LIMITATION OF LIABILITY; FORCE MAJEURE Sample Clauses

LIMITATION OF LIABILITY; FORCE MAJEURE. 13.1 Except as expressly provided otherwise in this Agreement, neither party to this Agreement shall be liable to the other, or to any other person or entity, for special, incidental or consequential damages [***], regardless of whether it has been advised of the possibility of such damages and notwithstanding the failure of any limited remedy provided in this Agreement to achieve its essential purpose. 13.2 Any other provision contained herein to the contrary notwithstanding, neither party shall be liable to the other for any delay or failure to perform any of its obligations under this Agreement caused by compliance with governmental regulations or directions, outbreak of a state of emergency, Act of God, war, warlike hostilities, civil commotions, riots, epidemics, storms, fires, strikes, lockouts, and any other cause or causes beyond the reasonable control of such party; [***].

LIMITATION OF LIABILITY; FORCE MAJEURE and unforeseeable circumstances 6.1 Without prejudice to the Regulations, GME, in the provision of the Services, is liable for contractual and non-contractual damages exclusively insofar as these constitute an immediate and direct consequence of its conduct determined by wilful misconduct or negligence and, in the latter case, are foreseeable at the date of signing this Contract. The Parties mutually agree that there will be no compensation or indemnity obligation for damages that are an indirect or unforeseeable consequence of GME's conduct including, by way of example, damages deriving from the loss of business opportunities or customers or from the loss of profits. 6.2 The Contracting Party shall notify GME, under penalty of forfeiture, of any claim for compensation relating to the provision of the Services within and no later than fifteen working days from the day on which the Contracting Party became aware, or should have become aware using ordinary diligence, of the occurrence of the harmful event, contextually providing a precise indication of the circumstances in which the harmful event and the damages occurred. The related supporting documentation must be communicated to GME no later than twenty working days from the day on which the Contracting Party became aware, or should have known using ordinary diligence, of the occurrence of the harmful event. 6.3 There will be no liability of GME and of the Contracting Party for breaches due to force majeure, unforeseeable circumstances, or events beyond their control such as, by way of example, wars, riots, earthquakes, floods, fires, strikes, interruptions of the supply of electricity or of the supply of dedicated data transmission lines forming part of the System, when such interruptions are exclusively attributable to the behaviour of third parties. 6.4 GME will not be liable for any damages suffered by the Contracting Party and/or by third parties deriving from any requests made by the DSOs to cancel, or to suspend, or to revoke the session held or in progress. 6.5 GME has the faculty, in cases of force majeure and unforeseeable circumstances, and generally in all cases in which the Contracting Party's activity is potentially harmful to the integrity or to the security of the System, to suspend access to the System itself, without the need for prior communication of the circumstances leading to the suspension.

LIMITATION OF LIABILITY; FORCE MAJEURE. Seller’s liability to Customer arising from the purchase or use of any Goods or the performance of any services is limited to the price paid to Seller of the Goods giving rise to the claim. IN NO EVENT SHALL SELLER [OR ITS VENDORS] BE LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, CONTINGENT OR OTHER SIMILAR DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY, CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUE, BACK-CHARGES, LABOR COSTS, COSTS OF REMOVAL AND/OR REPLACEMENT, TESTING OR INSTALLATION, LOSS OF EFFICIENCY, DOWNTIME, LOSS OF USE OF GOODS OR ANY ASSOCIATED MATERIALS OR GOODS OR DAMAGE TO ASSOCIATED MATERIALS OR GOODS OR EQUIPMENT, UNAVAILABILITY OF GOODS, COST OF CAPITAL, OR COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, WHETHER OR NOT SELLER HAS ACTUAL KNOWLEDGE OR REASON TO BELIEVE THAT ANY SUCH LOSSES OR DAMAGES ARE FORESEEABLE, AND SELLER’S LIABILITY SHALL NOT EXTEND TO ANY DAMAGES OR LOSSES CUSTOMER MAY SUFFER OR INCUR AS A RESULT OF CLAIMS, SUITS OR OTHER PROCEEDINGS AGAINST CUSTOMER BY THIRD PARTIES. Neither Seller nor Customer shall be liable to the other for failure or delay in the performance of a required obligation of such party (except for payment obligations) if such failure or delay is caused by or results from acts beyond such party’s control, including but not limited to, terrorist threats or acts, riot or other civil unrest, war, strikes, labor stoppages or slowdowns or other industrial disturbances, shortages or delays in receiving raw materials, fire, flood, earthquake or other natural disaster.

