Limitations and exclusions of liability. 9.1 Nothing in this Agreement will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law. 9.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this Agreement: (a) are subject to Clause 9.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 9.3 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings. 9.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income. 9.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production. 9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities. 9.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software. 9.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
Appears in 7 contracts
Samples: Software Maintenance Agreement, Software Maintenance Agreement, Software Maintenance Agreement
Limitations and exclusions of liability. 9.1 10.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 10.2 The limitations and exclusions of liability set out in this Clause 9 10 and elsewhere in this Agreement:
(a) are subject to Clause 9.110.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 10.3 [Neither party shall be liable to the other party] OR [The Provider Consultant shall not be liable to the CustomerClient] OR [The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of profits or anticipated savings.
9.4 10.4 [Neither party shall be liable to the other party] OR [The Provider Consultant shall not be liable to the CustomerClient] OR [The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of revenue or income.
9.5 10.5 [Neither party shall be liable to the other party] OR [The Provider Consultant shall not be liable to the CustomerClient] OR [The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of use or production.
9.6 10.6 [Neither party shall be liable to the other party] OR [The Provider Consultant shall not be liable to the CustomerClient] OR [The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of business, contracts or opportunities.
9.7 10.7 [Neither party shall be liable to the other party] OR [The Provider Consultant shall not be liable to the CustomerClient] OR [The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss or corruption of any data, database or software.
9.8 10.8 [Neither party shall be liable to the other party] OR [The Provider Consultant shall not be liable to the CustomerClient] OR [The Customer Client shall not be liable to the ProviderConsultant] in respect of any special, indirect or consequential loss or damage.
Appears in 4 contracts
Samples: Consultancy Agreement, Consultancy Agreement, Consultancy Agreement
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 11.2 The limitations and exclusions of liability set out in this Clause 9 11 and elsewhere in this Agreement:
(a) are subject to Clause 9.111.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 11.3 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of any loss of profits or anticipated savings.
9.4 11.4 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of any loss of revenue or income.
9.5 11.5 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of any loss of use or production.
9.6 11.6 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of any loss of business, contracts or opportunities.
9.7 11.7 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of any loss or corruption of any data, database or software.
9.8 11.8 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of any special, indirect or consequential loss or damage.
Appears in 4 contracts
Samples: Software License Agreement, Free Software License Agreement, Free Software License Agreement
Limitations and exclusions of liability. 9.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 16.2 The limitations and exclusions of liability set out in this Clause 9 16 and elsewhere in this Agreement:
(a) are subject to Clause 9.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 16.3 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any losses arising out of a Force Majeure Event.
16.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 16.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 16.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 16.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 16.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software[; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4].
9.8 16.9 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
16.10 The liability of [each party to the other party] OR [the Provider to the Customer] OR [the Customer to the Provider] under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events].
16.11 The aggregate liability of [each party to the other party] OR [the Provider to the Customer] OR [the Customer to the Provider] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Provider under this Agreement].
Appears in 3 contracts
Samples: Saas Agreement, Saas Agreement, Saas Agreement
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 11.2 The limitations and exclusions of liability set out in this Clause 9 11 and elsewhere in this Agreement:
(a) are subject to Clause 9.111.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 11.3 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss losses arising out of profits or anticipated savingsa Force Majeure Event.
9.4 11.4 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of revenue profits or incomeanticipated savings.
9.5 11.5 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of use revenue or productionincome.
9.6 11.6 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of business, contracts use or opportunitiesproduction.
9.7 11.7 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of business, contracts or corruption of any data, database or softwareopportunities.
9.8 11.8 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss or corruption of any data or database.
11.9 [Neither party shall be liable to the other party] OR [The Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the Developer] in respect of any special, indirect or consequential loss or damage.
11.10 The liability of [each party to the other party] OR [the Developer to the Customer] OR [the Customer to the Developer] under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Developer under this Agreement in the 12 month period preceding the commencement of the event or events].
11.11 The aggregate liability of [each party to the other party] OR [the Developer to the Customer] OR [the Customer to the Developer] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Developer under this Agreement].
