LIMITATION OF LIABLITY. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE ONLINE PORTAL IS AT YOUR OWN RISK. USE OF THE ONLINE PORTAL IS ALWAYS SUBJECT TO THE TERMS AND SCRIPT SUBMISSION TERMS AND OTHER FELLOWSHIP PROGRAM-SPECIFIC DOCUMENTATION SUPPLIED BY UBISOFT. YOU MUST ACCEPT THE TERMS CONTAINED IN THE SCRIPT SUBMISSION TERMS IN ORDER TO PARTICIPATE IN THE FELLOWSHIP PROGRAM. UBISOFT IS UNDER NO OBLIGATION TO OFFER YOU THE OPPORTUNITY TO USE THE ONLINE PORTAL OR TO PARTICIPATE IN THE FELLOWSHIP PROGRAM. THE ONLINE PORTAL IS ACCESSIBLE ON AN "AS IS" OR "AS AVAILABLE" BASIS. UBISOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. SPECIFIALLY, UBISOFT OFFERS NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE ONLINE PORTAL IS ACCURATE, COMPLETE OR UP TO DATE. IN PARTICULAR, UNDER NO CIRCUMSTANCES WILL UBISOFT BE LIABLE IN ANY WAY FOR ARTIST MATERIAL, FOR REASONS INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE UBISOFT MARKS, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF THE ONLINE PORTAL, OR A THIRD PARTY’S MISUSE OR MISAPPROPRIATION OF ARTIST MATERIAL. UBISOFT’S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY UBISOFT TO YOU, IF ANY FOR THE CAMPAIGN IN WHICH THE CLAIM AROSE. IN NO EVENT SHALL UBISOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABLITY. 10.1 Any liability of Leaseweb under this DPA is limited to the affected Services and to the amount (excluding VAT) invoiced by Leaseweb under the Sales Contract and timely paid by Customer, in the three (3) months prior to the day on which the liability arises, with a maximum of twenty-five thousand euros (EUR 25.000) per damaging event or series of damaging events.
LIMITATION OF LIABLITY. IN NO EVENT SHALL PROCESSOR OR BANK BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT AND/OR IT SUBJECT MATTER REGARDLESS OF THE THEORY OF LIABILITY GIVING RISE TO SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OR AWARE OF THE POSWSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROCESSOR’S OR BANKS LIABILITY, IN THE AGGREGATE, FOR ANY REASONA IN CONNECTION WITH THE ACCOUNT UPDATER SERVICES EXCEED AN AMOUNT EQUAL TO THE PREVIOUS 4 MONTHS OF FEES PAID BY YOU FOR THE ACCOUNT UPDATER SERVICES.
LIMITATION OF LIABLITY. Each party of this agreement agrees to hold harmless and indemnify the other, its directors, officers, employees, and agents for any and all damages, claims, judgments, losses, costs, and expenses, including attorney’s fees, which may arise from or relate to this agreement or Your Education Course. Further, each party of this agreement hereby releases, discharges, and exonerates the other from and assumes full responsibility for any and all damages, claims, losses, costs, and expenses which it may incur, arising from or relating to this agreement and/or educational courses offered by You, unless such damage or loss results from the sole negligence, gross negligence, or willful misconduct of the respective party, its directors, officers, employees, or agents.
LIMITATION OF LIABLITY. This Agreement has been executed on behalf of the respective Fund by the undersigned officer of the Fund in his capacity as an officer of the Fund. The obligations of this Agreement shall be binding on the assets and property of the respective Fund, only, and shall not be binding on any Trustee or Director, officer or shareholder of the Fund individually. ALGER SHAREHOLDER SERVICES, INC. THE ALGER AMERICAN FUND By: /x/ Xxry N. Palais By: /s/ Frederick A. Blum Name: Gary X. Xxxxis Name: Fredexxxx X. Xxxx Xxxle: Senixx Xxxx President Title: Treaxxxxx Xxxxxx: /x/ Katherine P. Feld Attest /s/ Katherine P. Feld Name: Katherxxx X. Xxxx Name: Kathexxxx X. Xxxx THE ALGER IXXXXXXXXXXXX XXXXS By: /x/ Frederick A. Blum Name: Fredexxxx X. Xxxx Title: Treaxxxxx Attest: /s/ Katherine P. Feld Name: Kathexxxx X. Xxxx SPECTRA FUND By: /s/ Frederick A. Blum Name: Fredexxxx X. Xxxx Title: Treaxxxxx Attest: /s/ Katherine P. Feld Name: Kathexxxx X. Xxxx THE CHINA-U.X. XXXXXX XXXX By: /s/ Frederick A. Blum Name: Fredexxxx X. Xxxx Title: Treaxxxxx Attest: /s/ Katherine P. Feld Name: Kathexxxx X. Xxxx CASTLE CONVXXXXXXX XXXX, XXX. By: /s/ Frederick A. Blum Name: Fredexxxx X. Xxxx Title: Treaxxxxx Attest: /s/ Katherine P. Feld Name: Kathexxxx X. Xxxx THE ALGER FXXXX By: /s/ Frederick X. Xlum Name: Fredexxxx X. Xxxx Title: Treaxxxxx Attest: /s/ Katherine P. Feld Name: Kathexxxx X. Xxxx EXHIBIT A Castle Convertible Fund, Inc. Spectra Fund The Alger American Fund The Alger Funds The Alger Institutional Funds The Xxxxx-U.S. Growth Fund
LIMITATION OF LIABLITY. 10.1 Any liability of Sub-Processor is limited to the affected Services and to the amount (excluding VAT) invoiced by Sub-Processor under the Agreement and timely paid by Controller, in the three (3) months prior to the day on which the liability arises, with a maximum of twenty- five thousand euros (EUR 25.000,=) per damaging event or series of damaging events.
