Limitation of Liability and Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WWW.DR- XXXX.XXX, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE XXX.XX-XXXX.XXX WEBSITES AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WWW.DR- XXXX.XXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL OR THE SERVICES (INCLUDING THE INTERACTIVE SERVICES), OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO XXX OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Limitation of Liability and Release. By entering the Challenge, the Entrant Team agrees that the Challenge Parties will not be responsible or liable for any claims, injuries, costs, losses or damages (collectively “Claims”) resulting from any Entrant Team’s participation in or attempt to participate in the Challenge or use of any prize, including, without limitation, those Claims arising in connection with any of the following occurrences that may affect the operation of the Challenge: laboratory errors, technical failures or malfunctions of any kind; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Challenge, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Challenge. The Challenge Parties are not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected information or reports or for any typographical errors in the announcement of the prize or in these Official Rules, (ii) any inaccurate or incorrect data contained on promotional materials, or (iii) any error in the administration of the Challenge or announcement of the prize and/or all Challenge-related materials. As a condition of entering, the Entrant Team agrees (and agrees to confirm in writing if requested by Sponsors): (a) to forever discharge, release, and hold harmless the Challenge Parties from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Challenge or the prizes, however caused; (b) under no circumstances will the Entrant Team be permitted to obtain awards for, and the Entrant Team hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages from the Challenge Parties; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If the Entrant Team is a California resident, the Entrant Team hereby waives California Civil Code Section 1542, which states,...
Limitation of Liability and Release. The City, its elected officials, officers, employees, agents and contractors shall not be liable for, and the Tenant hereby releases the City, its elected officials, officers, employees, agents and contractors from all liabilities, actions, statutory or other proceedings, judgments, investigations, claims, losses, damages, orders, fines, penalties, expenses, professional and other fees and disbursements (including legal fees on a solicitor and own client basis), and costs whatsoever resulting or arising from:
(a) any bodily injury or death, however caused, suffered or sustained in or about the Premises; or
(b) any property damage or other loss or damage of any nature whatsoever, however caused, to the Premises, or to any property belonging to the Tenant or to any other person on or about the Premises, including without limitation any structures, erections, aircraft, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Premises; unless arising or resulting directly from the negligence of the City, its officers, employees, agents or contractors.
Limitation of Liability and Release. 5.1 This Agreement does not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth State or Territory which cannot be excluded, restricted or modified including Australian Consumer Laws.
5.2 The Purchaser acknowledges and agrees that to the extent permitted by law, EPRAKT will not be liable for, and the Purchaser releases and holds harmless EPRAKT in respect of, any claim, loss, cost, damage or expense (Claim) arising out of the provision of the services including, but not limited to, any loss or damage to the Purchaser’s property unless that Claim is a direct result of the negligence of EPRAKT.
5.3 The Purchaser acknowledges and agrees that to the extent permitted by law, EPRAKT will not be liable for, and the Purchaser releases EPRAKT in respect of, any claim, loss, cost, damage or expense (Claim) arising out of any act or omission of EPRAKT or its employees, officers or agents unless that Claim is a direct result of the negligence or breach of this Agreement or a warranty by EPRAKT.
5.4 The parties agree that to the extent permitted by law any liability for a Claim against EPRAKT that cannot be excluded will be limited to one of the following (at the election of EPRAKT):
(a) the rectification of defective services (if applicable); or
(b) the amount paid by the Purchaser in respect of the original supply of the services.
5.5 Notwithstanding any of the above, the parties agree that EPRAKT will under no circumstances be liable to the Purchaser for any indirect or consequential loss, loss of income, profit or opportunity or for any contingent, consequential direct/indirect special, or punitive damages arising out of or in connection with this Agreement, at law or in equity.
5.6 EPRAKT’s liability/obligations to honour any Claim under or in connection with this Agreement do not extend to rectification of defects, loss or damage which is caused or contributed to by use, or treatment of any part of the completed services other than in accordance with the more stringent of either: guidelines or specifications supplied by EPRAKT; industry best practice; or use under normal working conditions. EPRAKT will also not be liable for defects, loss, costs or damage arising out of or in connection with:
(a) the misuse, neglect, or wilful destruction of any part of the completed services; or
(b) any damage caused by or to the completed services as a result of continued use after a defect has been detected or ought to have been de...
Limitation of Liability and Release. 3.1 The Proponent shall not be liable for any impact to any person on the Lands resulting from or arising out of the Project or any occurrence in, upon, at or relating to the Proponent’s activities near the Lands, or for any damage to the Lands or property of the Landowners or others located on the Lands, except to the extent caused by the negligence of the Proponent, its agents, servants or employees or other persons for whom it is in law responsible. Notwithstanding the foregoing or anything else in this Agreement, neither the Proponent nor the Landowners shall be liable to the other party for any consequential, indirect, special or punitive damages.
3.2 The Landowners hereby remise, release and forever discharge the Proponent and its affiliates and their present and former directors, officers, agents, servants and employees (hereinafter called the “Releasee”, which term includes successors, heirs, executors, estate trustees, administrators and assigns) of and from all actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, claims, regulatory complaints and demands whatsoever which the Landowners ever had, now have or may hereafter have against the Releasee, or any of them, for or by reason of, or in any way arising out of any cause, matter or thing existing up to the present time, and without limiting the generality of the foregoing, in respect of all matters relating to the operation, maintenance and decommissioning of the Project and the Facilities.