Appears in 3 contracts
Samples: Software Development Agreement, Software Development Agreement, Software Development Agreement
Limitations and exclusions of liability. 9.1 14.1 Nothing in this Agreement these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(db) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
9.2 14.2 The limitations and exclusions of liability set out in this Clause 9 14 and elsewhere in this Agreementthese Terms and Conditions:
(a) are subject to Clause 9.114.1; and
(b) govern all liabilities arising under this Agreement these Terms and Conditions or relating to the subject matter of this Agreementthese Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreementthese Terms and Conditions.
9.3 [Neither party shall be liable to the other party] OR [14.3 The Provider shall will not be liable to the Customer] OR [Customer in respect of any losses arising out of a Force Majeure Event. A service outage from any third party technology provider (such as Google inc.) used by the Provider to offer the Hosted Services constitutes a Force Majeure event.
14.4 The Customer shall Provider will not be liable to the Provider] Customer in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [14.5 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [14.6 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [14.7 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [14.8 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage, including but not limited to reputational harm.
14.9 The aggregate liability of the Provider to the Customer under the Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under the Agreement in the 3 month period preceding the commencement of the event or events.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Limitations and exclusions of liability. 9.1 13.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 13.2 The limitations and exclusions of liability set out in this Clause 9 13 and elsewhere in this Agreement:
(a) are subject to Clause 9.113.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 [Neither party shall be liable to the other party] OR [13.3 The Provider shall not be liable to the Customer] OR [Customer in respect of any losses arising out of a Force Majeure Event.
13.4 The Customer Provider shall not be liable to the Provider] Customer in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [13.5 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [13.6 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [13.7 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [13.8 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [13.9 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
13.10 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement.
Appears in 2 contracts
Samples: Saas Agreement, Saas Agreement
Limitations and exclusions of liability. 9.1 15.1. Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 15.2. The limitations and exclusions of liability set out in this Clause 9 18 and elsewhere in this Agreement:
(a) are subject to Clause 9.118.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 [Neither party shall be liable to the other party] OR [The Provider 15.3. Venuedirectory shall not be liable to the Customer] OR [The Customer Venue Partner in respect of any losses arising out of a Force Majeure Event.
15.4. Venuedirectory shall not be liable to the Provider] Venue Partner in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [The Provider 15.5. Venuedirectory shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] Venue Partner in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [The Provider 15.6. Venuedirectory shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] Venue Partner in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider 15.7. Venuedirectory shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] Venue Partner in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [The Provider 15.8. Venuedirectory shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] Venue Partner in respect of any loss or corruption of any data, database or software; providing that this Clause 18.8 shall not protect Venuedirectory unless Venuedirectory has fully complied with its obligations under Clause 8.3 and Clause 8.4.
9.8 [Neither party shall be liable to the other party] OR [The Provider 15.9. Venuedirectory shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] Venue Partner in respect of any special, indirect or consequential loss or damage.
Appears in 2 contracts
Limitations and exclusions of liability. 9.1 17.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 17.2 The limitations and exclusions of liability set out in this Clause 9 17 and elsewhere in this Agreement:
(a) are subject to Clause 9.117.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 17.3 [Neither party shall be liable to the other party] OR [The Provider Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderManufacturer] in respect of any loss losses arising out of profits or anticipated savingsa Force Majeure Event.
9.4 17.4 [Neither party shall be liable to the other party] OR [The Provider Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderManufacturer] in respect of any loss of revenue profits or incomeanticipated savings.
9.5 17.5 [Neither party shall be liable to the other party] OR [The Provider Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderManufacturer] in respect of any loss of use revenue or productionincome.
9.6 17.6 [Neither party shall be liable to the other party] OR [The Provider Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderManufacturer] in respect of any loss of business, contracts use or opportunitiesproduction.
9.7 17.7 [Neither party shall be liable to the other party] OR [The Provider Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderManufacturer] in respect of any loss of business, contracts or corruption of any data, database or softwareopportunities.
9.8 17.8 [Neither party shall be liable to the other party] OR [The Provider Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderManufacturer] in respect of any loss or corruption of any data, database or software.
