Limits to our liability Sample Clauses

Limits to our liability. To the extent permitted by Law, our total liability to you in any 12 month period in respect of all claims in arising out of or connection with all Services supplied to you will not in any circumstances exceed the lesser of: the total amount paid or payable by you to us in the preceding 12 month period; or $1 million. Without limiting the above liability cap, our liability for your loss under or in connection with the Agreement or the Service is reduced to the extent that your acts or omissions including a failure to take reasonable steps to avoid or minimise loss or your equipment (or the acts, omissions or equipment of a third person, including a supplier) cause or contribute to that loss.
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Limits to our liability. The University will not in relation to this Agreement exclude or restrict its liability for claims for death or personal injury. Apart from that, the University’s entire liability arising out of this Agreement shall not exceed £10,000 (GBP). In relation to this Agreement while You may be entitled to claim from the University any direct loss you suffer due to us breaking a key term of this agreement, we hereby exclude the right to claim for indirect and consequential loss of any kind, arising out of any breach of this Agreement (including, for example, loss of profits, loss of opportunity, anticipated savings or anticipated business improvements).
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Limits to our liability. This paragraph 15 (Limits to our liability) will only apply as far as the law allows it. The list and limitations of our liabilities below is in addition to the other matters we do not accept liability for in these Verification Terms and Conditions.
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Limits to our liability. (a) Our liability to you for any non-compliance with a statutory guarantee, or loss or claim arising out of or in connection with the supply of goods or services under this agreement, or any breach by us of this agreement however arising (whether in contract, tort, negligence, statute or otherwise), is limited to: (i) the resupply of MYOB Advanced or related services; or (ii) the cost of re-suppling MYOB Advanced or related services, (iii) and in any event will be limited to the fullest extent permitted by applicable law.
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Limits to our liability. 13.3.1. As far as the law allows, we will not be responsible to you (and we disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from: 13.3.1.1. any interruption or cessation of transmission to or from the SSS Website or SSS App, or IT Technology used by you or us to download, provide or receive the SSS Website or SSS App, the SSS Services or the Content; 13.3.1.2. any Destructive Code which may be transmitted to or through the SSS Website or SSS App, the SSS Website, the SSS Services or the Content; 13.3.1.3. any defect, fault, malfunction and/or delay in your Device, or your Infrastructure, hardware and/or software; 13.3.1.4. any defect, failure, fault and/or delay in connectivity to the internet; 13.3.1.5. any lost data arising out of the installation or use of the SSS Website or SSS App; 13.3.1.6. any unauthorised access to or use of our Infrastructure and/or any and all personal information stored therein whether based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such loss, liability, injury or damage. 13.3.2. The provisions of clause 13.1.2 apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.
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Limits to our liability. As far as the law allows, our aggregate (total) liability (of any nature) to the Client, or any third party, will not exceed the proceeds of any professional indemnity cover the Firm actually receives or that the Firm’s insurers pay to the Client. If there is no professional indemnity cover or no proceeds from such professional indemnity cover are received by us or paid to the Client, then our aggregate liability will be limited to three times the amount of our fees payable in respect of the relevant matter.
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Limits to our liability. To the extent permitted by Law, our total liability to you in any 12 month period in respect of all claims in arising out of or connection with all Services supplied to you by us will not in any circumstances exceed the lesser of: a) the total amount paid or payable by you to us in the preceding 12 month period; or b) $1 million.
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Limits to our liability. You acknowledge that: (a) the quality, frequency, voltage and continuity of electricity, is subject to a variety of factors outside our control; (b) except as required by law, we do not guarantee you, and we make no representation as to, the quality, frequency or the continuity of any electricity supplies to you; and (c) this Agreement does not in any way vary or exclude the operation of our rights or immunities under the Relevant Laws. There may be statutory guarantees, implied conditions or warranties under consumer protection laws that cannot be excluded, which may apply to our supply of electricity supplies to you. Our liability to you for breach of any statutory guarantees or other conditions, warranties or rights under the Competition and Consumer Xxx 0000 (Cth) or any other equivalent law is limited to the maximum extent permitted by those laws. In particular, in respect of our supply to you of any goods or services of a kind other than goods or services ordinarily acquired for personal, domestic or household use or consumption, our liability for a breach of any statutory guarantee or other condition, warranty, representation or right under those laws will be limited to: • providing to you equivalent goods or replacement goods; • payment of the cost of replacing the goods or acquiring equivalent goods; • re-supplying the service; or • the payment of the cost of having the services supplied again, provided that it is fair and reasonable to do so. Notwithstanding any other provision of this Agreement and to the extent permitted by all Relevant Laws, we exclude all liability to you for any and all loss, damage, cost, expense (including legal costs), liability or claim, incurred by you, whether arising directly or indirectly, including (but not limited to) loss of use, loss of production, loss of profit, loss of income, loss of opportunity, loss of anticipated saving, or for any delay, financing costs or increase in operating costs and any other consequential loss, that arises as a result of or in connection with the quality, frequency, voltage or continuity of electricity. You must indemnify us for any breach by you of this Agreement or your negligence in relation to this Agreement to the maximum amount which we are entitled to be compensated under the common law (including in equity) or statute.
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Limits to our liability 
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Related to Limits to our liability

