Common use of LIMITATIONS OF LIABILITY AND DISCLAIMER Clause in Contracts

LIMITATIONS OF LIABILITY AND DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU ARISING OUT OF OR RELATING TO YOUR OR ANY CURRENT OR SECONDARY DRIVER’S CRIMINAL, WILLFUL, OR RECKLESS ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, PROVIDED HOWEVER THAT NOTHING HEREIN RELEASES US FROM THE CONSEQUENCES OF OUR OWN ACTIONS OR THE ACTIONS OF OUR REPRESENTATIVES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR INCONVENIENCE, LOSS OF USE, TIME, REVENUE, PROFIT OR ANTICIPATED PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR LOSS OF OR DAMAGE TO ANY PROPERTY OR FOR ANY THIRD-PARTY CLAIMS AGAINST YOU OR ANY SECONDARY DRIVER, ARISING FROM OR RELATED TO THIS AGREEMENT, YOUR PARTICIPATION IN THE PROGRAM OR YOUR OPERATION OF A VEHICLE, AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR DAMAGES WAS DISCLOSED TO OR REASONABLY COULD HAVE BEEN FORESEEN BY YOU. Without in any way limiting the generality of the foregoing, to the fullest extent permitted by applicable law, we and our third party suppliers or subcontractors shall have no liability for (a) any loss of, or damage to, any goods in or on any of the Vehicles or in or on any third-party vehicle, (b) any loss, damage, injury or death in relation to you or any other person arising from any of the Vehicles, (c) any loss or damage incurred by you as a result of any claims made by a third party, or (d) any loss or damage incurred by arising from or in relation to either (i) the non-availability, supply, operation or use of one of the Vehicles, or (ii) any accessories in or to one of the Vehicles, whether supplied or installed by us or by you (for example, luggage racks, bicycle racks, baby seats and the like), and in all cases, you or such current or previous Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use, unless and to the extent such loss or damage is incurred due to our negligence or our failure to carry out our express responsibilities under this Agreement. The foregoing limitations on our liability under this Agreement shall (a) apply regardless of the basis of the claim or form of action including, without limitation, negligence or other tort, or breach of contract, and (b) survive the termination of this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU TAKE POSSESSION OF VEHICLES AND ANY ACCESSORIES OR SERVICES AS IS, AND WE AND OUR THIRD-PARTY SUPPLIERS AND SUBCONTRACTORS, EXPRESSLY DISCLAIM AND EXCLUDE AND SHALL NOT BE BOUND BY ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR OTHERWISE, WITH RESPECT TO THE VEHICLES AND ANY ACCESSORIES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY. YOU ACKNOWLEDGE AND AGREE THAT THE OBLIGATIONS, RESTRICTIONS, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 6 APPLICABLE TO YOU, SHALL ALSO APPLY TO ANY CURRENT OR PREVIOUS SECONDARY DRIVER(S), AS THE CASE MAY BE.

LIMITATIONS OF LIABILITY AND DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU ARISING OUT OF OR RELATING TO YOUR OR ANY CURRENT OR SECONDARY DRIVER’S CRIMINAL, WILLFUL, OR RECKLESS ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, PROVIDED HOWEVER THAT NOTHING HEREIN RELEASES US FROM THE CONSEQUENCES OF OUR OWN ACTIONS OR THE ACTIONS OF OUR REPRESENTATIVES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR INCONVENIENCE, LOSS OF USE, TIME, REVENUE, PROFIT OR ANTICIPATED PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR LOSS OF OR DAMAGE TO ANY PROPERTY OR FOR ANY THIRD-PARTY CLAIMS AGAINST YOU OR ANY SECONDARY DRIVER, ARISING FROM OR RELATED TO THIS AGREEMENT, YOUR PARTICIPATION IN THE PROGRAM OR YOUR OPERATION OF A VEHICLE, AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR DAMAGES WAS DISCLOSED TO OR REASONABLY COULD HAVE BEEN FORESEEN BY YOU. Without in any way limiting the generality of the foregoing, to the fullest extent permitted by applicable law, we and our third party suppliers or subcontractors shall have no liability for (a) any loss of, or damage to, any goods in or on any of the Vehicles or in or on any third-party vehicle, (b) any loss, damage, injury or death in relation to you or any other person arising from any of the Vehicles, (c) any loss or damage incurred by you as a result of any claims made by a third party, or (d) any loss or damage incurred by arising from or in relation to either (i) the non-availability, supply, operation or use of one of the Vehicles, or (ii) any accessories in or to one of the Vehicles, whether supplied or installed by us or by you (for example, luggage racks, bicycle racks, baby seats and the like), and in all cases, you or such current or previous Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use, unless and to the extent such loss or damage is incurred due to our negligence or our failure to carry out our express responsibilities under this Agreement. The foregoing limitations on our liability under this Agreement shall (a) apply regardless of the basis of the claim or form of action including, without limitation, negligence or other tort, or breach of contract, and (b) survive the termination of this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU TAKE POSSESSION OF VEHICLES AND ANY ACCESSORIES OR SERVICES AS IS, AND WE AND OUR THIRD-PARTY SUPPLIERS AND SUBCONTRACTORS, EXPRESSLY DISCLAIM AND EXCLUDE AND SHALL NOT BE BOUND BY ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE VEHICLES AND ANY ACCESSORIES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR DURABILITY FOR A REASONABLE PERIOD OF TIME. YOU ACKNOWLEDGE AND AGREE THAT THE OBLIGATIONS, RESTRICTIONS, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 6 APPLICABLE TO YOU, SHALL ALSO APPLY TO ANY CURRENT OR PREVIOUS SECONDARY DRIVER(S), AS THE CASE MAY BE.