17.9 [Neither party shall be liable to the other party] OR [The Manufacturer shall not be liable to the Customer] OR [The Customer shall not be liable to the Manufacturer] in respect of any special, indirect or consequential loss or damage.
17.10 The liability of [each party to the other party] OR [the Manufacturer to the Customer] OR [the Customer to the Manufacturer] under an Order shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Manufacturer under that Order].
17.11 The aggregate liability of [each party to the other party] OR [the Manufacturer to the Customer] OR [the Customer to the Manufacturer] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Manufacturer under this Agreement].
Appears in 2 contracts
Limitations and exclusions of liability. 9.1 12.1 Nothing in this Agreement XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
9.2 12.2 The limitations and exclusions of liability set out in this Clause 9 12 and elsewhere in this AgreementXXXX:
(a) are subject to Clause 9.112.1; and
(b) govern all liabilities arising under this Agreement XXXX or relating to the subject matter of this AgreementXXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this AgreementXXXX.
9.3 [Neither party shall be liable to the other party] OR [12.3 The Provider shall Licensor will not be liable to the Customer] OR [User in respect of any losses arising out of a Force Majeure Event.
12.4 The Customer shall Licensor will not be liable to the Provider] User in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [12.5 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [12.6 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [12.7 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [12.8 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any special, indirect or consequential loss or damage.
12.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this XXXX in the 12 month period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this XXXX shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this XXXX.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limitations and exclusions of liability. 9.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 16.2 The limitations and exclusions of liability set out in this Clause 9 16 and elsewhere in this Agreement:
(a) are subject to Clause 9.116.1; and
(b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the Agreement.
9.3 [Neither party shall be liable to the other party] OR [16.3 The Provider shall not be liable to the Customer] OR [Customer in respect of any losses arising out of a Force Majeure Event.
16.4 The Customer Provider shall not be liable to the Provider] Customer in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [16.5 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [16.6 The Provider shall not be liable to the Customer] OR [Customer / The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [16.7 Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] party in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [16.8 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [16.9 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) €3,500 ex VAT; and
(b) the total amount paid and payable by the Customer to the Provider under the Agreement in the 12 month period preceding the commencement of the event or events.
Appears in 2 contracts
Samples: Terms and Services Agreement, Privacyengine Licence and Services Agreement
Limitations and exclusions of liability. 9.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 16.2 The limitations and exclusions of liability set out in this Clause 9 16 and elsewhere in this Agreement:
(a) are subject to Clause 9.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 16.3 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any losses arising out of a Force Majeure Event.
16.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 16.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 16.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 16.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 16.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software[; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.5 and Clause 7.6].
9.8 16.9 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
16.10 The liability of [each party to the other party] OR [the Provider to the Customer] OR [the Customer to the Provider] under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events].
16.11 The aggregate liability of [each party to the other party] OR [the Provider to the Customer] OR [the Customer to the Provider] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Provider under this Agreement].
Appears in 2 contracts
Samples: Esg Saas Agreement, Saas Agreement
Limitations and exclusions of liability. 9.1 14.1 Nothing in this Agreement XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
9.2 14.2 The limitations and exclusions of liability set out in this Clause 9 14 and elsewhere in this AgreementXXXX:
(a) are subject to Clause 9.114.1; and
(b) govern all liabilities arising under this Agreement XXXX or relating to the subject matter of this AgreementXXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this AgreementXXXX.
9.3 [Neither party shall be liable to the other party] OR [14.3 The Provider shall Licensor will not be liable to the Customer] OR [User in respect of any losses arising out of a Force Majeure Event.
14.4 The Customer shall Licensor will not be liable to the Provider] User in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [14.5 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [14.6 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [14.7 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [14.8 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any special, indirect or consequential loss or damage.
14.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the User to the Licensor under this XXXX in the [12 month] period preceding the commencement of the event or events].
14.10 The aggregate liability of the Licensor to the User under this XXXX shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the User to the Licensor under this XXXX].
