LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 12.1 Nothing in this Agreement shall exclude or limit Activ’s liability for:
12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Xxx 0000 (title and quiet possession);
12.1.4 breach of the terms implied by section 12 of the Sale of Goods Xxx 0000 (title and quiet possession);
12.1.5 for defective products under the Consumer Protection Xxx 0000 (if applicable); or
12.1.6 for any other liability which cannot be excluded or limited under applicable law.
12.2 Subject to Clauses 12.1 and 12.3, Activ’s total liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed a total aggregate amount equal to 100% of the Charges paid to Activ by the Customer pursuant to this Agreement for the particular Product or Service giving rise to the claim, in the period of 12 calendar months immediately preceding the date on which the cause of action arose.
12.3 Subject to Clause 12.1, Activ shall not in any circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption (whether direct or indirect) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised of the possibility of the Customer incurring the same) or any punitive or exemplary damages.
12.4 The terms implied by sections 13 to 15 of the Sale of Products Xxx 0000 and the terms implied by sections 3 to 5 of the Supply of Products and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreement.
12.5 Nothing in this Clause 12 shall affect or limit the Customer’s obligation to pay Charges properly due under this Agreement.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 8.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
8.2 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.3 Subject to clause 8.2, the Supplier’s total liability to the Customer shall not exceed £5,000,000 The Supplier’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
8.4 This clause 8.7 sets out specific heads of excluded loss [and exceptions from them:
(a) Subject to clause 8.2, the types of loss listed in clause 8.4(c) are wholly excluded by the parties, but the types of loss and specific losses listed in clause 8.4(d) are not excluded.
(b) If any loss falls into one or more of the categories in clause 8.4(c) and also falls into a category, or is specified, in clause 8.4(d), then it is not excluded.
(c) The following types of loss are wholly excluded:
o (i) Loss of profits o (ii) Loss of sales or business. o (iii) Loss of agreements or contracts. o (iv) Loss of anticipated savings. o (v) Loss of use or corruption of software, data or information. o (vi) Loss of or damage to goodwill.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 10.1 The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
10.2 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.3 Nothing in this clause 10 shall limit the Customer's payment obligations under the Contract.
10.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
10.4.1 death or personal injury caused by negligence; or
10.4.2 fraud or fraudulent misrepresentation.
10.5 Subject to clause 10.4 (Liabilities which cannot legally be limited), the Supplier's maximum liability to the Customer for any and all loss, damage, claims or series of claims arising out of or in connection with this Contract shall not exceed the aggregate value of the Goods purchased by the Customer from the Supplier, which are giving rise to the specific liability or claim.
10.6 Subject to clause 10.3 (No limitation of customer's payment obligations) and clause
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 16.1 Nothing in these Conditions shall limit or exclude MEMS’ liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
16.2 Subject to clause 16.1, MEMS shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; or
(g) any indirect or consequential loss.
16.3 Subject to clause 16.1, MEMS’ total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in aggregate under or in connection with the Contract, shall be limited to the greater of £50,000 or 50% of the total Charges (excluding the Fuel Charges) paid under the Contract in the Contract year (i.e. commencing with the Commencement Date or any anniversary of it) in which the breaches occurred.
16.4 The limits and exclusions in this clause 16 reflect the insurance cover MEMS has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
16.5 The terms implied by sections 13 to 15 of the Sale of Equipment Act 1979 and the terms implied by sections 3 to 5 of the Supply of Equipment and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
16.6 This clause 16 shall survive termination of the Contract.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 12.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
12.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.1.5 Any other liability to the extent that such liability cannot lawfully be excluded or limited.
12.2 Subject to clause 12.1, the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 loss of profits or revenue;
12.2.2 loss of sales or business;
12.2.3 loss of opportunity;
12.2.4 loss of agreements or contracts;
12.2.5 loss of anticipated savings;
12.2.6 loss of use or corruption of software, data or information;
12.2.7 loss of or damage to reputation and goodwill; and
12.2.8 any indirect or consequential loss, In each case (except for clause 12.2.8) whether such loss is direct or indirect.
12.3 Subject to clause 12.1, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 100% of the total charges paid by the Customer under the Contract.
12.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
12.5 This clause 12 shall survive termination of the Contract.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 9.1 Nothing in these Conditions shall limit or exclude the Company's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, the Company shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
9.3 Subject to clause 9.1, the Company's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 100% of the total charges paid under the Contract.
9.4 The terms implied by sections 13 to 15 of the Sale of Goods Xxx 0000 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract.
9.5 This clause 9 shall survive termination of the Contract.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. (ww) This clause 12 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, licensors, consultants and subcontractors) to the Customer in respect of:
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 13.1 Nothing in this Agreement shall limit or exclude ML’s or the Customer's liability for:
13.1.1 death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 Any other liability which cannot be excluded or limited by applicable law.
13.2 ML’s entire liability under clause 9 (Data processing) however and whenever arising shall not exceed the lower of £1,000,000 or 12 months revenue during the term of the Agreement. The parties acknowledge that ML has secured insurance cover in respect of ML’s liability under this clause.
13.3 ML and the Customer agree to indemnify each other against any loss of, or damage to, physical property to the extent caused by any negligence of the indemnifying party, its employees, agents or subcontractors in connection with the performance of their duties under the Agreement provided that each party's total liability under this clause 13.3 shall be limited to the lower of £1,000,000 or 12 months revenue in any 12 month period during the term of the Agreement.
13.4 Notwithstanding anything to the contrary in the Agreement, but subject to clause 13.1 and Schedule 2, neither ML nor the Customer shall be liable to the other for any of the following (whether or not the party being claimed against was advised of, or knew of, the possibility of such losses) whether arising from negligence, breach of contract or otherwise:
(i) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. Nothing in the Contract limits any liability which cannot legally be limited, including liability for: a) death or personal injury caused by negligence; and b) fraud or fraudulent misrepresentation; 17.2 Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding the value of cover available under the Supplier’s insurance policies from time to time in place, per claim, as set out in clause11.6. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
11.2 References to liability in this clause 11 include every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.3 Neither party may benefit from the limitations and exclusions set out in this clause 11 in respect of any liability arising from its deliberate default.
11.4 Nothing in this this clause 11 shall limit the Customer's payment obligations under this Agreement.
11.5 Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
11.5.1 death or personal injury caused by negligence;
11.5.2 fraud or fraudulent misrepresentation; and
11.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.6 Subject to clause 11.3 (no limitations in respect of deliberate default) and clause 11.5 (liabilities which cannot legally be limited), the Supplier's total liability to the Customer:
11.6.1 for damage to equipment, property or software at the Performance Location caused by the negligence of the Supplier’s employees and agents in connection with this agreement shall not exceed £5,000,000.00 for any one event or series of connected events
11.6.2 for negligence of the Supplier’s employees or agents responsible for delivering the Services, which causes damage to the business operations (but excluding those losses contained in clause 11.9) or systems of the Customer, the sum of £5,000,000.00 for any one event or series of connected events;
11.6.3 for loss arising from the Supplier's failure to comply with its obligations under clause 10 (Data Protection) or in respect of a breach of Data Protection Legislation generally, shall not exceed £5,000,000.00 for any one event or series of connected events; and
11.6.4 for all other loss or damage which does not fall within subclauses 11.6.1, 11.6.2 and
