Limitation of Operator's Liability Sample Clauses

Limitation of Operator's Liability. Operator's ---------------------------------- liability hereunder shall be limited as follows:
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Limitation of Operator's Liability. The total aggregate liability of the Operator to the Company for all liability, including without limitation the Operator's indemnity obligations hereunder, arising out of or in connection with the performance of services under this Agreement in any calendar year shall not exceed the amount of the Operator Fees earned and paid for that calendar year.
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Limitation of Operator's Liability. Operator, its affiliates, directors, officers, employees or agents shall not be responsible or liable to Licensee for any indirect, incidental, consequential, special, exemplary, punitive or other damages, or for any loss of profits, loss of revenue, loss resulting from interruption of business or loss of use or data, even if Operator, its affiliates, directors, officers, employees or agents have been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy of any kind, under any contract, negligence, strict liability or other theory, arising out of or relating in any way to this Agreement or its implementation. In no event shall the total collective liability of Operator, its affiliates, directors, officers, employees and agents arising out of or relating in any way to this Agreement or its implementation exceed the royalty payments and Escrow that are remaining to be paid to or on behalf of Licensee under Section 7(a) hereof, for the remainder of the then-current Initial Term or Renewal Term.
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Limitation of Operator's Liability. Each Owner other than Operator hereby specifically agrees as to its Ownership Interest in the Facilities, that Operator shall not be liable for, and releases Operator from and agrees to indemnify Operator against all claims for loss by or damage to such Owner arising out of, in connection with or as an incident to any act or omission of Operator, its agents, or employees, in operating or maintaining the Facilities. This indemnity shall not apply to negligent acts or willful misconduct of Operator. For purposes of this clause, Operator shall not have committed negligent acts so long as Operator acts in accordance with industry standards of what a prudent operator would do under similar circumstances. This indemnity shall not apply to losses or damage which is covered by insurance that the Operator is required by this Agreement to obtain for the benefit of all Owners. This release shall not apply to Operator's pro rata share of costs and expenses as an Owner as otherwise provided in this Agreement.
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Limitation of Operator's Liability. Subject to Section 10.2.2, Operator's liability hereunder shall be limited as follows: Unless an independent technical engineer, selected in Owner's sole discretion with the consent of the Lenders has determined that any loss or damage to the Facility or failure of the Facility to process Feedstock has resulted directly from mechanical or technical failure, Operator shall be deemed, for purposes of this Agreement and each other Facility Agreement, to have caused any such loss or damage to, or failure of, the Facility, or any property in its care or custody. Notwithstanding the immediately preceding sentence, the amount in Dollars of Operator's liability for any loss of or damage to the Facility, or any other property in the care, custody or control of Operator (including loss or damage to spare parts and materials) shall be limited to the proceeds of the insurance described in Section 8 unless such loss or damage arises through the gross negligence or willful misconduct of the Operator, its employees or its agents.
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Related to Limitation of Operator's Liability

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • Limitation of Seller's Liability This paragraph limits the liability of the seller. This is a usual provision, but flexible, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • Civil Liability If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by him in the performance of his duties, then:

  • Advisor’s Liability The Advisor shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of the statements in each Fund’s offering materials (including the prospectus, the statement of additional information, and advertising and sales materials), except for information supplied by the co-administrators or the Trust or another third party for inclusion therein. The Advisor will not be liable for any error of judgment or mistake of law or for any loss suffered by Advisor or by the Trust in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its duties under this Agreement.

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Limitation of Trust’s Liability The Sub-Advisor acknowledges that it has received notice of and accepts the limitations upon the Trust's liability set forth in its Declaration of Trust. The Sub-Advisor agrees that (i) the Trust's obligations to the Sub-Advisor under this Agreement (or indirectly under the Advisory Agreement) shall be limited in any event to the assets of the Fund and (ii) the Sub-Advisor shall not seek satisfaction of any such obligation from the holders of shares of the Fund nor from any Trustee, officer, employee or agent of the Trust.

  • Company's Liability The Consultant agrees to defend, indemnify, and hold the Company harmless from an against any and all reasonable costs, expenses and liability (including reasonable attorney's fees paid in defense of the Company) which may in any way result pursuant to its gross negligence or willful misconduct or in any connection with any actions taken or statements made, on behalf of the Company, without the prior approval or authorization of the Company or which are otherwise in violation of applicable law.

  • Contractor’s Liability By requiring insurance, the State and DCYF do not represent that the coverage and limits specified will be adequate to protect Contractor. Such coverage and limits shall not limit Contractor’s liability under the terms and conditions of this Contract.

  • Limitation of Guarantor's Liability Each Guarantor and by its acceptance of Notes, each Holder, confirms that it is the intention of all such parties that the Note Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of the Federal Bankruptcy Code, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law relating to fraudulent transfer or conveyance. To effectuate the foregoing intention, the Trustee, the Holders and Guarantors hereby irrevocably agree that the obligations of such Guarantor under its Note Guarantee shall be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Note Guarantee, result in the obligations of such Guarantor under its Note Guarantee constituting a fraudulent transfer or conveyance.

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