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
9.2 11.2 The limitations and exclusions of liability set out in this Clause 9 11 and elsewhere in this AgreementXXXX:
(a) are subject to Clause 9.1Clauses 11.1 and 14.6; and
(b) govern all liabilities arising under this Agreement XXXX or relating to the subject matter of this AgreementXXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this AgreementXXXX.
9.3 [Neither party shall be liable to the other party] OR [11.3 The Provider shall Licensor will not be liable to the Customer] OR [User in respect of any losses arising out of a Force Majeure Event.
11.4 The Customer shall Licensor will not be liable to the Provider] User in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [11.5 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [11.6 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [11.7 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [11.8 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any special, indirect or consequential loss or damage.
11.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the lesser of:
(a) £1,000; and
(b) the total amount paid and payable by the User to the Licensor under this XXXX in the 12 month period preceding the commencement of the event or events.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement (Eula)
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for negligent death or personal injury resulting from negligenceinjury;
(b) limit restrict or exclude any liability responsibility for fraud or fraudulent misrepresentationwrong-doing;
(c) limit any liabilities liability in any way that is manner not permitted under by applicable law; or
(d) exclude any liabilities that may which are not be excluded under applicable law.
9.2 11.2 The limitations and exclusions of liability set laid out in this Clause 9 11 and elsewhere in this Agreement:
(a) are subject to Clause 9.111.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in from contract, in tort (including negligence) and for breach infringement of statutory duty, except to the extent as expressly provided otherwise in this AgreementAgreement otherwise.
9.3 11.3 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of for any loss of profits or anticipated anticipitary savings.
9.4 11.4 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of for any loss of revenue or incomeprofits.
9.5 11.5 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of for any loss of use or productionproduction thereof.
9.6 11.6 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in with respect of to any loss of businessenterprise, contracts contract or opportunitiesopportunity.
9.7 11.7 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect for any failure or misuse of any loss or corruption of any datathe records, database or software.
9.8 11.8 [Neither party shall be liable to the other party] OR [The Provider Licensor shall not be liable to the CustomerLicensee] OR [The Customer Licensee shall not be liable to the ProviderLicensor] in respect of for any loss or damage, special, indirect or consequential loss or damageconsequential.
Appears in 1 contract
Samples: Software License Agreement
Limitations and exclusions of liability. 9.1 12.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 12.2 The limitations and exclusions of liability set out in this Clause 9 12 and elsewhere in this Agreement:
(a) are subject to Clause 9.112.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 12.3 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss losses arising out of profits or anticipated savingsa Force Majeure Event.
9.4 12.4 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of revenue profits or incomeanticipated savings.
9.5 12.5 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of use revenue or productionincome.
9.6 12.6 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of business, contracts use or opportunitiesproduction.
9.7 12.7 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss of business, contracts or corruption of any data, database or softwareopportunities.
9.8 12.8 [Neither party shall be liable to the other party] OR [The Provider Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the ProviderDeveloper] in respect of any loss or corruption of any data or database.
12.9 [Neither party shall be liable to the other party] OR [The Developer shall not be liable to the Customer] OR [The Customer shall not be liable to the Developer] in respect of any special, indirect or consequential loss or damage.
12.10 The liability of [each party to the other party] OR [the Developer to the Customer] OR [the Customer to the Developer] under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Developer under this Agreement in the 12 month period preceding the commencement of the event or events].
12.11 The aggregate liability of [each party to the other party] OR [the Developer to the Customer] OR [the Customer to the Developer] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Developer under this Agreement].
Appears in 1 contract
Samples: Web Design and Development Agreement
Limitations and exclusions of liability. 9.1 15.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 15.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this Agreement:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 15.3 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any losses arising out of a Force Majeure Event.
15.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 15.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 15.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 15.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 15.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or softwaredata providing that the Provider has fully complied with its obligations].
9.8 15.9 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Service Agreement
Limitations and exclusions of liability. 9.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 16.2 The limitations and exclusions of liability set out in this Clause 9 16 and elsewhere in this Agreement:
(a) are subject to Clause 9.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 [Neither party shall be liable to the other party] OR [16.3 The Provider shall not be liable to the Customer] OR [Customer in respect of any losses arising out of a Force Majeure Event.
