Limitations on Company's liability Sample Clauses

Limitations on Company's liability. The Company’s obligation to Outturn the Client’s Bulk Wheat is modified by the following provisions of this clause: (a) the Company is only liable for damage, destruction or contamination by the Company of the Client’s Bulk Wheat if that damage, destruction or contamination is caused by the gross negligence or wilful default of the Company or its employees, contractors or agents; (b) the liability of the Company to the Client for any such damage, destruction or contamination of Bulk Wheat, if caused by gross negligence or wilful default will not exceed the sum of $250,000 (two hundred and fifty thousand dollars) per event or per series of related events; (c) the Company is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat. (d) notwithstanding any other provision of this Agreement, but subject to any extraneous agreement in writing between the Parties to the contrary, the Company will not be liable for any of the following: (i) claims for Indirect or Consequential Loss; (ii) defects that: (A) are required to be examined by the responsible authority under the provisions of the Export Control Xxx 0000 (Cth); or (B) the Client has taken responsibility for testing prior to shipment, and are not discovered until after the departure of the ship; (iii) quality or quantity claims in respect of a shipment arising upon outturn at a vessel’s destination, if the claims are inconsistent with the records of quantity and quality at the load port and there is no conclusive evidence that such load port records are incorrect or unreliable; (iv) failure by the Company to detect toxic residues, other chemical residues, genetically modified Bulk Wheat or any other contamination, the tests for detection of which are not in general use by the Company or have been advised by the Company to be unreliable relative to the required tolerances; (v) except to the extent caused or contributed to by the gross negligence or wilful default of the Company or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into the Company’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by the Company at the request of the Client, provided the quality meets the outturn standards of the lowest value grade represented in the blend.
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Limitations on Company's liability. (a) The Company shall not be liable in respect of any single claim for Losses unless: 1. the amount of Losses in respect of which the Purchaser is entitled to receive an indemnification as a result of any single claim shall exceed € 10,000 (the “Individual Threshold Amount”) (it being understood that if the amount of such Losses shall exceed the Individual Threshold Amount, the Company’s repayment obligation shall extend to the entire amount of such Losses, including the amount up to the Individual Threshold Amount, subject, however to paragraph 2. below), and 2. the cumulative and aggregate amount of all Losses in respect of which the Company is obligated to indemnify the Purchaser under the preceding paragraph 1. shall exceed € 50,000 (the “Aggregate Threshold Amount”) (it being understood that if the amount of such Losses shall exceed the Aggregate Threshold Amount, the Company’s repayment obligation shall extend to the entire amount of such Losses, including the amount up to the Aggregate Threshold Amount). (b) The Company’s liability under the Additional Representations and Warranties shall in any event be limited to one hundred thousand euro (€100,000) (the “Cap of Liability”). (c) The Parties acknowledge and agree that the limitations set out in Article 5(d)(ii)(a) and (b) only apply to any claim in connection with any Additional Representations and Warranties and shall in no case be deemed to apply to a claim for indemnification pursuant to Article 4 or Article 5(a) and (b) of this Agreement. The Parties hereby acknowledge that the liability of the Company in case of breach or inaccuracy of any representations and warranties or covenant hereunder other than Additional Representations and Warranties shall not be capped, however the Purchaser shall first seek an indemnification from the W&I Insurance to the extent possible. (d) The Parties acknowledge and agree that, should the Loss of the Purchaser or the Company in connection with a claim for indemnification pursuant to Articles 5(c) (other than, for the avoidance of doubt, any liability of the Company under Article 5(a) and (b) of this Agreement) be in excess of the Cap of Liability, the Purchaser’s sole recourse shall be recovery under the W&I Insurance and the W&I Insurer shall have no recourse against the Company unless in case of fraud or wilful misconduct (fraude ou dol). In addition, the Parties acknowledge and agree that the W&I Insurance shall expressly provide that the W&I Insurer irrevoc...
Sample 1
Limitations on Company's liability. The Company shall not under any circumstances be liable under or by reason of this Agreement directly or indirectly for any accident, injury, breakage, or damage to any person or persons, machinery, appliances or property connected with repair or replacement work preformed by the Service Agency; nor shall Company under any circumstances be liable under or by reason of this Agreement for any loss, damage, detention, or delay in furnishing materials when caused by fire, flood, strike, act of God, act of civil or military authorities or by insurrection or riot, or by any other cause which is unavoidable or beyond Company’s control. In no event shall Company be liable to Service Agency for prospective profits or special, indirect, punitive or consequential damages for any reason whatsoever.
Sample 1
Limitations on Company's liability. This Section 20 applies only if one (1) or more of the Linked Accounts is linked to a line of credit which may be accessed to cover or prevent overdrafls on the Linked Account. a. In this Section 20, “Unauthorized Use” means use of a Card by a person, other than Company or the Cardholder, who does not have actual, implied or apparent authority for the use and from which neither the Company nor any Cardholder receives any benefit. Without limiting the foregoing and without limiting the prohibitions stated in Section 19 above, if a Cardholder gives the Card or PIN to another person, any and all use of the Card by that person is not “Unauthorized Use” for the purposes of this Section 21, even if the person exceeds any limitations imposed by the Cardholder.
Sample 1
Limitations on Company's liability. Visa’s Zero Liability Policy may provide Company with protection against unauthorized Visa Business check card transactions processed through the Visa network, including Internet and telephone purchases. If Company suspects that a Visa Business check card or Card number has been lost or stolen, they may not be responsible for any unauthorized purchases if the theft is reported promptly.
Sample 1

