Limitations to liability. LANKAPAY disclaims all warranties and obligations of any type, including any warranty of fitness for a particular purpose, and any warranty of the accuracy of unverified information provided, save as contained herein. LANKAPAY does not warrant the quality, functions or performance of any software or hardware device. In no event (except for fraud or willful misconduct or negligence) shall LANKAPAY be liable for any indirect, incidental or consequential damages; any loss of income or profits; any loss of data; any liability that arises from compromise of a certificate owner's private key; any liability that arises from the use of a certificate that is not valid; any liability that arises from the use of a certificate that has not been issued or used in conformance with this CPS; any liability incurred due to reliance on verified information contained in the certificate if the faults in this verified information are due to fraud or willful misconduct of the Certificate Owner\User or any other indirect, consequential or punitive damages arising from or in connection with the use, delivery, license, performance or non- performance of certificates or digital signatures.
Limitations to liability. Notwithstanding anything to the contrary in this Section 12, the liability of the parties hereto for any obligations under this Section 12, except that provided in Sections 12.2(g) and 12.2(h), shall be limited such that no party hereto shall be required to indemnify the other party unless and until the aggregate amount of indemnifiable Damages that may be recovered from such party exceeds $5,000 (after which the indemnifying party shall be liable for the full Damages from the first dollar of Damages). Buyer may deduct the amount of all of Seller’s liability pursuant to this Section 12 from the Common Shares being held back pursuant to Section 2.4. Any such deduction shall take place at a value of $1.50 per share.
Limitations to liability. (a) Neither Seller nor IP Company shall be liable for any damages, losses, claims, costs or expenses (including attorneys’ fees and expenses) (“Damages”) that are suffered by Buyer or its Affiliates (including, after the Closing, the Company) (i) in respect of any individual Claim (or series of related Claims) unless the amount of Damages with respect thereto exceeds US$127,500, and (ii) unless the aggregate amount of Damages with respect to all Claims exceeds $1,800,000 and then for the entire amount of such Damages (and not just the excess).
(b) Seller’s and IP Company’s aggregate maximum liability for all Claims shall not exceed US$18,000,000. Notwithstanding the foregoing, Seller’s maximum liability for all Claims for breaches of Fundamental Warranties or for breaches of any Specified Covenants shall not exceed US$63,750,000 in the aggregate; provided, however, that from and after the 18 month anniversary of the Closing Date, Seller’s and IP Company’s aggregate maximum liability for all Claims (which the Parties hereby acknowledge and agree may, at such time, only consist of Specified Covenant Claims) shall not exceed US$31,875,000; provided, further, that from and after the 30 month anniversary of the Closing Date until the 42 month anniversary of the Closing Date, Seller’s and IP Company’s aggregate maximum liability for all Claims (which the Parties hereby acknowledge and agree may, at such time, only consist of Specified Covenant Claims) shall not exceed US$15,937,500; and provided, further, that from and after the 42 month anniversary of the Closing Date, Seller and IP Company shall have no liability whatsoever for any damages Claims.
(c) For clarity, limitations under this Section 7.03 shall not apply to any price adjustment to be made pursuant to Sections 1.05 and 1.06 hereof.
Limitations to liability. 12.1 ITGTEL shall not be liable for any loss or damage sustained by reason of any disclosure, inadvertent, or otherwise or any information concerning the customer's account or for any disclosure required to be made pursuant to the law or court order. Further ITGTEL shall not liable for any error, omission, or inaccuracy with respect to any information disclosed.
12.2 ITGTEL shall not liable for any lost or damage which may occasioned through the interruption or loss of use of the services from any cause whatsoever, but in case of such interruption or loss of use of the service and unless specified otherwise ITGTEL shall make every effort to rest ore the service as soon as possible.
12.3 ITGTEL reserves the right to change and/or locate any PIN number or USER ID number to customer at any time without being liable for any loss or inconvenience attribute to the change/allocation of the numbers whatever maybe the cause for the change/allocation.
12.4 The customer's sole remedy for the inefficient provision of the service by ITGTEL shall be rebate or credit of the service payments in accordance with ITGTEL's current policies.
12.5 ITGTEL shall not be liable for loss of profits, goodwill, or any type of special or indirect or consequential loss (including action brought against the customer by any third party)
Limitations to liability. 15.1 GeoTel's liability, whether in contract, tort, or otherwise, arising out of or in connection with the Programs, Services, or this Agreement shall not exceed the amounts paid to GeoTel by Quintus for the particular Program or Service giving rise to a cause of action in the twelve (12) month period prior to such cause of action arising. Quintus' liability, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement shall not exceed the amounts paid and payable to GeoTel by Quintus.
15.2 IN NO EVENT SHALL EITHER PARTY OR GEOTEL'S LICENSORS BE LIABLE TO THE OTHER FOR SPECIAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PERFORMANCE OF THE PROGRAMS, SERVICES, OR FOR ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.3 The foregoing limitations in this Section shall not apply to (a) a breach of a party's confidentiality obligations as described herein, (b) bodily injury or tangible property damage proximately caused by a party, (c) violation or infringement of any of GeoTel's intellectual property rights, or (d) a party's obligations under any indemnity under this Agreement.
Limitations to liability. Except for breaches of confidentiality and indemnification obligations in section: Indemnity below, each party hereto: (I) expressly waives any and all claims against the other for consequential, incidental, or special damages (including, without limitation, claims for lost profit, revenues, data, or interruptions in service) arising out of or related to the provisions of any services or work product pursuant to this agreement; and (II) expressly agrees the maximum liability for Senquip with respect to any claim related to this agreement or the Services hereunder will be limited to the lesser of the amount of fee received by Senquip for Services in the preceding 6 months, or $1,500.
Limitations to liability. Except in the event of intent or wilful reckless- ness by The Sound of Applause or The Sound of Applause’s management – therefore except for persons under their control – The Sound of Ap- plause’s liability for damage or loss arising from an agreement or any wrongful act committed against Client will be limited to the amount in- voiced for the portion of the work performed, less the costs incurred by The Sound of Applause in the engagement of third parties, on the under- standing that that amount will not exceed EUR 500,- and will in no event be higher than the fee for the commissioned work.
Limitations to liability. In the event that the Freight Forwarder is liable pursuant to Clause 14 and 15 and/or pursuant to mandatory laws, statutes or regulations, the following limitations shall in any event apply. Liability shall be excluded to the extent that loss, depreciation, damage or delay is caused by:
a) Fault or neglect of the Customer Group b) handling, loading, stowage or unloading of the Goods by the Customer Group
Limitations to liability. Notwithstanding the foregoing, unless in case of fraud, dishonesty or wilful concealment, the liability of each Warrantor in respect of the Warranties: (i) shall not arise unless the amount of all Claims against the Warrantors in respect of the Warranties (or which would have been claimed but for the operation of this subclause) exceeds EUR 50,000, in which case the whole amount and not only the excess over that amount shall be recovered; (ii) shall for the Company not exceed a total amount equal to EUR 9,350,000 as from the date of First Closing but before the date of Second Closing, and shall for the Company not exceed a total amount of EUR 17,000,000 (being the investment amount of the Tranche 1 Series C Shares invested by the New Investors, EUR 9,350,000 plus EUR 7,650,000, being the investment amount of the Tranche 2 Series C Shares invested by the New Investors) as from the date of Second Closing; (iii)shall for the Managers not exceed the amount equal to 75% of 6 months gross salary (these amounts being for Xxx Xxxxxxx NLG 167,523, for Xxxxxx Xxxxx NLG 96,563 and for Xxxx xx Xxxxx NLG 116,588);
Limitations to liability. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