16.4 The Customer Provider shall not be liable to the Provider] Customer in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [16.5 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [16.6 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [16.7 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [16.8 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [16.9 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
16.10 The Provider shall not be liable to the Customer in respect of any loss or damage as consequence of infection by its employees, service providers, visitors, customers or patients.
16.11 The Provider shall not be liable to the Customer in respect of any loss or damage as consequence of bad PPE practice by its employees, service providers, visitors, customers or patients.
16.12 The Provider shall not be liable to the Customer in respect of any loss or damage related to the outcome of training, lack of training, wrongful practice, infection and contamination, wrongful execution of PPE protocols, wrongful detection of PPE errors, lack of detection of PPE errors.
16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) $ 5,000 New Zealand dollars; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events.
16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of:
(a) $ 5,000 New Zealand dollars; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement.
Appears in 1 contract
Samples: Saas Service Level Agreement
Limitations and exclusions of liability. 9.1 10.1 Nothing in this the Agreement will:
(a) limit or exclude any the liability of a Party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a Party for fraud or fraudulent misrepresentationmisrepresentation by that Party;
(c) limit any liabilities liability of a Party in any way that is not permitted under applicable law; or;
(d) exclude any liabilities liability of a Party that may not be excluded under applicable law.
9.2 10.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this Agreement10:
(a) are subject to Clause 9.1; and10.1;
(b) govern all liabilities arising under this the Agreement or relating in relation to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty; and
10.3 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, except CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, OR ANY BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT.
10.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSSES ARISING OUT OF A FAILURE BY IT TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE ARISES BY REASON OF A FORCE MAJEURE EVENT.
10.5 The Provider's liability in relation to any event or series of related events will not exceed the Charges paid and payable by the Customer to the extent expressly provided otherwise in this Provider under the Agreement during the 12 month period immediately preceding the event or events giving rise to the claim.
10.6 The Provider's aggregate liability under the Agreement will not exceed the total Charges paid by the Customer to the Provider under the Agreement.
9.3 [Neither party shall be liable to the other party] OR [10.7 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of for any loss or corruption damage suffered by the Customer as a result of the suspension or unavailability of the Services, or the inability of the Provider to provide the Services, resulting (in any such case) from any breach of any datalaws, database statutes or software.
9.8 [Neither third party shall be liable to the other party] OR [The Provider shall not be liable to rights by the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Limitations and exclusions of liability. 9.1 22.1. Nothing in this Agreement these Terms and Conditions will:
(a) 22.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
(b) 22.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) 22.1.3. limit any liabilities in any way that is not permitted under applicable law; or
(d) 22.1. 4. exclude any liabilities that may not be excluded under applicable law.
9.2 22.2. The limitations and exclusions of liability set out in this Clause 9 22 and elsewhere in this Agreementthese Terms and Conditions:
(a) 22.2.1. are subject to Clause 9.122.1; and
(b) 22.2.2. govern all liabilities arising under this Agreement these Terms and Conditions or relating to the subject matter of this Agreementthese Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreementthese Terms and Conditions.
9.3 [Neither party shall be liable to the other party] OR [The Provider 22.3. Airbox shall not be liable to the Customer] OR [The Customer in respect of any losses arising out of a Force Majeure Event.
22.4. Airbox shall not be liable to the Provider] Customer in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [The Provider 22.5. Airbox shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [The Provider 22.6. Airbox shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider 22.7. Airbox shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [The Provider 22.8. Airbox shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software; providing that this Clause 22.8 does not apply to liabilities under Clause 16 (Confidentiality obligations) or Clause 18 (Data protection).
9.8 [Neither party shall be liable to the other party] OR [The Provider 22.9. Airbox shall not be liable to the Customer] OR [The Customer in respect of any loss of or damage to goodwill or reputation.
22.10. Airbox shall not be liable to the Provider] Customer in respect of any damage to property, death or personal injury arising directly or indirectly out of any reliance placed by the Customer or any person authorised by the Customer using the Airbox Solution.
