LIMITATIONOFLIABILITY. In providing its Services hereunder, Contran shall have a duty to act, and to cause its agents to act, in a reasonably prudent manner, but neither Contran nor any officer, director, employee or agent of Contran or its affiliates shall be liable to Recipient for any error of judgment or mistake of law or for any loss incurred by Recipient in connection with the matter to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Contran.
LIMITATIONOFLIABILITY a. NOTHING HEREIN SHALL LIMIT EACH PARTY´S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE, OR TO ANY EXTENT NOT PERMITTED BY LAW.
b. SUBJECT TO CLAUSE 19(A) ABOVE, NEITHER ROCKET SOFTWARE NOR ITS SUPPLIERS SHALL BE LIABLE FOR: – INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DAMAGES, OR – ANY REGULATORY FINES, OR LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER DIRECTLY OR INDIRECTLY ARISING UNDER OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DAMAGES.
c. SUBJECT TO CLAUSE 19(A), ANY LIABILITY OF ROCKET SOFTWARE OR ITS SUPPLIERS SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID BY CUSTOMER FOR THE CURRENT SUPPORT PERIOD FOR THE SOFTWARE (NOT TO EXCEED 12 MONTHS), INCLUDING ANY OPTIONAL SUPPORT SERVICES DURING THAT PERIOD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING CONTRACT, WARRANTY BREACH, OR TORT.
LIMITATIONOFLIABILITY. In providing its Services hereunder, Valhi shall have a duty to act, and to cause its agents to act, in a reasonably prudent manner, but neither Valhi nor any officer, director, employee or agent of Valhi or its affiliates shall be liable to Recipient for any error of judgment or mistake of law or for any loss incurred by Recipient in connection with the matter to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Valhi.
LIMITATIONOFLIABILITY. 29.1. The Authority accepts no liability for any consequences, whether direct or indirect, that may come about from the Grant Recipient runningtheFundedActivities, theuseof theGrantor fromwithdrawal,withholdingorsuspensionof theGrant.The Recipient shal indemnify and hold harmless the Authority, its Representatives with respect to al actions, claims, charges, demandsLossesandproceedingsarising fromor incurredby reasonof theactionsand/oromissionsof theGrantRecipient inrelationtotheFundedActivities,thenon-fulfilmentofobligationsoftheGrantRecipientunderthisGrantFundingAgreement or itsobligationstoThirdParties.
29.2. Subject to this paragraph29, theAuthority’s liability under this Grant FundingAgreement is limited to theamount of Grantoutstanding.
LIMITATIONOFLIABILITY. I. The Company shall be responsible and liable only for (1) correct functioning of the Platform and (2) maintenance of the correct operation of the smart contracts system, which autonomously conducts processes of providing Crowd funders with Tokens and distributing of the respective bonuses.
II. Company and its affiliates and their respective officers, employees or agents will not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this website and its products), even if the Company has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of the Website and/or Company’s products or another linked website.
III. Due to the Company’s products being offered on the internet (meaning both the World Wide Web and the Ethereum Blockchain) the Company understands that there is a possibility that there might be a certain flow of the Tokens into the USA or to the citizens or residents of the mentioned countries. If you are the citizen or resident of these countries, regardless of your precise location, you are restricted in buying tokens and if you buy them you do it at your own risk and under no circumstances shall company hold responsibility for such purchase of tokens.
IV. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the Tokens, including without limitation as a result of any termination or suspension of the Ethereum network or this agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the Tokens; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with any Token.
V. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppli...
LIMITATIONOFLIABILITY. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, SUPPLIER IS NOT LIABLE FOR ANY LOSSES OR DAMAGES THAT MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE CLOUD SERVICES. SUPPLIER IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS) FOR ANY CLAIM THAT ARISES FROM OR RELATES TO THIS AGREEMENT (INCLUDING THE CLOUD SERVICES), REGARDLESS OF THE FORM ALLEGED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR SUPPLIER’S OBLIGATIONS UNDER SECTION ‘IPR INDEMNITY’, SUPPLIER’S LIABILITY FOR MONETARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE FEES PAID UNDER THIS AGREEMENT FOR THE CLOUD SERVICES IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. 8.1 UsageLimits: Customer will ensure that is usage of the Cloud Services does not exceed the usage terms set forth in this Agreement and will be liable for any excess usage at Supplier’s then current rates during the period in which usages exceeds the licensed amount.
LIMITATIONOFLIABILITY. 16.1 Nothing in this agreement shall limit or exclude the liability of eitherparty for:
16.1.1 death or personal injury resulting from negligence; or
16.1.2 fraud or fraudulent misrepresentation; or
16.1.3 breachofthetermsimpliedbysection12oftheSaleofGoodsAct1979;or
16.1.4 breach of section 2 of the Consumer Protection Act 1987; or
16.1.5 the indemnities contained in clause 15.; or
16.1.6 the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.
16.2 Without prejudice to clause 16.2, J9 shall not be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
16.2.1 loss of business opportunity; or
16.2.2 loss of anticipated saving; or
16.2.3 loss or corruption of data or information; or
16.2.4 special, indirect or consequential damage or loss sufferedby the Supplier thatarises under orinconnectionwiththisagreement.
16.3 Withoutprejudice toclause 16.1 or clause 16.2, J9's total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or forbreach of statutoryduty or misrepresentation, or otherwise, shall be limited as follows:
16.3.1 for non-payment of invoices in relation to the provision of Installation Services , to the amount unpaid, and any interest due on suchamount pursuant to clause 11.4; or
16.3.2 for any other type of liability, to the value of the Order for a period of 6 months from the Installation Date.
LIMITATIONOFLIABILITY a. Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.
b. You acknowledge that the Company has no control over the information that can be accessed by using the Website and the Services and that the Company may not examine your use of the Services or the nature of the information you are sending or uploading. The Company therefore excludes all liability of any kind for the transmission or reception of such information of whatever nature.
c. The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete. They could contain inaccuracies, typographical, human and/or machine errors or omissions. The Company will not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or Services of the Company. For these reasons users of the Website should neither rely, nor act upon any of the information contained within The Website, and if anyone does so, it will be entirely at their own risk.
d. E-mails that are automatically generated from information provided by Customers and Installers are NOT under the editorial control of the Company. These may be automatically sent un-checked and un-edited by the Company and therefore they do not necessarily reflect the opinions and/or beliefs of The Company.
e. The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.
f. You agree that, except for death and personal injury arising from our negligence, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of su...
LIMITATIONOFLIABILITY. Thesponsoragreestoindemnify, defendandholdharmlessAllianceofChannel Women,theeventfacility,theownerofsuchfacility, andthecityinwhichthiseventisbeingheld,andtheirrespectiveofficers,agentsandemployees,fromandagainstallbodilyand personalinjury,loss,claims, ordamagetoanypersonoranypropertyarisinginanywayfromthesponsoringcompany,itsemployees, agents, licensees,contractorsorcustomers.AllianceofChannel Womenshallnotberesponsibleforlossordamagetodisplaysor goodsbelongingtosponsors,whetherresultingfromfire,storms,actsofgod,airconditioningorheatingfailure,theft,pilferage, mysteriousdisappearance, bombthreatsorothercauses.
LIMITATIONOFLIABILITY. Limitation of Liability shall be handled in accordance with Appendix A, Section 10K of DIR Contract No. DIR-TSO-3482.
