Limitation of loss Sample Clauses

Limitation of loss. In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise: (A) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Currency Transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency and E-Money at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell the Digital Currency; (B) any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; (C) any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and (D) any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

Limitation of loss. 6.1 The order used to limit the loss is the stop loss order, and it is a solution for suspending the deal that is causing loss of the value to the client's equity. The company advises this order usage in order to gain control over the potential loss of every deal. As shown clearly at certain markets conditions there is no certainty that the limitation of stop loss order is to be executed with the requested rate, or not at all.

Limitation of loss. (a) Notwithstanding anything herein to the contrary, there shall be no recovery for any Loss or alleged Loss by the Buyer to the extent such item relates to or arises from a liability to the extent reflected as a liability of the Company (including when booked as a non-specific provision or reserve) in the financial statements described in Section 3.04 (Financial Statements). Further, any later cancellation or reversal of provisions or reserves shall be set off against any amount of Loss. (b) Each Indemnitee shall use reasonable efforts to mitigate its Losses upon and after becoming aware of any event or condition that would reasonably be expected to give rise to any Losses that are indemnifiable hereunder. (c) Notwithstanding anything herein to the contrary, except with respect to claims based upon fraud, neither the Company nor any Seller shall be liable for, and there shall be no remedy for any Losses of the Buyer with respect to, (i) any misrepresentation or inaccuracy in, or breach of, any representations or warranties of the Company or any Seller set forth herein or in any Schedule or Exhibit hereto or any certificate delivered hereunder, (ii) any breach of or failure in performance prior to Closing of any covenant or agreement to be performed by the Company or any Seller or in any Schedule or Exhibit hereto or any certificate delivered hereunder or (iii) any other Losses arising hereunder.

Limitation of loss. Without prejudice to Section 13.1, under no circumstances will MULTIBANK FX INTERNATIONAL CORPORATION’s liability in relation to a Transaction exceed the value of the consideration actually received by MULTIBANK FX INTERNATIONAL CORPORATION under that Transaction.

Limitation of loss. 16.3.1. Notwithstanding any other Article or sub-provision in these Terms, in no event shall we, any affiliates or our service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise: a. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same; b. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers, or contracts; any loss or waste of overheads, management, or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same; c. any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Virtual Asset price data; any error or delay in the transmission of such data; and/or any interruption in any such data; d. any losses, damages, liabilities, costs or expenses whatsoever suffered or incurred by you in connection with any Service performed or action taken under these Terms unless caused by our gross negligence, wilful default or fraud; and/or e. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms (whether or not you are able to prove such loss or damage). 16.3.2. However, nothing in these Terms purports to exclude or limit liability which cannot be excluded or limited under applicable law.

Limitation of loss. Within 120 days after the end of each Contract Year, Plan shall determine what the cost of Health Services rendered to each Member by Providers would have been if paid for on a fee schedule basis for that Contract Year, using information from claims submitted, including a reasonable estimate for incurred but not reported claims. The fee schedules will be determined by Plan and, as of the Effective Date, shall be the then-current fee schedules for Plan's HMO commercial ("Non-Medicare") and Medicare Benefit Contracts in the Service Area, net of any Copayments and Deductibles and any withhold that would have applied to such fee schedule payments. 1. Non-Medicare. Payor will reimburse Company [*] of all such costs which would have exceeded [*] for any one Non-Medicare Member. In addition, based on information maintained by Plan and information provided by Company, Plan will calculate the amounts paid to Company for Non-Medicare Members, pursuant to section 3.1 and compare that amount to [*] of the commercial fee schedule for that Contract Year. If the amounts paid to Company are less than [*] of the commercial fee schedule, net of any Copayments and Deductibles and any withhold that would have applied to such fee schedule payments, Company will be paid the difference. Payments to Company pursuant to this section will be made within 30 days after the amounts to be paid are determined by Plan.

Limitation of loss. The second (2nd) sentence shall be amended to read as follows: "The fee schedules will be determined by Plan and, as of the Effective Date, shall be the fee schedules in place at the time of execution for Plan's HMO commercial ("Non-Medicare") and Medicare Benefit Contracts in the Service Area, net of any Copayments and Deductibles that would have applied to such fee schedule payments."

Limitation of loss. 2.01 CEI shall not be liable to TENT for any loss sustained as a result of an act, omission or error in judgment, unless CEI acted, or failed to act, and such act or failure to act was constituted in bad faith. 2.02 While the amount of time and personnel required for performance by CEI hereunder will necessarily vary depending upon the nature and type of Services, CEI shall devote such time and effort to make available such personnel as may, from time to time, reasonably be required for the performance of Services hereunder. 2.03 TENT agrees to fully cooperate with CEI and to respond in a timely manner to questions, issues, etc, that are raised by CEI in order that CEI can fully perform the services contemplated herein.

Limitation of loss. Notwithstanding anything herein to the contrary: (i) there shall be no recovery for any Loss or alleged Loss by Buyer or any other Buyer Indemnitee under Section 9.02(a) or Section 9.06, and the Loss shall not be included in meeting the Deductible Amount, if applicable, to the extent such item has been included as a liability in the Final Closing Net Working Capital as determined pursuant to Section 1.07. (ii) neither an Equityholder nor Seller nor any of their respective Affiliates shall be liable to Buyer or any of its Affiliates, including the Company, nor shall Buyer or any of its Affiliates be liable to Sellers or any of their Affiliates, pursuant to any provision of this Agreement, any of the agreements contemplated hereby, or otherwise, for any special, punitive or incidental damages provided, however, that this Section 9.02(e)(ii) shall not apply with respect to such damages recoverable by a third party as a result of a Third Party Claim against an Indemnitee for which such Indemnitee is entitled to indemnification pursuant to this Agreement. (iii) there shall be no recovery for any Loss or alleged Loss by Buyer or any other Buyer Indemnitee under Section 9.02(a) or Section 9.06, and the Loss shall not be included in meeting the Deductible Amount with respect to any of the following: (A) the filing of an election under Section 338 of the Code by Buyer or any of its Affiliates or similar election under state, local or foreign law, (B) any characterization of the transactions contemplated hereunder as an asset sale due to actions taken by Buyer, the Surviving Corporation, Merger Sub or any of their Affiliates on or after the Effective Time, (C) the amount of or use of any net operating loss carryover or credit carryover or similar Tax attribute of the Company or its Subsidiaries after the Closing Date, (D) any Tax resulting from a transaction or event undertaken by Buyer on or after the Effective Time that is outside of the ordinary course of business, and (E) any Taxes reflected in the Final Closing Net Working Capital.

Limitation of loss. Anything in this Agreement to the contrary notwithstanding, in no event shall the Fiscal Agent, acting in such capacity, or any Paying Agent or Transfer Agent be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Fiscal Agent and any Paying Agent or Transfer Agent, as the case may be, has been advised of the likelihood of such loss or damage and regardless of the form of action.