LIMITATION OF LIABLITY. Liability of either party to the other for any breach of this Grant Agreement shall be limited to the lesser of: (i) actual direct, foreseeable damages resulting from such breach, or (ii) the fair market value of the payments, products, and services provided by one party to the other under this Grant Agreement. EXCLUDING DAMAGES ARISING DUE TO GRANTEE’S BREACH OF ITS OBLIGATIONS UNDER THE CONFIDENTIALITY PROVISIONS OF THIS GRANT AGREEMENT, UNDER NO CIRCUMSTANCES WILL EITHER PARTY TO THIS GRANT AGREEMENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCURRED OR SUFFERED BY THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS GRANT AGREEMENT (INCLUDING WITHOUT LIMITATION, LOST REVENUE, LOSS OF INCOME OR LOSS OF BUSINESS ADVANTAGE), EVEN IF SUCH PARTY OR AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER EITHER PARTY’S REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. Each signatory to this Grant Agreement represents and warrants that he or she possesses all necessary capacity and authority to act for, sign and bind the party on whose behalf he or she is signing this Grant Agreement. This Grant Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. GRANTEE SIGNATURE IS EFFECTED BY CLICKING THE AGREEMENT TO TERMS AND CONDITIONS.
LIMITATION OF LIABLITY. 6.1 BDB shall not be liable for any damages, losses and/or consequential damage or loss that the CLIENT may suffer as a result of:-
LIMITATION OF LIABLITY. In no event will C-DAC or SP be liable to the other party for any incidental, consequential, special, and exemplary or direct or indirect damages, or for lost profits, lost revenues, or loss of business arising out of the subject matter of this MOU, regardless of the cause of action, even if the party has been advised of the likelihood of damages.
LIMITATION OF LIABLITY. Since the services referred to herein be advisory in nature, the Client expressly understands and agrees that the Advisor shall not be held liable in any way relating to the performance of any investment vehicle utilized by the Client. Including, any outcome of a decision made in connection with the full or partial implementation of any of the recommendations made by the Advisor; provided that, the Advisor has complied with all federal and state laws and/or regulations regulating the provision of investment advisory services. The Client agrees that, in the absence of fraud, willful misconduct, or willful negligence on the part of the Advisor, the Advisor shall not be responsible in any way whatsoever for any loss incurred by reason of any act or omission of the Client, any custodian, or any brokerage firm. The Client does not waive any rights under the Investment Advisors Act of 1940 or the Florida Securities and Investor Protection Act, Chapter 517 of the Florida Statutes. However, the Client understands that profits cannot be assured on any transaction, and neither the Advisors acceptance of the Client's Investment Policy Statement nor any other provision of this Agreement shall be considered a guarantee that the overall investment effort will be profitable or any specific result will be achieved. It is further understood that the Advisor is acting as the agent of Client and other property in the Portfolio are held and traded solely at and for the risk of Client. In addition, the Client agrees that, the Advisor shall have no liability to the Client or any other person for any loss or other harm to any property in the Portfolio, whether held in the custody of the Custodian or any other person. Including, any harm to any property in the Portfolio held in the custody of the Custodian resulting from the insolvency of the Custodian or any acts of the agents or employees of the Custodian. Regardless of whether or not the Securities Investor Protection Corporation (“SIPC”) or any other insurance, which may be carried by the Custodian, covers the full amount or such loss. The Client understands that SIPC provides only limited protection for the loss of property held by a custodian. The Advisor shall not be liable or responsible for any act or failure to act of any broker, bank or similar agent utilized by the Advisor effecting any transaction on Client's behalf, or for the financial solvency of any such broker, bank or agent. The Advisor shall not be held liable...