LIMITATION OF LIABILITY; FORCE MAJEURE. Exodus purchases transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to its control. Neither Exodus, its affiliates, owners, officers, agents, employees and contractors, nor any associate organization shall be held liable for any act, default, injury (including personal injury, emotional injury, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Exodus, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, Exodus cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Exodus. In no event will Exodus be responsible for incidental, consequential or special damage or loss suffered by any person. Exodus’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Exodus for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, Exodus is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent Exodus shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. You further understand that Exodus neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold Exodus responsible for their acts or omissions. Force Majeure: Without limitation, Exodus is not responsible for, and no refunds will be given for, delays or cancellation of all or part of your trip due to causes or circumstances beyond Exodus’s res...

LIMITATION OF LIABILITY; FORCE MAJEURE. (i) The Account Custodian, the Concentration Account Bank and any Successor Concentration Account Servicer (as applicable) may conclusively rely on and shall be fully protected in acting upon any certificate, instrument, opinion, notice, letter, facsimile document or other document delivered to it and that in good faith it reasonably believes to be genuine and that has been signed by the proper party or parties. (ii) The Account Custodian, the Concentration Account Bank and any Successor Concentration Account Servicer (as applicable) may consult counsel satisfactory to it and the advice or opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in accordance with the advice or opinion of such counsel. (iii) The Account Custodian, the Concentration Account Bank and any Successor Concentration Account Servicer (as applicable) shall not be liable to the parties hereto for any expense, claim, loss, damage or cost arising out of or relating to its performance under this Agreement, for any error of judgment, or for any act done or step taken or omitted by it, in good faith, or for any mistakes of fact or law, or for anything that it may do or refrain from doing in connection herewith except in the case of its willful misconduct or grossly negligent performance or omission of its duties. (iv) The Account Custodian, the Concentration Account Bank and any Successor Concentration Account Servicer (as applicable) shall not be obligated to take any legal action hereunder that might in its judgment involve any expense or liability unless it has been furnished with an indemnity reasonably satisfactory to it. Nothing contained in this Agreement shall create any agency, fiduciary, joint venture or partnership relationship between the Concentration Account Bank and any other party hereto. (v) The Account Custodian, the Concentration Account Bank and any Successor Concentration Account Servicer (as applicable) shall have no duties or responsibilities except such duties and responsibilities as are specifically set forth in this Agreement and no covenants or obligations shall be implied in this Agreement against the Account Custodian and the Concentration Account Bank (as applicable). The Concentration Account Bank is not bound by any provisions contained in any document executed between any other parties to this Agreement and to which the Concentration Account Bank i...

LIMITATION OF LIABILITY; FORCE MAJEURE a) Either party will be liable only for direct damages if it fails to exercise ordinary care. In no event shall either party be liable for any special, punitive, indirect, consequential or exemplary damages (including, not limited to, lost profits), even if it has been advised of the possibility of these damages. This provision shall survive the termination of this Agreement as to matters that occurred during its term. b) Neither party shall be liable for any failure to perform due to acts of God, acts of government authorities, war, acts of terrorism, fires, floods, explosions or other natural catastrophes, civil disturbances, strikes, riots, unusually severe whether such as tornadoes, or failure or fluctuations in electrical power, telecommunications equipment and services, heat, light or air conditioning (“Force Majeure”). In such event, the performance of such party’s obligations shall be suspended during, but not longer than, the period of existence of such cause and the period reasonably required to perform the obligation. The parties shall use their best reasonable efforts to minimize the consequences of Force Majeure.

