 Indirect or consequential loss or damage.
8.2.2 The provisions of Clause 8.2 shall not be taken as limiting the right of the Client to claim from the Consultant in the event of Default for loss of data and notwithstanding Clause 8.2.2, where the Client terminates this Agreement pursuant to Clause 11, the Client shall be entitled to recover from the Consultant, in addition to any other damages it is entitled to recover, the cost of obtaining the reasonable and proper cost for specialist accountancy services from a third party.
8.3 The parties expressly agree that should any limitation or provision contained in this Clause 8 be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if any party thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out herein.
