Limitation on Licensor’s Liability. NOTWITHSTANDING ANYTHING SET FORTH HEREIN OR IN ANY OTHER AGREEMENT BETWEEN LICENSOR AND LICENSEE TO THE CONTRARY: (A) LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR (AND LICENSEE AND EACH SUCH OTHER PERSON ASSUME ALL RISK OF) LOSS, DAMAGE OR INJURY, WHETHER ACTUAL OR CONSEQUENTIAL TO: LICENSEE’S PERSONAL PROPERTY OF EVERY KIND AND DESCRIPTION, INCLUDING, WITHOUT LIMITATION TRADE FIXTURES, EQUIPMENT, INVENTORY, SCIENTIFIC RESEARCH, SCIENTIFIC EXPERIMENTS, LABORATORY ANIMALS, PRODUCT, SPECIMENS, SAMPLES, AND/OR SCIENTIFIC, BUSINESS, ACCOUNTING AND OTHER RECORDS OF EVERY KIND AND DESCRIPTION KEPT AT THE LICENSED PREMISES AND ANY AND ALL INCOME DERIVED OR DERIVABLE THEREFROM; (B) THERE SHALL BE NO PERSONAL RECOURSE TO LICENSOR FOR ANY ACT OR OCCURRENCE IN, ON OR ABOUT THE LICENSED PREMISES OR ARISING IN ANY WAY UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN LICENSOR AND LICENSEE WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ANY LIABILITY OF LICENSOR HEREUNDER SHALL BE STRICTLY LIMITED SOLELY TO LICENSOR’S INTEREST IN THE PROPERTY OR ANY PROCEEDS FROM SALE OR CONDEMNATION THEREOF AND ANY INSURANCE PROCEEDS PAYABLE IN RESPECT OF LICENSOR’S INTEREST IN THE PROPERTY OR IN CONNECTION WITH ANY SUCH LOSS; AND (C) IN NO EVENT SHALL ANY PERSONAL LIABILITY BE ASSERTED AGAINST LICENSOR IN CONNECTION WITH THIS AGREEMENT NOR SHALL ANY RECOURSE BE HAD TO ANY OTHER PROPERTY OR ASSETS OF LICENSOR OR ANY OF LICENSOR’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS. UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ANY OF LICENSOR’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR INJURY TO LICENSEE’S BUSINESS OR FOR ANY LOSS OF INCOME OR PROFIT THEREFROM.
Limitation on Licensor’s Liability. Licensee agrees that, Licensor and its pastor, staff, administrators, ministers, volunteers, officers, Trustees, and employees, assume no liability whatsoever for any death, injury, theft, damage or other loss to persons or property arising out of, or in connection with Licensee’s use of the Premises, except to the extent that such death, injury, damage or other loss shall result from the sole negligence of such persons. In no event shall Licensor be obligated to pay to Licensee damages in excess of the aggregate amount of any payments made to Licensor by Licensee under this Agreement.
Limitation on Licensor’s Liability. LicensorThe parties to this Agreement and, theirits respective officers, members, partners, and principals, shall have no personal liability under this License Agreement. Licensee shall look only to Licensor's estate and interest in the Silver Screen Sublease for the satisfaction of Licensee’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Licensor and no other property or assets of Licensor or its officers, members, partners or principals shall be subject to lien, levy, execution or other enforcement procedure for the satisfaction of Licensee's remedies under or with respect to this License Agreement. If Licensee shall acquire such a lien it shall promptly release it by executing and delivering to Licensor an instrument or instruments prepared by Licensor. Licensor shall not be responsible to Licensee or to those claiming by, through or under Licensee for any damage occasioned by or through the acts or omissions, negligent or otherwise, of persons occupying other premises at Chelsea Piers or for any loss or damage resulting from the bursting, stopping or leaking of sprinklers or of vapor, gas, sewer or steam pipes. Licensor shall have no liability or responsibility to Licensee or its agents, employees or invitees for the loss or destruction of property or otherwise unless caused by Licensor’s gross negligence or willful misconduct; and except as otherwise provided herein, Licensee assumes all risk in connection with its operations at and use of the Licensed Area. Formatted: Font: Times New Roman
Limitation on Licensor’s Liability. 5.1. The Licensee agrees to indemnify and hold harmless the Licensor against any and all liability, loss, damage, costs and expenses which the Licensor may incur or suffer whether direct or consequential as a result of any dispute or contractual, tortious or other claims however arising as a result of a breach of this Licence by the Licensee.
