Common use of Limits on Rogers Liability for Emergency Services Clause in Contracts

Limits on Rogers Liability for Emergency Services. The foregoing applies only to the provision of emergency services on a mandatory basis. The User acknowledges and agrees that Rogers will not be liable for: A. libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogers’ network from User’s property or premises or recorded by User’s equipment or Rogers Equipment; B. damages arising out of User’s act, default, neglect or omission in the use or operation of equipment provided by Rogers; C. damages arising out of the transmission of material or messages over the Rogers Wireless Network on User’s behalf which is in any way unlawful; D. any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from User’s facilities and equipment. Furthermore, except in cases where negligence on Rogers’ part results in physical injury, death or damage to User’s property or premises, Rogers’ liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) User would otherwise be entitled to receive as a refund for the provision of defective service based on the terms of ARESC’s contract with Rogers for the ARESC Account. However, Rogers’ liability is not limited by this Section in cases of deliberate fault, gross negligence or anti- competitive conduct on Rogers’ part or in cases of breach of contract where the breach results from Rogers’ gross negligence.

Limits on Rogers Liability for Emergency Services. The foregoing following applies only to the provision of emergency services on a mandatory basis. The User acknowledges and agrees that Rogers will not be liable for: A. libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogers’ network from User’s property or premises or recorded by User’s equipment or Rogers Equipment; B. damages arising out of User’s act, default, neglect or omission in the use or operation of equipment provided by Rogers; C. damages arising out of the transmission of material or messages over the Rogers Xxxxxx Wireless Network on User’s behalf which is in any way unlawful; D. any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from User’s facilities and equipment. Furthermore, except in cases where negligence on Rogers’ part results in physical injury, death or damage to User’s property or premises, Rogers’ liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) User would otherwise be entitled to receive as a refund for the provision of defective service based on the terms of ARESC’s contract with Rogers for the ARESC Account. However, Rogers’ liability is not limited by this Section in cases of deliberate fault, gross negligence or anti- competitive conduct on Rogers’ part or in cases of breach of contract where the breach results from Rogers’ gross xxxxx negligence.

Limits on Rogers Liability for Emergency Services. The foregoing applies only to the provision of emergency services on a mandatory basis. The User acknowledges and agrees that Rogers will not be liable for: A. libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogers’ network from User’s property or premises or recorded by User’s equipment or Rogers Equipment; B. damages arising out of User’s act, default, neglect or omission in the use or operation of equipment provided by Rogers; C. damages arising out of the transmission of material or messages over the Rogers Xxxxxx Wireless Network on User’s behalf which is in any way unlawful; D. any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from User’s facilities and equipment. Furthermore, except in cases where negligence on Rogers’ part results in physical injury, death or damage to User’s property or premises, Rogers’ liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) User would otherwise be entitled to receive as a refund for the provision of defective service based on the terms of ARESC’s contract with Rogers for the ARESC Account. However, Rogers’ liability is not limited by this Section in cases of deliberate fault, gross negligence or anti- competitive conduct on Rogers’ part or in cases of breach of contract where the breach results from Rogers’ gross negligence.

Limits on Rogers Liability for Emergency Services. The foregoing following applies only to the provision of emergency services on a mandatory basis. The User acknowledges and agrees that Rogers will not be liable for: A. libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogers’ network from User’s property or premises or recorded by User’s equipment or Rogers Equipment; B. damages arising out of User’s act, default, neglect or omission in the use or operation of equipment provided by Rogers; C. damages arising out of the transmission of material or messages over the Rogers Wireless Network on User’s behalf which is in any way unlawful; D. any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from User’s facilities and equipment. Furthermore, except in cases where negligence on Rogers’ part results in physical injury, death or damage to User’s property or premises, Rogers’ liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) User would otherwise be entitled to receive as a refund for the provision of defective service based on the terms of ARESC’s contract with Rogers for the ARESC Account. However, Rogers’ liability is not limited by this Section in cases of deliberate fault, gross negligence or anti- competitive conduct on Rogers’ part or in cases of breach of contract where the breach results from Rogers’ gross negligence.