Limitation of Liability and Release a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND BASED ON ANY CLAIM OR LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOST OPPORTUNITY, LOST SAVINGS, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES OR TECHNOLOGY, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNIFICATION OBLIGATION, OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO EXO FOR THE INDIVIDUAL PRODUCT(S) THAT IS/ARE THE SUBJECT OF THE ALLEGED CLAIM AND DIRECTLY CAUSED THE ALLEGED DAMAGE. No action against Exo for breach hereof shall be commenced more than one (1) year after the accrual of the cause of action.
c. CUSTOMER ACCEPTS ALL LIABILITY FOR THE USE OF EXO PRODUCTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR IN ANY OTHER CRITICAL APPLICATIONS. EXO PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR OTHER CRITICAL APPLICATIONS. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause a failure of a life support device or system or affect its safety or effectiveness. Critical applications are those applications in which failure of an Exo Device or Exo Works Subscription Services could result directly or indirectly in death, personal injury, or severe property or environmental damage.
d. CUSTOMER HEREBY RELEASES EXO FROM ANY CLAIMS ARISING FROM OR RELATED TO THE CONDUCT OF THE CUSTOMER’S BUSINESS OR FOR ACTS OR OMISSIONS OF CUSTOMER OR ITS END USERS IN THE PROVISION OF MEDICAL CARE, AND THAT ANY RELIANCE UPON ANY OF EXO’S PRODUCTS HEREUNDER SHALL NOT DIMINISH THE CUSTOMER'S RESPONSIBILITY FOR MEDICAL CARE.
Limitation of Liability and Release. 6.1 The Client acknowledges and agrees that, unless otherwise expressly stated under the Agreement, Aeromedical Solutions does not provide any guarantee or warranty as to the competency, fitness or suitability to provide the Medical Services, workmanship or performance of the Medical Services Providers, or any Medical Services.
6.2 To the extent permitted by law, Aeromedical Solutions is not in any way responsible for, and the Client releases (and will procure that the Patient releases) Aeromedical Solutions from all liability (including in negligence) in respect of any costs, damages, losses, expenses, demands, death and injury to person or property, incurred or suffered directly or indirectly in connection with the Medical Services, any act or omission of the Medical Services Provider, and/or any resultant Provider-Client Agreement entered into with respect to the Patient.
6.3 With the exception of any Non Excludable Rights and any express written warranty provided by Aeromedical Solutions, and notwithstanding any other provision of the Agreement, the liability of Aeromedical Solutions to the Client and the Patient, whether arising under or in connection with the Agreement, or the performance or non-performance of or anything incidental to the Agreement, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
6.3.1 Aeromedical Solutions will not have any liability whatsoever to the Client and/or the Patient for any loss, injury or death of persons occasioned directly or indirectly by any claim of any kind in connection with the time it takes to obtain Options for the Client, or any Medical Services obtained under, pursuant to or in furtherance of the Options;
6.3.2 Aeromedical Solutions will not have any liability whatsoever for any loss, injury, death or damage due to delay, cancellation, or disruption in any manner caused by laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent of any government, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond the reasonable control of Aeromedical Solutions; and
6.3.3 the total aggregate liability of Aeromedical Solutions under the Agreement is at all times limited to the amount ...
Limitation of Liability and Release. 30 19. Default and Termination 33 20. Security 34 21. Dispute Resolution 35 22. GST 36 Schedule 3 Standard Conditions
Limitation of Liability and Release. Sponsor, its subsidiaries, officers, directors, employees and agents, including without limitation, its advertising agencies, printers and other suppliers, shall not be liable for and expressly disclaim any and all liability for any injury, liability, expense, cost, damage, penalty or loss of any kind incurred or caused by a Member, their family, or their guests (i) in connection with the utilization of or participation in any WorldMark by Wyndham My Savings program or benefit, or (ii) resulting from any acts or omissions of any individual or entity providing a product, benefit or service in the WorldMark by Wyndham My Savings program. Sponsor's liability for any other loss or damage incurred by a Member through use of the WorldMark by Wyndham My Savings programs or benefits is limited to the fee paid by such Member for membership in WorldMark by Wyndham My Savings. The Member hereby agrees to release and hold harmless Sponsor, its subsidiaries, successors and assigns, its and their advertising agencies, printers and other suppliers, as well as its officers, directors, employees and agents for any injury, liability, expense, cost, damage, penalty or loss of any kind incurred by Member, the Member’s family or guest during any trip or utilization of any WorldMark by Wyndham My Savings program or benefit and for any related damage, theft or loss caused or incurred by the Member, the Member’s family or guest.
Limitation of Liability and Release. In no event shall TU, or the board of trustees, board of directors, officers, employees, professors, agents, successors, or assigns of TU be liable to Student or Student’s family, agents, representatives, heirs, successors, or assigns, or any third party for any damages or loss relating to Activity. This limitation applies to all potential causes of action, including but not limited to, breach of contract, breach of warranty, fraud, gross negligence, negligence, strict liability, intentional acts and omissions, misrepresentations, and other torts. In conjunction with the Release, Waiver of Liability and Hold Harmless Agreement attached and incorporated by this reference, Student on behalf of Student and his/her family, agents, representatives, heirs, successors, and assigns completely, irrevocably, and unconditionally releases and forever discharges TU, the board of trustees, board of directors, officers, employees, professors, agents, successors and assigns of TU from and against any and all claims, demands, lawsuits, causes of action and/or liability whatsoever involving any matter arising out of or in any way related, directly or indirectly, to Activity and further, Student on behalf of Student, Student’s family, agents, representatives, heirs, successors, or assigns unconditionally releases and forever discharges TU, and the board of trustees, board of directors, officers, employees, professors, agents, successors, or assigns of TU with respect to any other transaction, event, or occurrence through and including the date of this Agreement, whether now known or unknown, relating to Activity and/or TU.
