Limitation of Liability, Etc. To the fullest extent permitted by Applicable Law, the Borrower shall not assert, and hereby waives, any claim against any Lender-Related Person, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit, or the use of the proceeds thereof. No Lender-Related Person shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.
Limitation of Liability, Etc. Save as regulated otherwise in the Agreement, and save for the Client’s liability under Clause 11, and for cases of loss or damage caused by intentional acts, neither party shall in any event be liable to the other parties under an Agreement for loss of business, loss of data, loss of profit or revenue or for any special, indirect, incidental or consequential damages.
Limitation of Liability, Etc. 11.1 Neither Party will be liable to the other Party or any third party for loss or damage, whether direct or indirect, which is in any manner caused or arises through the access to or dissemination or use of Market Information in accordance with this agreement. Accordingly, neither Party shall be liable for damage which is due to:
Limitation of Liability, Etc. 11.1 Neither Party will be liable to the other Party or any third party (including Further Distributors and End Customers) for loss or damage, whether direct or indirect, which is in any manner caused or arises through the access to or dissemination or use of Market Information in accordance with this agreement. Accordingly, neither Party shall be liable for damage which is due to: • erroneous Market Information; • errors or impediments at NGM, the Distributor or any other party; • disruptions in the telecommunications network or other transfer media; • disruptions in electronic transfers; • errors or delays at another party retained by NGM; or • circumstances in general beyond either Party's control such as force majeure events or other extraordinary circumstances beyond either Party's control. Force majeure or other extraordinary circumstances beyond either Party's control shall be deemed to exist, e.g., where either Party is prevented, in whole or in part, from performing in accordance with this agreement or where performance in accordance with this agreement is rendered unreasonably onerous due to electrical outages, fire, water damage, legislative provisions, public restrictions, import or export prohibitions, acts of war, natural disasters, or labour conflicts. The provision relating to labour conflicts such as, e.g., strikes, lockouts, boycotts, and blockades shall apply notwithstanding that either Party is itself the object of, or undertakes, such measures.
Limitation of Liability, Etc. Party's liability under this Agreement is limited to direct damage caused by Party to the other Party. Party is not responsible for indirect loss, e.g. lost trading profit, reduced sales or lost goodwill. Party is free from liability when loss, damage or delay was caused by a circumstance that Party could not reasonably be expected to have anticipated and whose consequences Party could not reasonably have avoided or overcome (force majeure). If force majeure lasts more than three months, each Party shall have the right to terminate this Agreement in writing with immediate effect. It is the responsibility of a Party wishing to invoke force majeure for exemption from obligation to notify the other Party in writing without delay. The same shall apply when a circumstance which a Party has invoked to release from obligations is terminated.
Limitation of Liability, Etc. 26.1 The Service Agreement only covers defects arising from normal usage and does not cover malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, or repairs by other than a Company Certified Person.
Limitation of Liability, Etc. 15.1. The Supplier’s liability for damages, regardless of whether the damage occurs through delay, error, damage caused by the product, or in any other way whatsoever, is limited to ten price base amounts per event of loss and year. If a lower limitation of liability is stated in a certain point, then this shall have preference. However, what is stated in this Point 16 constitutes a ceiling of a maximum amount.
Limitation of Liability, Etc. Clause 11. The liability of THE COMPANY for death, personal injury, loss of or damage to registered luggage, loss of or damage to goods and delay is regulated by
Limitation of Liability, Etc. (a) The Disbursement Agent (i) shall not be liable for, and does not represent, warrant or guarantee the performance of any obligation of RIHC, any Architect, any Construction Manager, any subcontractor or provider of materials or services in connection with construction of the Project or any other Person, (ii) shall have no responsibility to RIHC, any Holders, the Trustee or any other Person for any action taken or omitted by, or relating to the performance hereunder of, the Disbursement Agent except negligence or willful misconduct of the Disbursement Agent, (iii) except as expressly set forth herein, is not obligated to supervise, inspect or inform RIHC or any third party of any aspect of the construction of the Project or any other matter referred to above, and (iv) owes no duty of care to RIHC to protect against, or to inform RIHC of, any negligent, faulty, inadequate or defective design or construction of the Project. RIHC shall remain solely responsible for all aspects of its business and conduct in connection with the Project, including but not limited to the quality and suitability of the Plans, the supervision of the work of construction, the qualifications, financial condition and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants and property managers, the accuracy of all applications for payment, and the proper application of all disbursements. The Trustee shall not be liable for any action taken or omitted by, or relating to the performance hereunder of, the Disbursement Agent.
Limitation of Liability, Etc. 13.01. EXCLUSION OF CONSEQUENTIAL DAMAGES, LIMITATION ON LIABILITY, ETC. IN NO EVENT SHALL LIS OR ITS SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES OR SUBSIDIARIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT LIS OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF USE OF MONEY, LOSS OF DATA OR INTERRUPTION IN lTS USE OR AVAILABILITY, STOPPAGE OF WORK, IMPAIRMENT OF ASSETS OR OTHERWISE ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER BASED ON ANY TERM IN ANY ENGAGEMENT SCHEDULE, ANY TRANSACTION PERFORMED OR UNDERTAKEN UNDER OR IN CONNECTION WITH ANY ENGAGEMENT SCHEDULE OR OTHERWISE LIS' AND ITS SUBCONTRACTORS', EMPLOYEES', REPRESENTATIVES' AND SUBSIDIARIES' AGGREGATE LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO TEN PERCENT (10%) OF THE TOTAL AMOUNTS ACTUALLY PAID BY GENERAL AMERICAN TO LIS UNDER THE RELEVANT ENGAGEMENT SCHEDULE IN ADMINISTRATIVE SERVICE FEES (AS SPECIFIED IN THE ENGAGEMENT SCHEDULE), DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF DAMAGES.
