Limitation of Liability and Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL DYNASTY 11 STUDIOS INC. OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE APPLICATION OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE APPLICATION, EVEN IF DYNASTY 11 STUDIOS INC. OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
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.
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:
Limitation of Liability and Release. (a) Except in the event of intentional fraud in connection with this Agreement, each Party’s total cumulative liability to the other Party for all claims of any kind, whether based upon contract, tort (including negligence and strict liability), or otherwise, for any loss, injury, or damage connected with, or arising from, this Agreement or the Assets, shall not exceed the aggregate Purchase Price for the Assets. In no event, whether as a result of a breach of contract, tort (including negligence and strict liability), or otherwise shall either Party be liable for any or all special, indirect, incidental, penal, punitive or consequential damages of any nature in connection with, or arising from, the transactions contemplated by this Agreement, including, without limitation, delays, lost profits, business interruptions, loss of use, lost business opportunities, loss of revenue, losses and other damages by reason of facility shutdown, equipment damage, cost of replacement power or substitute or temporary facilities or services, cost of capital, loss of goodwill, and claims of suppliers and customers, whether or not such damages were reasonably foreseeable or either Party was advised or aware that such damages might be incurred. Without limiting the foregoing, effective from and after each Closing Date, Buyer shall be deemed to have assumed all liability for claims arising from or in connection with the use, reuse, handling or disposal of the applicable Assets after the applicable Closing, including, without limitation, claims relating to:
Limitation of Liability and Release. (a) Without limiting 25.1, you release us from any liability for:
Limitation of Liability and Release. 11.1 Except as expressly provided herein, in no event shall either party be liable to the other party or any other person or entity for any special, exemplary, indirect, incidental, consequential or punitive damages of any kind or nature whatsoever (including, without limitation, lost revenues, profits, savings or business or contribution or indemnity in respect of any claim against the party) or loss of records or data, whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise, even if such party has been informed in advance of the possibility of such damages or such damages could have been reasonably foreseen by such party.
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.
Limitation of Liability and Release. 30 18.1 Extent of Liability for Losses 32 18.2 Customer has Remedies under the Water Act 32 18.3 Seqwater Contribution to Loss or Claim 32 18.4 Releases by Customer 32 18.5 Limitation of Liability 33 18.6 Indemnity by Customer 33 18.7 Insurance 33 19. Default and Termination 33 19.1 Termination by Seqwater 33 19.2 Termination by the Customer 33 19.3 Termination for Convenience 34 19.4 Substantial Destruction or Damage to Seqwater Property 34 20. Security 34 20.1 Request for Security 34 20.2 Guarantee by corporation 34 20.3 Provision of Security 34 20.4 Form of Security 35 20.5 No Services without Security 35 20.6 Release of Security 35 21. Dispute Resolution 35 21.1 Activation 35 21.2 Appointment of representative 35 21.3 Discussions 35 21.4 Negotiation of procedures 36 21.5 Methods of resolution 36 21.6 Exchange of information 36 21.7 Termination 36 21.8 Other remedies 36 21.9 Obligation to continue 36 22. GST 36 23. Confidentiality and Public Announcements 37 23.1 Confidentiality 37 23.2 Exceptions 37 23.3 Public Announcements 37 23.4 Right to information and disclosure 37 24. Miscellaneous 37 24.1 Obligations for the benefit of third parties 37 24.2 Notices 38 24.3 Entire Agreement 38 24.4 Amendment 38 24.5 No Waiver 39 24.6 Duty and Costs 39 24.7 Further Assurances 39 24.8 Costs of Approval 39 24.9 Rights cumulative 39 24.10 Severance 39 24.11 Counterparts, facsimile and email 40 24.12 Governing law and jurisdiction 40 25. Definitions/Interpretation 40 25.1 Definitions 40 25.2 Interpretation 45 Schedule 3 Standard Conditions
Limitation of Liability and Release. 30 Section 14.01. No Personal Liability. 30 Section 14.02. Release. 30 Section 14.03. Limitation of Liability. 30 Section 14.04. Survival. 31 ARTICLE 15 DISCHARGE OF LIENS 31 Section 15.01. No Liens Are Permitted. 31 Section 15.02. Discharge of Liens. 31 Section 15.03. Survival. 31 ARTICLE 16 CONFLICTS OF INTEREST 31 Section 16.01. No Prohibited Interests. 31 Section 16.02. No Illegal Payments. 32 ARTICLE 17 BOOKS AND RECORDS, INSPECTIONS AND AUDIT 32 Section 17.01. Maintenance of Books and Records. 32 Section 17.02. Inspections and Audits. 32 Section 17.03. Survival. 32 ARTICLE 18 INDEPENDENT CONTRACTOR; NO THIRD PARTY BENEFICIARIES 32 Section 18.01. Independent Contractor. 32 Section 18.02. No Partnership or Joint Venture. 33 Section 18.03. No Liability. 33 Section 18.04. No Third Party Beneficiaries. 33 Section 18.05. Survival. 33 ARTICLE 19 INVESTIGATIONS 33 ARTICLE 20 ASSIGNMENT; SUCCESSORS AND ASSIGNS 33 Section 20.01. No Assignments by Funding Recipient. 33 Section 20.02. Assignments by the City. 33 Section 20.03. Successors and Assigns. 34 ARTICLE 21 EVENTS OF DEFAULT AND CERTAIN REMEDIES 34 Section 21.01. Events of Default. 34 Section 21.02. Certain Remedies. 36 Section 21.03. No Waivers; Remedies Not Exclusive; Etc. 36 Section 21.04. Survival. 36 ARTICLE 22 CLAIMS, CONSENT TO JURISDICTION AND VENUE 36 Section 22.01. Limitation. 36 Section 22.02. Waiver of Trial by Jury. 37 Section 22.03. Jurisdiction. 37 Section 22.04. Counterclaims 37 Section 22.05. Service of Process. 38 Section 22.06. Immunities. 38 ARTICLE 23 NOTICES 38 Section 23.01. General Requirements. 38 ARTICLE 24 MISCELLANEOUS 39 Section 24.01. Headings, Captions and Table of Contents. 39 Section 24.02. Governing Law. 39 Section 24.03. Amendments; Waiver. 39 Section 24.04. Entire Agreement. 39 Section 24.05. Construction of Terms and Words. 40 Section 24.06. Invalidity of Certain Provisions. 40 Section 24.07. Consents and Approvals. 40 Section 24.08. "Including." 40 Section 24.09. Required Provisions of Law Controlling. 40 Section 24.10. Counterparts. 40 Section 24.11. Maximum Interest Rate. 41 EXHIBIT A PROJECT BUDGET EXHIBIT B INSURANCE EXHIBIT C CONTRACT REQUIREMENTS EXHIBIT D EXECUTIVE ORDER 50 EXHIBIT E INVESTIGATIONS EXHIBIT F OPINION OF COUNSEL SCHEDULE I DESCRIPTION OF THE PROJECT SCHEDULE II PAYMENT REQUISITION FORM CAPITAL FUNDING AGREEMENT (“Agreement”) dated by and between THE CITY OF NEW YORK (“City”), a municipal corporation organized under the laws of the State of New Yo...
