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.
LIMITATION OF LIABILITY; FORCE MAJEURE and unforeseeable circumstances
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 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.
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. Name (First Name/Last Name) Service Address: Billing Address: Phone: ( ) - Fax: ( ) - Email Address: Account Number: Meter Number: I have read and agree to the terms and conditions of the Illinois Electric Choice Sales Agreement and acknowledge receipt of a copy of this agreement. By signing this agreement, I authorize the change of my electricity service supplier from my current provider to Xxxxxxxx, in accordance with the Terms and Conditions which I am accepting as part of my enrollment with Xxxxxxxx. If you cancel after 10 calendar days of receiving the first xxxx, and before the end of the initial term of this contract, an early termination fee of $50.00 will be charged. This agreement is with Xxxxxxxx Energy Services, an Alternative Retail Electric Service Supplier, NOT my Electric Distribution Utility. I understand that I will be supplied with electricity whether or not I sign this agreement. Authorized Signature: Date: / / Your enrollment is subject to approval by Xxxxxxxx Energy Services. For more information Contact us: 0-000-000-0000 xxx.XxxxxxxxXxxxxxXxxxxxxx.xxx 000 Xxxxxxxxxx Xx. Xxx 000. Xxxxxxxxxxx, XX 00000
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.
LIMITATION OF LIABILITY; FORCE MAJEURE. 7.1. To the extent permitted by the law, Xxxxxx shall not be liable to Buyer whether in tort (including for negligence), in contract, or otherwise, for any indirect, consequential, incidental, special, exemplary or punitive damages, or costs or expenses, including but not limited to loss of revenue, loss of profit or loss of time. TO THE EXTENT PERMITTED BY THE LAW, XXXXXX SHALL NOT IN ANY EVENT BE LIABLE TO BUYER FOR ANY DIRECT DAMAGES OR COSTS IN ANY AMOUNT GREATER THAN THE PURCHASE PRICE RECEIVED BY XXXXXX FOR SUCH PRODUCT.
LIMITATION OF LIABILITY; FORCE MAJEURE. 7.1 If a party is prevented from fulfilling this Agreement by circumstances outside the party’s control where they could not reasonably have foreseen at the time of the entering into force of the Agreement, and the consequences of which they could not reasonably have avoided or overcome, or if a subcontractor is prevented from fulfilling its delivery because of circumstances stated herein, this shall constitute grounds for discharge leading to postponement of the time of performance and exemption from penalties and other sanctions.
LIMITATION OF LIABILITY; FORCE MAJEURE a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APEX BE LIABLE TO CUSTOMER FOR (i) CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA OR PROPERTY ARISING FROM ANY CLAIMS WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT TORT), OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF APEX, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS; OR (ii) DIRECT DAMAGES IN EXCESS OF (x) THE FEES PAID BY CUSTOMER TO APEX UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (y) THE INITIAL FEES PAID BY CUSTOMER WITH RESPECT TO THE SERVICES AT ISSUE, WHICHEVER IS LESS.
LIMITATION OF LIABILITY; FORCE MAJEURE. Except to the extent prohibited under applicable law, the following limitations of liability shall apply. Ramboll assumes no responsibility for results obtained from the use of the Platform and Data by the Customer, User or any third party, or for conclusions drawn from such use. Ramboll shall have no liability arising under or in connection with the Agreement for indirect or consequential loss in any form, including, but not limited to, loss of profits or revenue, loss of anticipated savings, loss of business opportunity, loss of or damage to goodwill or reputation, or loss or corruption of data. Ramboll's total aggregate liability arising under or in connection with the Agreement shall be limited to the total Fees paid by the Customer for the 12 months immediately preceding the date on which the claim first accrued. Without in anyway limiting any other remaining limitations on Ramboll’s liability and responsibility, Ramboll shall not be liable in any way because of any delay or failure in performance due to circumstances or causes beyond its control, which shall be deemed to include, without limitation, strike, lockout, embargo, epidemic, pandemic, or other outbreak of disease, riot, war, act of terrorism, flood, fire, act of God/nature, accident, failure or breakdown of components necessary for completion, Customer, subcontractor or supplier delay or non- performance, inability to obtain or shortages in labor, materials, protective gear, other supplies, or manufacturing facilities, compliance with any law, or circumstances or conditions which in the discretion of Ramboll may pose a material risk to the health or safety of the employees of Ramboll, its affiliates or its subcontractors.