Related to Limitations on Company's liability

  • Limitations on Liability The Owner Trustee will not be liable under the Transaction Documents, including for the following actions, except (a) for its own willful misconduct, bad faith or negligence (except for errors in judgment) or (b) if a representation or warranty in Section 6.6 is not true and correct as of the Closing Date: (i) the Owner Trustee will not be liable for any action taken or not taken by it (A) according to the instructions of the Noteholders of a majority of the Note Balance of the Controlling Class, the Indenture Trustee, the Depositor, the holder of the Residual Interest, the Administrator or the Servicer or (B) in good faith which it believes to be authorized or within its rights and powers under this Agreement so long as the action taken or not taken does not amount to negligence; (ii) the Owner Trustee will not be liable for indebtedness evidenced by or created under the Transaction Documents, including the principal of and interest on the Notes or amounts distributable to the holder of the Residual Interest; (iii) the Owner Trustee will not be liable for (A) the validity or sufficiency of this Agreement, (B) the due execution of this Agreement by the Depositor, (C) the form, genuineness, sufficiency, value or validity of the Trust Property, (D) the validity or sufficiency of the other Transaction Documents, the Notes or related documents, (E) the legality, validity and enforceability of a Receivable, (F) the perfection and priority of a security interest created by a Receivable in a Financed Vehicle or the maintenance of any perfection and priority, (G) the sufficiency of the Trust Property or the ability of the Trust Property to generate the amounts necessary to make payments to the Noteholders under the Indenture or distributions to the holder of the Residual Interest under this Agreement or (H) the accuracy of a representation or warranty made under a Transaction Document (other than the representations and warranties made by the Owner Trustee in Section 6.6); (iv) the Owner Trustee will not be liable for the default or misconduct of the Servicer, the Administrator, the Depositor, the holder of the Residual Interest or the Indenture Trustee under the Transaction Documents or for any action taken by the Indenture Trustee, the Administrator or the Servicer in the name of the Owner Trustee; (v) the Owner Trustee will not be responsible or liable for special, punitive, indirect or consequential damages (including lost profit), even if the Owner Trustee has been advised of the likelihood of the loss or damage and regardless of the form of action; or (vi) the Owner Trustee will not be responsible or liable for a failure or delay in the performance of its obligations under this Agreement from or caused by, directly or indirectly, forces beyond its control, including strikes, work stoppages, acts of war, terrorism, civil or military disturbances, nuclear catastrophes, fires, floods, earthquakes, storms, hurricanes or other natural catastrophes and interruptions, loss or failures of mechanical, electronic or communication systems, pandemics or epidemics; the Owner Trustee will use reasonable efforts consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

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