Mutual Limitations of Liability Sample Clauses

Mutual Limitations of Liability. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN WITH RESPECT TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS , YOUR INDEMNITY OBLIGATIONS IN SECTION 12.3, AND YOUR PAYMENT OBLIGATIONS, AND OUR INDEMNITY OBLIGATIONS IN SECTION 12.1, IN NO EVENT SHALL EITHER PARTY’S OR SUCH PARTY’S LICENSORS’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE AFFECTED PRODUCTS AND SERVICES DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST CLAIM ASSERTED HEREUNDER. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
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Mutual Limitations of Liability. 8. Notwithstanding any other clause of this Agreement, the liability of the Client and the Company to each other must be reduced proportionately to the extent that a breach of contract, the failure to comply with a Relevant Law, or the negligent act or omission of a party or its consultants, agents or other contractors contributed to the loss, damage, costs, claims, liability, expense, outgoing or payment incurred by the other party.
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Mutual Limitations of Liability. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN IN RELATION TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS, YOUR INDEMNITY OBLIGATIONS IN SECTION 11, AND YOUR PAYMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY OR SUCH PARTY’S LICENSORS’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCTS AND/OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST CLAIM ASSERTED UNDER THIS CLAUSE. THIS LIMITATION OF LIABILITY SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED, HAVE PROVEN INEFFECTIVE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. 13 CUSTOMER POLICIES AND PRACTICES. IN NO EVENT SHALL LTG BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR THE INITIATION, PROCESSING OR RESULT OF ANY LEGAL OR ADMINISTRATIVE ACTION RELATED TO CUSTOMER’S HUMAN RESOURCES POLICIES OR PRACTICES, INCLUDING WITHOUT LIMITATION EMPLOYMENT DECISIONS, EEO POLICIES, HIRING PRACTICES, EMPLOYMENT DISCRIMINATION OR AFFIRMATIVE ACTION PLANNING. 14 Term. This Agreement will continue in effect for the Term of all Order Forms hereunder. Each Order Form will commence upon its effective date as set forth in the applicable Order Form and continue for the term set forth therein.
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Mutual Limitations of Liability. 8. Notwithstanding any other clause of this Agreement, the liability of the Client and the Company to each other must be reduced proportionately to the extent that a breach of contract, the failure to comply with a Relevant Law, or the negligent act or omission of a party or its consultants, agents or other contractors contributed to the loss, damage, costs, claims, liability, expense, outgoing or payment incurred by the other party. the Company carry out work under the 9. Notwithstanding any other clause of this Agreement, direction of the Client, the Client will be fully responsible for, and must indemnify and hold harmless the Company against any claim, loss or damage of any kind, whether arising in contract, in tort, in equity or by statute connected in any way with the Services, Project or relationship established by this Agreement, in respect of the acts or omissions of the Company, its servants, agents or sub-contractors.
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Mutual Limitations of Liability. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN IN RELATION TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS, YOUR INDEMNITY OBLIGATIONS IN SECTION 11, AND YOUR PAYMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY OR SUCH PARTY’S LICENSORS’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCTS AND/OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST CLAIM ASSERTED UNDER THIS CLAUSE. THIS LIMITATION OF LIABILITY SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED, HAVE PROVEN INEFFECTIVE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. 13. CUSTOMER POLICIES AND PRACTICES. IN NO EVENT SHALL LTG BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR THE INITIATION, itens (a) – (d) acima. c. Recurso Jurídico Exclusivo. À EXCEÇÃO DE OUTRAS OBRIGAÇÕES INDENIZATÓRIAS ESTABELECIDAS NESTE CONTRATO, ESTA SEÇÃO 11 ESTABELECE A TOTALIDADE DAS RESPONSABILIDADES E OBRIGAÇÕES DE CADA PARTE E OS RECURSOS JURÍDICOS EXCLUSIVOS DE CADA XXX XXX PARTES NO QUE DIZ RESPEITO A DEMANDAS DETERCEIROS. 12. LIMITAÇÃO MÚTUA DE RESPONSABILIDADE. a. Limitação xx Xxxxx Consequenciais. À EXCEÇÃO DO EXPRESSAMENTE PROIBIDO POR LEI OU ENTÃO A RESPEITO DE VIOLAÇÕES DE LICENÇA OU RESTRIÇÕES DE CONTEÚDO DO CLIENTE, NENHUMA DAS PARTES OU DE SUAS LICENCIADAS SOB QUALQUER HIPÓTESE SERÁ RESPONSÁVEL POR (A) PERDA DE NEGÓCIOS, CONTRATOS, LUCROS, ECONOMIAS ANTECIPADAS, RECEITA OU REPUTAÇÃO JUNTO AOS CLIENTES; OU (B) PERDA OU CORRUPÇÃO DE DADOS, OU (C) PERDAS OU XXXXX INCIDENTAIS, INDIRETOS OU CONSEQUENCIAIS DE QUALQUER NATUREZA (INCLUINDO, MAS NÃO LIMITADO A, INDENIZAÇÃO MATERIAL, PUNITIVA OU EXEMPLAR). b. Limitações mútuas de responsabilidade. À EXCEÇÃO DO EXPRESSAMENTE PROIBIDO POR LEI E EM CASOS QUE NÃO HAJA VIOLAÇÃO DE LICENÇA OU RESTRIÇÕES DE CONTEÚDO DO CLIENTE, E OBRIGAÇÕES INDENIZATÓRIAS DO CLIENTE ESTABELECIDAS NA SEÇÃO 11 E SUAS OBRIGAÇÕES DE PAGAMENTO, E AS OBRIGAÇÕES INDENIZATÓRIAS DA LTG NA SEÇÃO 11, A RESPONSABILIDADE CUMULATIVA DE QUALQUER XXX XXX PARTES OU DE SUAS LICENCIADAS POR TODAS AS RECLAMAÇÕES DECORRENTES DESTE CONTRATO OU RELACIONADAS A ELE, INDEPENDENTEMENTE DA NATUREZA DA RECLAMAÇÃO, NÃO XXXXXX, XX NENHUM MOMENTO, EXCEDER OS XXXXXXXXX PAGOS PELO CLIENTE PELOS PRODUTOS E/OU SERVIÇOS DURANTE O PERÍODO ANTERIOR DE DOZE (12) MESES DA PRIMEIRA DEMANDA REINVINDICADA NESTA CLÁUSULA. ESTA LIMITAÇÃO DE...
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Mutual Limitations of Liability. In no event shall Landlord or Tenant be liable for any indirect, special or consequential damages in connection with or arising out of its performance or failure to perform pursuant to this Agreement. DATED AS OF THE DATE FIRST ABOVE WRITTEN. LANDLORD: TENANT: WESTON PROPERTIES, LC As Agent for SANTA XXXXX LAND COMPANY, LTD. RACKSPACE US, INC. BY: /s/ Xxxx Xxxxx BY: /s/ Xxxx Xxxxxxxxxx Xxxx Xxxxx, NAME: Xxxx Xxxxxxxxxx Vice President TITLE: Senior Vice President & General Counsel Exhibit “A” Weston Properties Office Lease
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Mutual Limitations of Liability. Professional standards for the performance of real estate appraisals require that appraisers perform their services independently, impartially, and objectively. Clients and other users of appraisals often have separate legal or regulatory obligations imposed on them in relation to the appraisal process. The provisions of this section are designed to assure that an appraiser can render appraisal services in compliance with professional standards for reasonable compensation and to assure that clients and users can comply freely with their own professional and legal obligations, and any modifications hereof must be in writing and signed by the parties.
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Mutual Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY EXCEED THE FEE AMOUNTS ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH A CLAIM; AND
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Related to Mutual Limitations of Liability

