LIMITATION OFLIABILITY. The sponsoragreesto indemnify, defend and holdharmlessAlliance of Channel Women,theeventfacility, the ownerofsuch facility, and thecityinwhichthiseventisbeing held, and theirrespective officers, agentsand employees, from and againstallbodilyand personalinjury, loss, claims, or damage toany person orany propertyarisingin anywayfrom thesponsoringcompany, itsemployees, agents, licensees, contractorsorcustomers. Alliance of Channel Womenshallnotbe responsible forlossordamage todisplaysor goodsbelonging tosponsors,whetherresulting fromfire,storms,actsofgod,airconditioning orheating failure,theft,pilferage, mysteriousdisappearance,bomb threatsorothercauses.
LIMITATION OFLIABILITY. 30.1 Except in cases of criminal negligence or willful misconduct,
a) the Supplier shall not be liable to the Procuring Entity, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Procuring Entity, and
b) the aggregate liability of the Supplier to the Procuring Entity, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the Procuring Entity with respect to patent infringement.
LIMITATION OFLIABILITY. To the fullest extent permitted by law, the BMJ Group disclaimsall liability for any indirect, consequential or incidental damages (includingwithout limitation, damages for loss of profits, information or interruption)arising out of the use or inability to use the Licensed Material or theinability to obtain additional rights to use the Licensed Material. To thefullest extent permitted by law, the maximum aggregate liability of the BMJGroup for any claims, costs, proceedings and demands for direct losses causedby BMJ Group's breaches of its obligations herein shall be limited to twice theamount paid by you to CCC for the licence granted herein.
LIMITATION OFLIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER CITRIX NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS ARISING FROM YOUR USE OF THE SOFTWARE, SUBSCRIPTION (INCLUDING SUBSCRIPTION WITH SUPPORT) OR SUPPORT, OR DAMAGE ARISING FROM YOUR PARTICIPATION IN HOSTING OR USE OF THIRD PARTY SOFTWARE OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE USE OF THE SOFTWARE, SUBSCRIPTION (INCLUDING SUBSCRIPTION WITH SUPPORT) OR SUPPORT, REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION; OR YOUR EXPORTATION, RE-EXPORTATION, OR IMPORTATION OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE SOFTWARE, SUBSCRIPTION (INCLUDING SUBSCRIPTION WITH SUPPORT) OR SUPPORT AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE OR SUPPORT FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. For purposes of this AGREEMENT, the term “CITRIX AFFILIATE” shall mean any legal entity fifty percent (50%) or more of the voting interests in which are owned directly or indirectly by Citrix Systems, Inc. Affiliates, suppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.
LIMITATION OFLIABILITY. Notwithstanding anything contained in this Agreement, including the Indemnification provisions, the entire liability of GDN for all claims arising out of this Agreement to the Broadcaster or to any third party shall not exceed the lowest Carriage Fee for any 1 (one) month that has till such date been received by GDN from the Broadcaster. Liability more than such paid Carriage Fee, if any, shall be borne by the Broadcaster.
LIMITATION OFLIABILITY. 10.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
10.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 breach of the terms implied by section 12 of the Sale of Products Act 1979;
10.1.4 defective products under the Consumer Protection Act 1987; or
10.1. 5any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
10.2 Subject to clause 10.1:
10.2.1 the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and
10.2.2 the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors shall not exceed the price of the Products supplied under that Contract.
LIMITATION OFLIABILITY. A. The remedies set forth in this agreement are exclusive and in no event shall SOS, its administrators or its employees be liable for special, indirect, incidental, or consequential damages, including, but not limited to lost income or lost revenues, whether such damages arise out of breach of contract, negligence, strict liability, or any other theory of liability. Such damages shall in any event be limited to the charges paid for the previous year by Requestor for the service in connection with which a claim of liability is asserted or imposed. Requestor specifically understands and recognizes that the system by which these services are offered may experience problems of various kinds resulting in an inability to provide services.
B. Requestor agrees that SOS will not be liable for any claim or demand of any nature or kind whether asserted against SOS or against Requestor by any third party, arising out of the services or materials provided for their use. Requestor agrees to hold SOS harmless for claims of third parties arising out of the Requestor’s use of the services or materials provided pursuant to this Agreement.
C. SOS shall not be liable for or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance, including problems with or delays caused by its database or other providers.
D. No action or suit, regardless of form, other than an action for payments due SOS, arising out of the transactions pursuant to this Agreement may be brought more than one year after the cause of the action accrues.
E. The Office of Secretary of State shall at no time be liable for any errors or omissions for information available on any electronic program operated by SOS.
LIMITATION OFLIABILITY.
9.1 Nothing in this Agreement shall limit or restrict or be deemed or construed so as to limit or restrict the liability of Spectrum or the Subscriber for death or personal injury to any person caused by its negligence.
9.2 Subject always to the provisions of Clause 9.1 above, the total liability hereunder of Spectrum in contract, tort or otherwise (including negligence) shall, in respect of all claims under this Agreement, not exceed the total amounts paid to Spectrum by the Subscriber under this Agreement for the 12 months immediately prior to the period in which the claim or claims are made, or £5,000 whichever is the lower amount.
9.3 Subject to the provisions of clause 9.1 (above), Spectrum shall not be liable hereunder, in contract, tort or otherwise (including negligence) for any indirect or consequential losses whatsoever or otherwise howsoever arising including without limitation, loss of profits, revenues, business, contracts, anticipated savings or any other indirect or consequential losses whatsoever and in this Clause 9.3, "anticipated savings" means any saving that the Subscriber anticipated making as a consequence (whether directly or indirectly) of entering into this Agreement.
9.4 Where the Subscriber deals as a consumer, nothing in this Agreement shall affect the Subscriber’s statutory rights.
LIMITATION OFLIABILITY. A. Except as otherwise provided for in this paragraph, neither Party shall be liable to the other Party for any indirect, incidental, consequential, reliance, punitive, or special damages suffered by the other Party (including without limitation damages for harm to business, lost revenues, lost savings, or lost profits suffered by the other Party), regardless of the form of action, whether in contract, warranty, strict liability, or tort, including without limitation negligence of any kind whether active or passive, and regardless of whether the Parties knew of the possibility that such damages could result.
B. A Party’s liability for direct damages for breach of this Agreement or for direct damages arising out of performance under this Agreement shall be limited to one million dollars ($1,000,000.00) in the aggregate during the life of this Agreement, which life shall include performance of the terms of this Agreement after expiration or termination pursuant to Section 3(E) above.
C. The foregoing shall not limit a Party's obligation as set out in this Agreement to indemnify, defend, and hold the other Party harmless against amounts payable to third parties.
D. NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, OR FACILITIES PROVIDED UNDER THIS AGREEMENT. THE PARTIES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
LIMITATION OFLIABILITY. Save for any losses, costs and expenses in relation to the Account arrangement, the Customer agrees that the Bank shall not be responsible for and the Customer shall fully hold the Bank harmless against all other losses, costs and expenses which may be incurred by the Customer or by the Bank if the Account or any part thereof is reduced or frozen by any government or official authority.
