LIMITATION OF LIABILTY. Consumer Customers only THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
13.1 We are responsible to you for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
13.3 If you are a consumer and we are installing the Equipment and/or providing Services in your property, we will make good any damage to your property caused by Us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
13.4 If you are a consumer, under this contract we are only hiring the Equipment and/or supplying the Services for domestic and private use. You agree not to use the Equipment for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
LIMITATION OF LIABILTY. AkzoNobel will not be liable for any loss or damage caused by Buyer’s failure to exercise effective quality control or the failure to store, use or otherwise handle the Products as advised or in accordance with instructions provided by AkzoNobel or industry standards. AKZONOBEL WILL NOT BE LIABLE TO BUYER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, DIMINUTION IN VALUE, OR DEPLETION OF GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE. AKZONOBEL’S AGGREGATE LIABILITY TO BUYER IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE SUPPLY OF PRODUCTS WILL IN NO WAY EXCEED THE PRICE OF THE PRODUCTS PURCHASED, OR €200,000, WHICHEVER IS LOWER. Nothing in this section will limit or exclude AkzoNobel’s liability for any matter in respect of which it is unlawful for AkzoNobel to exclude or restrict its liability.
LIMITATION OF LIABILTY. To the extent permitted by law, Supplier shall not be liable for any damages caused by the use of the Cloud Services.
LIMITATION OF LIABILTY. 11.1 The Licensor's entire liability for all claims or damages arising out of or related to this Agreement shall be limited to and shall not exceed, in the aggregate for all claims, actions and causes of action of every kind and nature; the amount paid to the Licensor under this Agreement for the specific item that caused the damage or that is the subject matter of, or is directly related to, the cause of action. The parties hereby expressly agree that the amount referenced in the immediately preceding sentence represents the amount of foreseeable damages. The copyright and patent infringement claims are covered solely by Section 9. IN NO EVENT WILL THE MEASURE OF DAMAGES PAYABLE BY THE LICENSOR INCLUDE, NOR WILL LICENSOR BE LIABLE FOR, ANY AMOUNTS FOR LOSS OF INCOME, LOSS OF DATA, LOSS OF PROFIT OR SAVINGS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY PARTY, INCLUDING THIRD PARTIES, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND ALL SUCH DAMAGES ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILTY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER SUPPLIER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING LIMITATION OF LIABILTY SHALL NOT APPLY TO ANY BREACH OF THE CONFIDENTIAL OBLIGATIONS SET FORTH IN SECTION 12 (CONFIDENTIALITY AND PUBLICITY), ANY OBLIGATION OF INDEMNITY UNDER SECTION 13 (INTELLECTUAL PROPERTY) OR SECTION 16 (HAZARDOUS MATERIALS) OR ANY CLAIM ARISING FROM DEATH, BODILY INJURY OR TANGIBLE PROPERTY DAMAGE.
LIMITATION OF LIABILTY. Neither Party will be liable to the other Party for any indirect or consequential loss or damages. The Parties indicate agreement with this MOA by their signatures hereto. ______________________________________ Name: DataFirst’s Representative ______________________________________ Signature: DataFirst’s Representative ______________________________________ Date _______________________________________ Name: Representative of Party B ________________________________________ Signature: Representative of Party B ________________________________________ Date The Data provided by [Party B] is: [List of Datasets to be Deposited by Party B] DataFirst has responded to the demand for African data by establishing an indigenous data service, based at the University of Cape Town. The data service gives researchers access to anonymised disaggregated data from African governments and research projects via our online data repository. We handle the entire data life cycle, including data transfer, quality checks, disclosure control (anonymisation), and data description, and publish data under clear access and use licenses, including Creative Commons licensing. Our workflows can be viewed online on our data life-cycle model. DataFirst’s online data repository is certified as a trusted data repository by the CoreTrustSeal certification. It is the only Africa-based repository with this international certification. We preserve and share data in compliance with national data legislation. We assist depositors to comply with funders’ data sharing stipulations, as well as research ethics and data privacy norms. Our data is made available with Creative Commons licenses according to open data principles (free, online, complete, primary) or as non-commercial use data, in line with international data curation standards and best practice. We support researchers to find the data deposited with us which is cited in academic publications. All datasets have persistent identifiers in the form of Direct Object Identifiers provided through DataCite, the international citation organisation. This makes the data easy to locate in the long term. Where data is too sensitive or disaggregated to share online, we assist research teams to share their data in our Secure Research Data Centre at the University of Cape Town. We work in partnership with government ministries and other data producers to preserve and share their data in the long term, with academics, students, and government research teams. ...
LIMITATION OF LIABILTY. 14.1 The Licensor's entire liability for all claims or damages arising out of or related to this Agreement, shall be limited to and shall not exceed, in the aggregate for all claims, actions and causes of action of every kind and nature; the amount paid to the Licensor under this Agreement for the specific item that caused the damage or that is the subject matter of, or is directly related to, the cause of action. The parties hereby expressly agree that the amount referenced in the immediately preceding sentence represents the amount of foreseeable damages within the meaning of Section 379 of the Czech Act No. 513/1991 Coll., Commercial Code, as amended. The copyright infringement claims are covered solely by Section 12. In no event will the measure of damages payable by the Licensor include, nor will Licensor be liable for, any amounts for loss of income, loss of data, loss of profit or savings or indirect, incidental, consequential, exemplary, punitive or special damages of any party, including third parties, even if the Licensor has been advised of the possibility of such damages in advance, and all such damages are expressly disclaimed.
LIMITATION OF LIABILTY. NPC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR ANY REASON, INCLUDING WITHOUT LIMITATION, THOSE CAUSED BY DEFECTS IN MATERIALS OR WORKMANSHIP. NPC HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES WHICH ARE ALLOWED BY LAW SHALL BE LIMITED IN DURATION TO THE TERMS OF THE APPLICABLE MANUFACTURER’S WARRANTY. NPC’S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE COST OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER.
LIMITATION OF LIABILTY. Subject to Georgia law, the rules of the Georgia Public Service Commission, and the Contract Terms and
LIMITATION OF LIABILTY. 12.1 Except as otherwise expressly provided to the contrary either herein or in the applicable Service Schedule, MTN Business shall not be liable in any way to the Customer or to any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against MTN Business or against the Customer by any party arising directly or indirectly out of the Services, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
12.2 Subject to clause 12.1 above, the maximum liability of MTN Business under this Agreement in respect of any claim for direct damages by the Customer in respect of any wilful misconduct and/or negligent act or omission of MTN Business or any person for whose acts and omissions MTN Business is vicariously liable in law, for any event or series of connected events, whether as a result of breach of contract, delict or any reason whatsoever, shall be limited to the total fees, excluding Value Added Tax, paid by the Customer to MTN Business in the 12 (twelve) month period immediately preceding the month in which the incident arose which gave rise to the claim. For the avoidance of doubt, the limits on liability expressed above in this clause 12.2 are cumulative and apply across all Services.
12.3 Under no circumstances whatsoever shall any party be liable for any indirect, incidental or consequential damages, (including, but not limited to, damages for loss of business, profits, revenue, data, use, or other economic advantage) incurred by the other party, arising out of or relating to this Agreement and/or any Service Schedule.