LIMITATION OF LIABILITY; FORCE MAJEURE. Certain causes and events out of the control of Santanna (called Force Majeure events) may result in interruptions in service and affect the price of supplying, or ability to supply, electricity. Xxxxxxxx will not be liable for catastrophic weather events, acts of any governmental authority, accidents, strikes, labor disputes, changes in laws, rules or regulation by any governmental authority, or any cause beyond Xxxxxxxx’x control. Xxxxxxxx shall in no event be held liable for any special, punitive, direct, incidental or consequential damages as result of non-performance under this Agreement.

LIMITATION OF LIABILITY; FORCE MAJEURE. Certain causes and events out of the control of Xxxxxxxx (called Force Majeure events) may result in interruptions in service and affect the price of supplying electricity. Xxxxxxxx will not be liable for the results of any such interruptions or price changes caused by Force Majeure events, including but not limited to acts of God, catastrophic weather events, acts of any governmental authority, accidents, strikes, labor disputes, changes in laws, rules or regulation by any governmental authority, or any cause beyond Xxxxxxxx’x control. Xxxxxxxx shall in no event be held liable for any special, punitive, direct, incidental or consequential damages as a result of non-performance under this Agreement.

LIMITATION OF LIABILITY; FORCE MAJEURE. The Lockbox Processor shall not be liable to the parties hereto or to the Collateral Trustee with respect to the Lockbox and the Lockbox Account for any acts done or steps taken or omitted by it in good faith, for any mistake in fact or law, or for anything it may do or refrain from doing in connection with or as required by this Agreement except for gross negligence or willful misconduct. The Lockbox Processor shall not be liable for any loss or claim resulting from any cause outside of the Lockbox Processor's reasonable control. In no event shall the Lockbox Processor be liable for incidental or consequential damages. A delay in or failure of performance by the Lockbox Processor under this Agreement shall not constitute a default hereunder if such delay or failure could not be prevented by the exercise of reasonable diligence by the Lockbox Processor and such delay or failure was caused by an act of God or the public enemy, acts of declared or undeclared war, public disorder, rebellion or sabotage, power failures, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods or similar causes. The Lockbox Processor shall provide the Collateral Trustee and the Servicer with prompt telephonic notice of such failure or delay by it.

LIMITATION OF LIABILITY; FORCE MAJEURE. 15.1 If a party is prevented performing its obligations under this Agreement as a result of circumstances beyond his control, for example lightning, labour conflicts, fire, natural disaster, changed provisions issued by public authorities, intervention by public authorities, as well as faults or delays in services provided by subcontractors due to the aforesaid circumstances, such shall constitute force majeure and result in a postponement of the agreed time for performance and release from damages and any other sanctions. The aforesaid shall apply regardless of whether the cause of the delay occurs before or after the agreed delivery date. If performance of the Agreement is materially hindered for more than 3 months as a result of any circumstance stipulated above, either party shall be entitled to terminate the Agreement in writing without incurring any liability in damages. 15.2 The supplier shall be liable for damage to property caused by negligence on the part of the supplier or his employ- ees. The supplier’s liability in damages to the customer for such property damage shall only cover compensation for direct loss and shall be limited, per occasion of loss, to not more than 35 times the price base amount pursuant to the Swedish Social Insurance Act (2010:110) in force at the time of the loss. The supplier shall not be liable for loss of data. 15.3 A party´s liability in damages shall be limited to an amount to a total of 15 per cent of the whole Contract Sum. This limitation does not include price deductions, interest and liquidated damages. A party's liability does not in any event include damages for loss of profit or any other indirect damage or loss of data. Furthermore, a party is not liable for the other party's liability towards a third party, other than as stated in clause 14.1. The lim- itation of liability in this clause 15.3 does not apply in the event of personal injury, liability in accordance with clause 14 or 15.2, or in the event of intent or gross neg- ligence.