  • Limits on Liability EXCEPT FOR THE INDEMNIFICATION PROVISIONS HEREIN THIS AGREEMENT, NEITHER PARTY IS LIABLE UNDER THIS AGREEMENT FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EXCEPT FOR ANY WILLFUL UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION OR LICENSEE’S WILLFUL BREACH. EXCEPT FOR THE INDEMNIFICATION PROVISIONS HEREIN, LICENSOR’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR INDEMNITY) IS LIMITED TO THE AGGREGATE OF FEES PAID BY LICENSEE TO LICENSOR. UNDER NO CIRCUMSTANCES WILL LICENSOR (OR ITS AGENTS) HAVE LIABILITY RELATING TO PRODUCT USED OR DISTRIBUTED BY LICENSOR OR BY THIRD PARTIES.

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Limitations of contractual liability No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a willful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Project Contract, provided such damage was not caused by a willful act or gross negligence. The terms of the Partnership Agreement shall not be construed to amend or limit any Party’s statutory liability.

  • Cap on Liability Notwithstanding anything to the contrary contained in this Agreement or in any Closing Document, the liability of the Sellers for Losses arising pursuant to or in connection with the representations, warranties, indemnifications, covenants or other obligations (whether express or implied) of the Sellers under this Agreement (or in any Closing Document) shall not exceed $50,000,000 in the aggregate under this Agreement and the Other PSAs combined (the “Cap”), however, the Buyer shall not make any claims for Losses in connection with the representations, warranties, indemnifications, covenants or other obligations (whether express or implied) of the Sellers under this Agreement unless such claims exceed $1,000,000 in the aggregate under this Agreement and the Other PSAs combined (the “Basket”) (at which point the Buyer shall be entitled to make a claim for the aggregate amount of Losses and not just amounts in excess of the Basket). Notwithstanding anything to the contrary contained herein, the Basket and Cap limitations set forth herein shall not apply to Losses suffered or incurred as a result of any breaches of the covenants and obligations of the Sellers set forth in Section 9.1, Article X, Article XII, and Section 14.3.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFT’s: 1. If you notify the Bank within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less 2. If you fail to notify the Bank within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of: • $50.00 or the amount of unauthorized EFTs that occur within the two(2) business days; and • The total of unauthorized EFTs which occur during the two(2) days before notification to the Bank, provided the Bank establishes that these EFTs would not have occurred had the Bank been notified within that two- day period. 3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occurred after the close of the 60-day period and before notice to the Bank and the Bank establishes they would not have occurred had you notified the Bank within the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above. 4. If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation. 5. You may notify the Bank by telephone, writing, or by e-mail using the Secure Email form provided in our Online Banking site. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

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