LIMITATIONOF LIABILITY. 22.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other for any Loss relating to or arising out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall not exceed a credit for the actual cost of the Facilities,products, services or functions not performed or provided or improperly performed or provided.
22.2 Except as otherwise expressly provided in specific Attachments, in the case of any Loss alleged or claimed by a Third Party to have arisen out of the negligence or willful misconduct of any Party, each Party shall bear, and its obligation shall be limited to, that portion (as mutually agreed to by the Parties or as otherwise established) of the resulting expense caused by its own neglgi ence or willful misconduct or that of its agents, servants, contractors, or others acting inaidor concert with it.
22.3 A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users or Third Parties that relate to any Interconnection products and/or services provided or contemplated under this Agreement that, to the maximum extent permitted by Applicable Law, such Party shall not be liable to such End User or Third Party for (i) any Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged the End User or Third Party for the Interconnection products and/or services that gave rise to such Loss and (ii) any Consequential Damages. If a Party elects not to place in its tariffs or contracts such limitation(s) of liability, and the other Party incurs a Loss as a result thereof, the first Party shall indemnify and reimburse the other Party for that portion of the Loss that would have been limited had the first Party included in its tariffs and contracts the limitation(s) of liability described in Section 22.0 above.
22.4 Neither Carrier nor AT&T-22STATE shall be liable to the other Party for any Consequential Damages suffered by the other Party, regardless of the form of action, whether in contract, warranty, strict liability, tort or otherwise, including negligence of any kind, whether active or passive (and including alleged breaches of this Agreement and causes of action alleged to arise from allegations that breach of this Agreement constitutes a v...
LIMITATIONOF LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN, EXCEPT FOR ANY LIABILITY OR DAMAGES ARISING OUT OF SECTIONS 6, 7, 8 AND 9 OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (B) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID (PLUS AMOUNTS PAYABLE) TO TOPTAL IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
LIMITATIONOF LIABILITY. 11.1 Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyerin respect of:
(a) anybreachof theseconditions;
(b) any use made or resale by the Buyer of any of the Goods or of any product incorporatinganyoftheGoods;and
11.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.3 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) undersection2(3), ConsumerProtectionAct1987; or
(c) for any matter which it would be illegal for the Company to exclude orattempttoexclude it’s liability; or
LIMITATIONOF LIABILITY. 10.1 Nothing in these Conditions shall limit or exclude the Company’sliability for:
10.1.1 Death or personal injury caused by negligence, or the negligence of its employees, agents or subcontractors (as applicable);
LIMITATIONOF LIABILITY. A copy of the Declaration of Trust establishing the Trust, dated May 16, 2001, together with all amendments, is on file in the office of the Secretary of the Commonwealth of Massachusetts, and notice is hereby given that this Agreement is not executed on behalf of any of the Trustees as individuals and no Trustee, shareholder, officer, employee or agent of the Trust shall be held to any personal liability, nor shall resort be had to their private property, for the satisfaction of any obligation or claim, in connection with the affairs of the Trust or the Fund, but only the assets belonging to the Fund shall be liable.
LIMITATIONOF LIABILITY. It is understood that where a benefit is provided through an insurance policy or plan, the Employer is responsible solely for the payment of premiums unless otherwise agreed. Any dispute regarding the of benefit claims is between the employee and the insurer and will not form the subject of a grievance or be referred to arbitration.
LIMITATIONOF LIABILITY. Nothing in this Agreement shall exclude or restrict any duty or liability to Adviser which Sub-Adviser may have under the FCA Rules.
LIMITATIONOF LIABILITY. The limitation of liability on any default of vendor will not be more than the purchase order value of arising out of this agreement. FOR have this contract on the above mentioned date In Witnesswhereof the parties executed Authorised Signatory of THE CLIENT with official stamnp (Signature) (Name& Designation) oya7 2e1$ Administatine Olcer
LIMITATIONOF LIABILITY. The limitation of liability on any default of vendor will not be more than the purchase order value of arising out of this agreement. GE FO
LIMITATIONOF LIABILITY. The limitation of liability on any default of vendor will not be more than the purchase order value of arising out of this agreement. GEFOR In Witness whereof the parties have executed this contract on the abovementioned date Authorised Signatory of THE CLIENT with official stamp (Signature), LEG OFOR (Name&Designation) COL