22.11. Airbox shall not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
22.12. The liability of Airbox to the Customer under the Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to Airbox, excluding the costs of any engineering work, under the Agreement in the 12 month period preceding the commencement of the event or events giving rise to the liability.
Appears in 1 contract
Samples: Terms of Service
Limitations and exclusions of liability. 9.1 16.1 Nothing in this Agreement will:: DRAFT
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 16.2 The limitations and exclusions of liability set out in this Clause 9 16 and elsewhere in this Agreement:
(a) are subject to Clause 9.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 16.3 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any losses arising out of a Force Majeure Event.
16.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 16.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 16.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 16.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 16.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software[; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4].
9.8 16.9 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage. DRAFT
16.10 The liability of [each party to the other party] OR [the Provider to the Customer] OR [the Customer to the Provider] under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events].
16.11 The aggregate liability of [each party to the other party] OR [the Provider to the Customer] OR [the Customer to the Provider] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Customer to the Provider under this Agreement].
Appears in 1 contract
Samples: Saas Agreement
Limitations and exclusions of liability. 9.1 14.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 14.2 The limitations and exclusions of liability set out in this Clause 9 14 and elsewhere in this Agreement:
(a) are subject to Clause 9.114.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 14.3 [Neither party shall be liable to the other party] OR [The Provider Supplier shall not be liable to the CustomerDistributor] OR [The Customer Distributor shall not be liable to the ProviderSupplier] in respect of any loss losses arising out of profits or anticipated savingsa Force Majeure Event.
9.4 14.4 [Neither party shall be liable to the other party] OR [The Provider Supplier shall not be liable to the CustomerDistributor] OR [The Customer Distributor shall not be liable to the ProviderSupplier] in respect of any loss of revenue profits or incomeanticipated savings.
9.5 14.5 [Neither party shall be liable to the other party] OR [The Provider Supplier shall not be liable to the CustomerDistributor] OR [The Customer Distributor shall not be liable to the ProviderSupplier] in respect of any loss of use revenue or productionincome.
9.6 14.6 [Neither party shall be liable to the other party] OR [The Provider Supplier shall not be liable to the CustomerDistributor] OR [The Customer Distributor shall not be liable to the ProviderSupplier] in respect of any loss of use or production.
14.7 [Neither party shall be liable to the other party] OR [The Supplier shall not be liable to the Distributor] OR [The Distributor shall not be liable to the Supplier] in respect of any loss of business, contracts or opportunities.
9.7 14.8 [Neither party shall be liable to the other party] OR [The Provider Supplier shall not be liable to the CustomerDistributor] OR [The Customer Distributor shall not be liable to the ProviderSupplier] in respect of any loss or corruption of any data, database or software.
9.8 14.9 [Neither party shall be liable to the other party] OR [The Provider Supplier shall not be liable to the CustomerDistributor] OR [The Customer Distributor shall not be liable to the ProviderSupplier] in respect of any special, indirect or consequential loss or damage.
14.10 The liability of [each party to the other party] OR [the Supplier to the Distributor] OR [the Distributor to the Supplier] under an Order shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Distributor to the Supplier under that Order].
14.11 The aggregate liability of [each party to the other party] OR [the Supplier to the Distributor] OR [the Distributor to the Supplier] under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) [the total amount paid and payable by the Distributor to the Supplier under this Agreement].
Appears in 1 contract
Samples: Distribution Agreement
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law.
9.2 11.2 The limitations and exclusions of liability set out in this Clause 9 11 and elsewhere in this Agreement:
(a) are subject to Clause 9.1; and11.1;
(b) govern all liabilities arising under this Agreement or relating any collateral contract or in relation to the subject matter of this AgreementAgreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty; and
(c) will not limit or exclude the liability of the parties under the express indemnities set out this Agreement, except to the extent expressly provided otherwise and any amounts paid under any indemnity in this AgreementAgreement shall not count towards any aggregate liability cap under Clause 11.10.
9.3 [Neither party shall be liable to the other party] OR [11.3 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits profits, income, revenue, use, production or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [11.4 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of for any loss of business, contracts or commercial opportunities.
