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LIMITATION OR LIABILITY Sample Clauses

LIMITATION OR LIABILITYThe premises, all fixtures thereon, and all property on or around the premises is provided “as is” without any warranties of any kind. Neither iTrip, PDVP nor the Owner shall be responsible for any direct, indirect, consequential, or incidental damages arising out of or relating to this Rental Agreement. The use of premises is “at your own risk.” LIMITED DAMAGE WAIVER PROGRAM
LIMITATION OR LIABILITY. The Escrow Agent shall not be held liable for any loss that may occur by reason of depreciation of the value of any part of the Escrow Fund or any loss incurred on any investment of funds pursuant to this Agreement, except to the extent that such loss is attributable to the fraud, negligence, wilful misconduct or bad faith on the part of the Escrow Agent.
LIMITATION OR LIABILITYThe parties agree that it would not be just or equitable if contribution pursuant to this Section 11 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in Section 11(e). The amount paid or payable by an indemnified party as a result of the losses, claims, damages and liabilities referred to in Section 11(e) shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 11, no Underwriter shall be required to contribute any amount in excess of the amount by which the total price at which the Shares underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this Section 11 are several in proportion to their respective purchase obligations hereunder and not joint. The remedies provided for in this Section 11 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any indemnified party at law or in equity.
LIMITATION OR LIABILITY. 6.1 LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OFANY NATURE AND FROM ANY CAUSE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF STATUTORY PROPRIETARY RIGHTS, INCLUDING PATENT, COPYRIGHT OR TRADEMARK (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4 ABOVE). OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE FURTHER AGREES THAT LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR USE, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND AGAINST I.ICENSEE BY ANY OTHER PARTY. 6.2 LICENSEE ASSUMES SOLE RESPONSIBILITY FOR ENSURING THAT THE BILLING CENTER CAN CORRECTLY READ CALL RECORDS. LICENSEE'S RESPONSIBILITY INCLUDES READING DAILY THE AMA FRAME AND/OR POLLING SYSTEM TAPE(S) BY THE BILLING SYSTEM COMPUTER TO ENSURE ALL TICKET INFORMATION IS PRESENT, RISK OF LOSS FOR ANY DATA. USE, REVENUE OR PROFIT ASSOCIATED THEREWITH IS ON LICENSEE.
LIMITATION OR LIABILITYUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PROVIDER BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, ARISING OUT OF, OR RELATING TO THIS CONTRACT OR CLIENT’S RENTAL OF THE CONTRACT PREMISES. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY CLIENT IN CONNECTION WITH THIS CONTRACT, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. AS EVIDENCED BY CLIENT’S SIGNATURE, CLIENT ACKNOWLEDGES THE PREMISES CONTAINS ANIMALS, BOTH DOMESTICATED AND WILD. CLIENT ACKNOWLEDGES AN UNDERSTANDING OF THE DANGERS, KNOWN AND UNKNOWN, OF DOMESTICATED AND WILD ANIMALS. IN SO ACKNOWLEDING, CLIENT ASSUMES ANY RISK FOR ANY INJURIES ARISING OUT OF ANY ANIMAL ON THE PREMISES.
LIMITATION OR LIABILITY. Bankline’s liability under this Agreement for monetary damages resulting from claims made by Customer or any third party arising from or related to the services provided under this Agreement shall be limited to the amount of actual damages incurred by Customer or the amounts paid by Customer during the [***] period immediately preceding the event in which liability accrued, whichever is less. Additionally, Bankline shall be responsible for costs and expenses, incurred by Customer hereunder. No action arising out of the services of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. This paragraph shall not apply to equitable actions to enforce the provisions of this Agreement.
LIMITATION OR LIABILITY. 6.1 Text omitted per Request For Confidential Treatment By Pinnacle Business Management, Inc. 6.2 Text omitted per Request For Confidential Treatment By Pinnacle Business Management, Inc.
LIMITATION OR LIABILITY. (1) Except as otherwise provided in this Agreement, either Party's liability for slight negligence is limited to a breach of duties essential to this Agreement and to typical damage foreseeable at the time of execution of this Agreement. This limitation does not apply to damage to life, body or health. As far as any damage is covered by insurance, either Party is only liable for costs or losses of the other Party in connection with that insurance.
LIMITATION OR LIABILITY. The Trustee shall not be held liable for any loss that may occur by reason of depreciation of the value of any part of the Trust Estate or any loss incurred on any investment of funds pursuant to this Agreement, except to the extent that such loss is attributable to the fraud, negligence, willful misconduct or bad faith on the part of the Trustee.
LIMITATION OR LIABILITY. (1) Except as otherwise provided in this Agreement, either Party's liability for slight negligence is limited to a breach of duties essential to this Agreement and to typical damage foreseeable at the time of execution of this Agreement. This limitation does not apply to damage to life, body or health. As far as any damage is covered by insurance, either Party is only liable for costs or losses of the other Party in connection with that insurance. (2) Nothing in this Agreement, expressed or implied, is intended to give to any person other than the Parties any right, remedy or claim under or by reason of this Agreement. All covenants, stipulations, promises or agreements in this Agreement shall be for the sole and exclusive benefit of the Parties. (3) Any personal liability of either Party's legal representatives, directors, officers, employees and vicarious agents for slight negligence is excluded. * Confidential portions omitted and filed separately with the Securities and Exchange Commission pursuant to an application for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.