Limitation of Vendor’s Liability. (i) That FIU performs reporting and/or reporting functions or maintains certain types of operations; (j) Granting Vendor any right to audit FIU; (k) Attorney's or collections fees provisions; ( l) Arbitration and mediation clauses; and (m) indemnification of the Vendor by FIU.
Limitation of Vendor’s Liability. Notwithstanding anything contained in the Contract, Vendor’s liability will be only for actual direct damages and shall be capped and limited to double the charges or the amounts paid or due and payable to Vendor for the Services that are the subject of the claim.
Limitation of Vendor’s Liability. The following paragraphs of this Schedule shall operate to limit the liability of the Vendors under or in connection with Claims and to afford certain protection to the Vendors.
Limitation of Vendor’s Liability. 7.1 No liability shall accrue hereunder under the Warranties in relation to matters Disclosed.
7.2 The liability of the Vendor hereunder shall be limited as provided in Schedule 7:
Limitation of Vendor’s Liability a) Where Deliverables are under the State’s exclusive management and control, the Vendor shall not be liable for direct damages caused by the State’s failure to fulfill any State responsibilities of assuring the proper use, management and supervision of the Deliverables and programs, audit controls, operating methods, office procedures, or for establishing all proper checkpoints necessary for the State’s intended use of the Deliverables.
b) The Vendor’s liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, shall be limited to two times the value of the Contract. Provided, however, that the State’s Solicitation Documents or the Supplemental Terms and Conditions for Software or Services, if any, may increase Vendor’s maximum liability for damages, but in no event shall the liability for damages be less than the total value of the Contract.
c) The foregoing limitation of liability shall not apply to the payment of costs and damage awards referred to in the Paragraph entitled "Patent, Copyright, and Trade Secret Protection", to claims covered by other specific provisions calling for liquidated damages or specifying a different limit of liability, or to claims for injury to persons or damage to property caused by Vendor’s negligence or willful or wanton conduct. This limitation of liability does not apply to the receipt of court costs or attorney’s fees that might be awarded by a court in addition to damages after litigation based on this Contract.
Limitation of Vendor’s Liability. 6.1 No liability shall accrue hereunder under the Warranties in relation to matters Disclosed.
6.2 The liability of the Vendors hereunder shall be limited to direct damages and as further provided in Schedule 6.
Limitation of Vendor’s Liability. Without prejudice (unbeschadet) to any other exclusions or limitations set forth in this Agreement, the Vendor shall not be liable and the Purchaser shall not have any claims against the Vendor under or in connection with the Vendor’s Representations, if and to the extent (i.e. provided that such exemption shall only relieve the Vendor of its liability to the extent that the occurrence of any of the conditions below would have reduced the respective Loss) that one of the following exemptions applies:
a) the Purchaser, its Affiliates and/or, after the Closing Date, a Target Company, has negligently caused or contributed to the relevant Losses according to section 254 BGB; and/or
b) the procedures and time limits set forth in Clause 11.2 and 11.3 have not been complied with by the Purchaser or any of its Affiliates or the Target Companies and such non-compliance has caused or increased the damage resulting from the Vendor’s Breach; and/or
c) where guarantee statements refer to title to (Inhaberschaft) or ownership of (Eigentum) assets (Gegenstände), the existence of and/or obligation to grant the following third party rights with respect to these assets shall not be deemed to qualify as a Vendor’s Breach: (i) statutory third party rights (e.g. statutory security rights in favour of tax authorities, statutory pre-emption rights (Vorkaufsrechte) of governmental entities, landlord-pledges (Vermieterpfandrechte) according to section 562 BGB; rights according to section 72 VAG) or (ii) customary (handelsübliche) security rights for debt reflected in the Financial Statements or the Interim Financial Statements (e.g. security rights granted to banks to secure their credit); and/or
d) any claims of the Purchaser that result from or are increased as a result of:
(1) any change in accounting practices of the Purchaser, its Affiliates and/ or, after the Closing Date, a company of the Target Group; and/or
(2) any change in the accounting or taxation policies or practices (including methods of submitting Tax Returns) applied by the Purchaser, its Affiliates and/or a company of the Target Group on or after the Closing Date; and/or
(3) the passing of, or a change in, any law, regulation or rule or the change of interpretation of any law, regulation or rule by any of the German Federal Courts reversing or amending its prior interpretation or a change in the written administrative practice of BaFin after the Closing Date or the facts underlying a claim are triggered by trans...
Limitation of Vendor’s Liability. 12.1 The provisions of Schedule 6 shall apply for the purpose of limiting the liability of the Vendor in respect of Warranty Claims and Tax Warranty Claims.
12.2 None of the limitations contained in Schedule 6 or elsewhere in this Agreement shall apply to exclude or limit the liability of the Vendor in respect of any Claim which arises or is increased or which is delayed as a result of fraud or wilful non-disclosure by the Vendor.
Limitation of Vendor’s Liability. 6.1 In this clause, "Claim" means a claim for breach of the Warranties, or a claim under clause 5, or both. The provisions of this clause 6 shall have effect to limit the Vendors' liability for any Claim.
Limitation of Vendor’s Liability. Notwithstanding the provisions of Clause 9, the Vendors shall not be liable in respect of a breach of any of the Warranties if and to the extent that the loss occasioned thereby has been recovered under the Indemnities or the Tax Deed.