9.7 [Neither party shall be liable to the other party] OR [11.5 The Provider shall will not be liable for any loss of or damage to the Customer] OR [goodwill or reputation.
11.6 The Customer shall Provider will not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [11.7 The Provider shall will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
11.8 The Provider will not be liable for any losses arising out of a Force Majeure Event.
11.9 The Provider liability in relation to any event or series of related events will not exceed the greater of:
(a) £250,000; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement during the 3 month period immediately preceding the event or events giving rise to the claim.
11.10 The Provider's aggregate liability under this Agreement and any collateral contracts will not exceed the greater of:
(a) £250,000; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement.
Appears in 1 contract
Samples: Terms and Conditions
Limitations and exclusions of liability. 9.1 18.1 Nothing in this Agreement these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 18.2 The limitations and exclusions of liability set out in this Clause 9 18 and elsewhere in this Agreementthese Terms and Conditions:
(a) are subject to Clause 9.118.1; and
(b) govern all liabilities arising under this Agreement these Terms and Conditions or relating to the subject matter of this Agreementthese Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreementthese Terms and Conditions.
9.3 [Neither party shall be liable to the other party] OR [18.3 The Provider shall not be liable to the Customer] OR [Customer n respect of any losses arising out of a Force Majeure Event.
18.4 The Customer Provider shall not be liable to the Provider] Customer in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [18.5 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [18.6 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [18.7 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [18.8 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software; providing that this Clause 18.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 8.3 and Clause 8.4.
9.8 [Neither party shall be liable to the other party] OR [18.9 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
18.10 The liability of the Customer to the Provider under the Agreement in respect of any event or series of related events shall not exceed:
Appears in 1 contract
Samples: Terms and Conditions
Limitations and exclusions of liability. 9.1 Nothing in this Agreement will10.1 This clause 10 sets out the entire financial liability of the Provider (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer:
(a) limit arising under or exclude any liability for death or personal injury resulting from negligencein connection with this Agreement;
(b) limit in respect of any use made by the Customer of the Platform, Services and Documentation or exclude any liability for fraud or fraudulent misrepresentation;part of them; and
(c) limit in respect of any liabilities representation, statement or tortious act or omission (including negligence) arising under or in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable lawconnection with this Agreement.
9.2 The limitations 10.2 Except as expressly and exclusions of liability set out in this Clause 9 and elsewhere specifically provided in this Agreement:
(a) the Customer assumes sole responsibility for results obtained from the use of the Platform, Services and Documentation by the Customer and any Authorised Person, and for conclusions drawn from such use. The Provider shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Provider by the Customer in connection with the Services, or any actions taken by the Provider at the Customer's direction;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
(c) the Platform, Services and Documentation are subject provided to Clause 9.1the Customer on an "as is" basis.
10.3 Nothing in this Agreement excludes the liability of the Provider:
(a) for death or personal injury caused by the Provider’s negligence; or
(b) for fraud or fraudulent misrepresentation.
10.4 Subject to clause 10.2 and clause 10.3:
(a) the Provider shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising Provider’s total aggregate liability in contract, in tort (including negligence) and for negligence or breach of statutory duty), except misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the extent expressly provided otherwise in total value of the Minimum Access Charges for the life of this Agreement.
9.3 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Master Services Agreement
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 11.2 The limitations and exclusions of liability set out in this Clause 9 11 and elsewhere in this Agreement:
(a) are subject to Clause 9.111.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 [Neither party shall be liable to the other party] OR [11.3 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of:
(a) any losses arising out of a Force Majeure Event; and/or
(b) any loss of profits or anticipated savings.; and/or
9.4 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of (c) any loss of revenue or income.; and/or
9.5 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of (d) any loss of use or production.; and/or
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of (e) any loss of business, contracts or opportunities.; and/or
9.7 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of (f) any loss or corruption of any data, database or software.software and/or
9.8 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of (g) any special, indirect or consequential loss or damage.
11.4 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 months period preceding the commencement of the event or events.
