Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Limitation of Liability Exclusions. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL LIMIT A PARTY’S LIABILITY FOR ITS (A) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, (C) DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, (D) OBLIGATIONS EXPRESSLY STATED UNDER SECTION 8 (INDEMNIFICATION), OR (E) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.
Limitation of Liability Exclusions. In the performance of the Services included in this Agreement, we shall be entitled to rely solely on the information, representations and warranties provided by you pursuant to this Agreement, and shall not be responsible for the accuracy or completeness of such information. We shall be responsible only for performing the Services expressly provided for in the Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those Services. In no event, shall we have any liability for any consequential, special, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement. We shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, act of terror, emergency conditions or other conditions beyond Bank’s control. For greater certainty, in no event will we, or any third party acting as our agent, be liable to you or any third party for any damages whatsoever if: • You do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed; • You have not properly followed software or service instructions on how to make a transfer; • You have not given complete, correct and current instructions so that a transfer can be made; • Withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process; • We or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed; • Your equipment and/or software were not working properly; • A user conducts a transaction that would violate Federal Reserve Regulations or any other law: and • If circumstances beyond our, or our agent’s, control prevent making a transfer or payment, despite reasonable precaution that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, and other natural disasters. There may be other exceptions to our liability as stated in the Terms and Conditions of your Deposit Agreements.
Limitation of Liability Exclusions. The limitations of liability in this Section 6(c) will not apply to (a) Customer’s violation of VMware’s or its licensors’ Intellectual Property Rights or Customer’s use of the Deliverables in a manner not expressly authorized by the SOW; (b) VMware’s indemnification obligations under Section 5; (c) either Party’s breach of confidentiality under the SOW; (d) Customer’s payment obligations under the SOW; or (e) any liability which may not be excluded by applicable law.
Limitation of Liability Exclusions. The limitations in the preceding subsection do not apply to: (i) Damages for which a party has an obligation of indemnity under this Agreement; (ii) any grossly negligent, willful or fraudulent act or omission; or
Limitation of Liability Exclusions. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL LIMIT A PARTY’S LIABILITY FOR ITS (A) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, (C) DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, (D) OBLIGATIONS EXPRESSLY STATED UNDER SECTION 8 (INDEMNIFICATION), OR (E) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. EINSCHRÄNKUNG DER HAFTUNGSAUSSCHLÜSSE. UNBESCHADET DES VORSTEHENDEN BESCHRÄNKT KEINE DER BESTIMMUNGEN DIESES VERTRAGES DIE HAFTUNG EINER PARTEI FÜR (A) GROBE FAHRLÄSSIGKEIT ODER VORSÄTZLICHES FEHLVERHALTEN, (B) BETRUG ODER ARGLISTIGE TÄUSCHUNG, (C) FAHRLÄSSIG VERURSACHTE TODESFÄLLE ODER KÖRPERVERLETZUNGEN, (D) DIE IN ZIFFER 8 AUSDRÜCKLICH AUFGEFÜHRTEN VERPFLICHTUNGEN (FREISTELLUNG) BZW. (E) VERSTÖSSE EINER PARTEI GEGEN DIE GEISTIGEN EIGENTUMSRECHTE DER ANDEREN PARTEI.
Limitation of Liability Exclusions. 9.1. Neither BMO nor any of its suppliers, licensors, service providers or vendors ("Providers") will have any liability in tort, contract or otherwise for any loss, damage, claim, judgment, cost or expense (collectively, "Damages") that the Client sustains from use of the Services, except for direct Damages attributable to BMO's gross negligence or wilful misconduct.
Limitation of Liability Exclusions. The limitations in Section 10.1 do not apply to: (a) any grossly negligent, willful or fraudulent act or omission of a party; or (b) any breach by a party of the provisions of Section 5 (Intellectual Property Rights) or Section 12 (Confidentiality).
Limitation of Liability Exclusions. To the maximum extent permitted by applicable law, Our total liability (and that of Our contractors) for direct damages is limited to the amount You have paid under this Agreement for the Services giving rise to the claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY NOR THEIR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF SERVICES, SERVICES, FIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. The foregoing limitations and exclusions of liability apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. The limitations and exclusions of liability for damages in this section 7 do not apply to (i) a Party’s violations of section 5 (Confidentiality) or (ii) a Party’s violation of the other Party’s intellectual property rights or (iii) liability for damages caused by either party’s gross negligence or willful misconduct, or that of its employees or its agents, and awarded by a court of final adjudication (provided that, in any cases where the laws of the Republic of Ireland (or any jurisdiction that does not recognize a legal distinction between "gross negligence" and "negligence") apply to this provision, "gross negligence" as used in this section 7 shall mean "recklessness"), or (iv) liability for personal injury or death caused by either party’s negligence or that of its employees or agents or for fraudulent misrepresentation.
Limitation of Liability Exclusions. Each party’s maximum liability for damages under this Agreement (regardless of the form of action, whether in contract or tort), including and without limitation for, data loss, loss of use of equipment, or business interruption caused by Consultant, shall not exceed the amounts paid by Customer to Consultant under this Agreement for the Services to which the claim relates in the twelve (12) months immediately preceding the claim for damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTY FOR DAMAGES WHATSOEVER, OR TO THE OTHER PARTY FOR ANY (I) LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA; OR (II) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