LIMITATIONS OF LIABILITY AND DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR OR ANY CURRENT OR SECONDARY DRIVER’S CRIMINAL, WILLFUL, OR RECKLESS GROSSLY NEGLIGENT ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, PROVIDED HOWEVER THAT NOTHING HEREIN RELEASES US FROM THE CONSEQUENCES OF OUR OWN ACTIONS OR THE ACTIONS OF OUR REPRESENTATIVES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECTEXEMPLARY, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR INCONVENIENCE, LOSS OF USE, TIMEPROFIT, REVENUE, PROFIT OR ANTICIPATED PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR LOSS OF OR DAMAGE TO ANY PROPERTY OR FOR ANY THIRD-PARTY CLAIMS AGAINST YOU OR ANY SECONDARY DRIVER, ARISING FROM OR RELATED TO THIS AGREEMENT, AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM OR YOUR OPERATION OF A VEHICLE, AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR DAMAGES WAS DISCLOSED TO OR REASONABLY COULD HAVE BEEN FORESEEN BY YOUPROGRAM. Without in any way limiting the generality of the foregoing, to the fullest extent permitted by applicable law, we we, our Authorized Representatives and our third party suppliers or subcontractors shall have no liability for (a1) any loss of, or damage to, any goods in or on any of the Vehicles or in or on any third-third party vehiclevehicles, (b2) any loss, damage, injury or death in relation to you or any other person third party arising from any of the Vehicles, (c3) any loss or damage incurred by you as a result of any claims made by a third party, or (d4) any loss or damage incurred by you arising from or in relation to either (iA) the non-availability, supply, operation or use of one of the Vehicles, or (iiB) any accessories in or to one of the Vehicles, whether supplied or installed by us or by you (for example, luggage racks, bicycle racks, baby seats and the like), and in all cases, you or such current or previous Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use, unless and to the extent such loss or damage is incurred due to our negligence or our failure to carry out our express responsibilities under this Agreement. The foregoing limitations on our liability under this Agreement shall (a) apply regardless of the basis of the claim or form of action including, without limitation, negligence or other tort, or breach of contract, and (b) survive the termination of this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU TAKE POSSESSION OF VEHICLES AND ANY ACCESSORIES OR SERVICES AS IS, AND WE WE, OUR AUTHORIZED REPRESENTATIVES, AND OUR THIRD-THIRD PARTY SUPPLIERS AND SUBCONTRACTORS, EXPRESSLY DISCLAIM AND SUBCONTRACTORS EXCLUDE AND SHALL NOT BE BOUND BY ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONSWARRANTIES, EXPRESS OR AN IMPLIED, OR OTHERWISE, WITH RESPECT TO THE VEHICLES AND ANY ACCESSORIES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABLE QUALITYMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE OBLIGATIONS, RESTRICTIONS, DISCLAIMERS, EXCLUSIONS RESTRICTIONS AND LIMITATIONS SET FORTH IN THIS SECTION 6 APPLICABLE TO YOU, SHALL ALSO APPLY TO ANY CURRENT OR PREVIOUS SECONDARY DRIVER(S), AS THE CASE MAY BE.