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. 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. 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. 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. 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 that the CLIENT may suffer as a result of:-
LIMITATION OF LIABLITY. A. Except as otherwise provided in the penultimate sentence of Section VII.A. above, IN NO EVENT SHALL RDSI BE LIABLE FOR LOSS OF GOOD WILL, OR FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE BANK'S USE OF THE SERVICES OR RDSPS SUPPLY OF EQUIPMENT OR SOFTWARE, REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT OR IN CONTRACT. RDSI'S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION RELATING TO THE SERVICES SHALL BE LIMITED TO THE TOTAL FEES PAID BY THE BANK TO RDSI HEREUNDER FOR TEE SERVICES RESULTING IN SUCH LIABILITY IN THE TWO-MONTH PERIOD PRECEEDING THE DATE THE CLAIM ACCRUED; AND RDSI'S AGGREGATE LIABILITY FOR A DEFAULT RELATING TO EQUIPMENT OR SOFTWARE SHALL BE LIMITED TO THE AMOUNT PAID BY THE BANK FOR THE EQUIPMENT OR SOFTWARE.
LIMITATION OF LIABLITY. Unless applicable law requires otherwise, the only remedy that either Party will have for anything related to this Service Agreement is to obtain direct damages from the liable Party up to the amount actually paid by Customer to C Spire Business during the prior one-year period, minus any amounts paid by the liable Party during that same period for any prior liability. Neither Party can recover any other damages from the other, including loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the Party knew they were possible. The limitations in this Section apply, without limitation, to: (i) anything related to the Software; and (ii) claims for breach of contract, breach of warranty, strict liability, negligence or other tort to the extent permitted by applicable law. It also applies even if Customer is not fully compensated for any losses, or C Spire Business knew or should have known about the possibility of damages. The limitations in this Section do not apply to claims for non-payment of amounts due hereunder. NOTHWITHSTANDING ANYTHING IN THE FOREGOING TO THE CONTRARY, C SPIRE BUSINESS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY RELATED TO THE AVAILABILITY OR PERFORMANCE OF MICROSOFT PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE. C SPIRE BUSINESS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY RELATED TO ANY RESPRESENTATIONS, WARRANTIES, OR SERVICE LEVEL AGREEMENTS SET FORTH IN THE MICROSOFT XXXX OR OTHERWISE MADE BY MICROSOFT WITH RESPECT TO THE SOFTWARE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, C SPIRE BUSINESS AND C SPIRE BUSINESS’S EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES, OR MODIFICATIONS TO, OR LOSS, CORRUPTION OR DESTRUCTION OF, ANY OF CUSTOMER’S SOFTWARE, FILES, DATA, OR PERIPHERALS, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOREGIONG OCCURING DURING THE MIGRATION OR STORAGE OF SUCH DATA. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIRD PARTY SERVICE PROVIDERS MAY HAVE ACCESS TO CUSTOMER’S SOFTWARE, FILES, DATA, OR PERIPHERALS DURING THE PROVISION OF SERVICES HEREUNDER AND THAT C SPIRE BUSINESS SHALL HAVE NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF SUCH THIRD PARTY SERVICE PROVIDERS.