Limitation on Licensor’s Liability. Notwithstanding anything to the contrary contained in this License Agreement, Licensee agrees that Licensors shall have no liability or responsibility to Licensee under this License Agreement due to an interruption or suspension of utility services or other services at the Premises or to Licensee's Equipment, if access is denied due to labor dispute or any other reason, or for any malfunction or non-functioning of Licensee's Equipment for any cause, except that in the event electric service to Licensee's Equipment is interrupted for more than 24 consecutive hours due to the negligence of Licensors, Licensors' agents, contractors or employees, then Licensee shall be entitled to damages equal to one day's license payment for each additional 24 consecutive hour period that such interruption continues, which damages may, at either party's option, be paid in the form of a credit against the next accruing monthly license payment hereunder. The maximum liability, if any, of Licensors for any damages arising out of or in connection with this License Agreement, including without limitation contract damages and damages for injuries to persons or property and regardless of whether a claim is based on contract, tort, strict liability or otherwise, shall be limited to an amount not to exceed the aggregate amount of License Agreement Monthly Rental Fees received by Licensors hereunder. In no event shall Licensors be liable for any special, indirect, incidental or consequential damages, including without limitation lost revenues or profits, even if they have been advised of the possibility of such damages. Licensors shall not be liable hereunder for any delay or failure in performance caused by acts beyond Licensors' reasonable control, including without limitation, acts of God, war, vandalism, sabotage, accidents, fires, floods, strikes or labor disputes (including without limitation strikes by or labor disputes with Licensors' unionized labor force), interruption of utility services, or acts of any unit of government or governmental agency.
Limitation on Licensor’s Liability. Except as specifically set forth in Articles 5.4, 5.5, and 6.1, Licensor assumes no liability to Licensee or any third party with respect to the business of Licensee; the quality, performance or characteristics of any services offered, sold, or rendered by Licensee; and/or Licensee’s promotion, advertising, offering, or sale of services under one or more of the Marks. Licensee agrees that Licensor shall have no such liability, and Licensee hereby agrees to indemnify, defend and hold Licensor harmless against any and all damages, liabilities, attorneys’ fees or costs reasonably incurred by Licensor in defending any actual or threatened third party claims arising from the business of Licensee; the quality, performance or characteristics of any services offered, Exhibit 10.4 sold, or rendered by Licensee; and/or Licensee’s promotion, advertising, offering, or sale of services under one or more of the Marks. Licensor may, through counsel of its own choosing, defend or appear in connection with any such third party claims.
Limitation on Licensor’s Liability. Licensor's liability hereunder shall be limited to Licensor's interest in the Building or any proceeds thereof
Limitation on Licensor’s Liability. Licensor’s liability under this Agreement shall be limited to the amount in U.S. Dollars that Licensor has received from Developer in royalty payments prior to the date upon which the relevant claim for damages was filed, or prior to the first royalty payment, the Licensor’s liability shall be limited to all documented costs and disbursements reasonably incurred by the Developer or Five Hundred Thousand Dollars, whichever is lower.
Limitation on Licensor’s Liability. Under the agreement between the Licensor and Licensee regarding the SaaS Offering, the Licensor is only liable for any direct patrimonial damages to the Licensee and liability for loss of profit and whatever consequential damages is excluded in full, unless in case of an intentional breach by the Licensor. The Licensor’s liability for any damages to the Licensee is limited to the fees paid by the Licensee to the Licensor during the previous 12 months, unless in case of an intentional breach by the Licensor. In case of a breach by the Licensor due to gross negligence, the Licensor is only liable for any direct patrimonial damages to the Licensee and liability for loss of profit and whatever consequential damages is excluded in full, whereas the Licensor’s liability for any damages to the Licensee is limited to the fees paid by the Licensee to the Licensor during the previous 24 months. In case of intentional breaches by the Licensor, any limitations on Licensor’s liability do not apply.
Limitation on Licensor’s Liability. Licensor shall have no liability to Licensee or third persons related to Licensee’s Encroachment, including, but not limited to, damages to the Licensee’s improvements resulting from Licensor’s dominant use of the Encroachment Area or from the repair of Licensor facilities or the installation of any additional facilities in the future within the Easement.