11.5 The Customer and shall fully indemnify and hold harmless the Provider against all liabilities, costs, expenses, damages and all other professional costs and expenses suffered or incurred by the Provider arising out of or in connection with:
1. any breach of the Customer’s obligations and/or warranties pursuant to this Agreement;
2. non-performance and/or negligent performance of the Customer’s obligations pursuant to this Agreement; and
3. any claim arising from the Customer’s obligations under Data Protection Laws and, further specifically, the Customer’s obligations as set out in Clause 8 of this Agreement in respect of its processing the End User Data.
Appears in 1 contract
Samples: Business Terms & Conditions
Limitations and exclusions of liability. 9.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 16.2 The limitations and exclusions of liability set out in this Clause 9 16 and elsewhere in this Agreement:
(a) are subject to Clause 9.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
9.3 [16.3 Neither party shall be liable to the other party] OR [party in respect of any losses arising out of a Force Majeure Event.
16.4 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [16.5 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] Custome in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [16.6 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [16.7 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [16.8 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [16.9 The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any special, indirect or consequential loss or damage.
16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider under this Agreement in the 4 month period preceding the commencement of the event or events.
16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider under this Agreement.
Appears in 1 contract
Samples: Saas Agreement
Limitations and exclusions of liability. 9.1 11.1 Nothing in this Agreement XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
9.2 11.2 The limitations and exclusions of liability set out in this Clause 9 11 and elsewhere in this AgreementXXXX:
(a) are subject to Clause 9.111.1; and
(b) govern all liabilities arising under this Agreement XXXX or relating to the subject matter of this AgreementXXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this AgreementXXXX.
9.3 [Neither party shall be liable to the other party] OR [11.3 The Provider shall Licensor will not be liable to the Customer] OR [User in respect of any losses arising out of a Force Majeure Event.
11.4 The Customer shall Licensor will not be liable to the Provider] User in respect of any loss of profits or anticipated savings.
9.4 [Neither party shall be liable to the other party] OR [11.5 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of revenue or income.
9.5 [Neither party shall be liable to the other party] OR [11.6 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] in respect of any loss of use or production.
9.6 [Neither party shall be liable to the other party] OR [The Provider shall not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss of business, contracts or opportunities.
9.7 [Neither party shall be liable to the other party] OR [11.7 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any loss or corruption of any data, database or software.
9.8 [Neither party shall be liable to the other party] OR [11.8 The Provider shall Licensor will not be liable to the Customer] OR [The Customer shall not be liable to the Provider] User in respect of any special, indirect or consequential loss or damage.
11.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the total amount paid and payable by the User to the Licensor under this XXXX in the 12 months period preceding the commencement of the event or events.
11.10 The aggregate liability of the Licensor to the User under this XXXX shall not exceed the total amount paid and payable by the User to the Licensor under this XXXX.
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. 9.1 10.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 10.2 The limitations and exclusions of liability set out in this Clause 9 10 and elsewhere in this Agreement:
(a) are subject to Clause 9.110.1; and
(b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the Agreement.
9.3 10.3 [Neither party shall be liable to the other party] OR [party / The Provider Consultant shall not be liable to the Customer] OR [Client / The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of profits or anticipated savings.
9.4 10.4 [Neither party shall be liable to the other party] OR [party / The Provider Consultant shall not be liable to the Customer] OR [Client / The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of revenue or income.
9.5 10.5 [Neither party shall be liable to the other party] OR [party / The Provider Consultant shall not be liable to the Customer] OR [Client / The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of use or production.
9.6 10.6 [Neither party shall be liable to the other party] OR [party / The Provider Consultant shall not be liable to the Customer] OR [Client / The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss of business, contracts or opportunities.
9.7 10.7 [Neither party shall be liable to the other party] OR [party / The Provider Consultant shall not be liable to the Customer] OR [Client / The Customer Client shall not be liable to the ProviderConsultant] in respect of any loss or corruption of any data, database or software.
9.8 10.8 [Neither party shall be liable to the other party] OR [party / The Provider Consultant shall not be liable to the Customer] OR [Client / The Customer Client shall not be liable to the ProviderConsultant] in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Consultancy Agreement