  • Limitations of Liability The Trustee shall have no responsibility or liability to:

  • CONDITIONS OF LIMITATION 24.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for sixty (60) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

  • Disclaimer Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

  • Guaranty; Limitation of Liability (a) The undersigned hereby absolutely, unconditionally and irrevocably guarantees the punctual payment when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all Obligations of the Borrower and each other Loan Party now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, contract causes of action, costs, expenses or otherwise (such Obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, fees and expenses of counsel) incurred by the Administrative Agent or any other Secured Party in enforcing any rights under this Guaranty Supplement, the Guaranty, the Credit Agreement or any other Loan Document. Without limiting the generality of the foregoing, the undersigned’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to any Secured Party under or in respect of the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such other Loan Party.

  • No Voting Rights; Limitations of Liability This Warrant shall not entitle the Registered Holder hereof to any voting rights or other rights as a stockholder of the Company. No provision hereof, in the absence of affirmative action by the Registered Holder to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Registered Holder shall give rise to any liability of such Registered Holder for the Exercise Price of Warrant Shares acquirable by exercise hereof or as a stockholder of the Company.

  • Disclaimer of Liability NASA is not restricted in, or liable for, the use, disclosure, or reproduction of Data without a restrictive notice or for Data Partner gives, or is required to give, the U.S. Government without restriction.

  • Limitation of Liability and Indemnity In no event shall AI or its suppliers be liable in any way for indirect, special, consequential, or incidental damages or loss of any kind (including without limitation, lost profits, liability or injury to third persons, loss of data, cost of cover, whether foreseeable or not, regardless of whether AI or its suppliers have been advised of the possibility of such damages) arising as a result of licensee’s use or inability to use the Software. You acknowledge that the license fee reflects the allocation of risks between us. AI SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE PRODUCT OR OF ANY COPY PROTECTION DEVICE/CODE WITH WHICH THE SOFTWARE PRODUCT IS SUPPLIED. SPECIFICALLY, AI SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE PRODUCT OR COPY PROTECTION DEVICE/CODE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE PRODUCT AND ANY COPY PROTECTION DEVICE/CODE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE. LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND AI AND ITS SUPPLIERS FROM ANY COST, LOSS, LIABILITY, OR EXPENSE, INCLUDING COURT COSTS AND REASONABLE FEES FOR ATTORNEYS OR OTHER PROFESSIONALS, ARISING OUT OF, OR RESULTING FROM, ANY CLAIM OR DEMAND BROUGHT AGAINST AI, ITS SUPPLIERS OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BY THE LICENSEE OR A THIRD PARTY ARISING FROM OR IN CONJUNCTION WITH ANY PROCUREMENT, INSTALLATION, UTILIZATION, REDEPLOYMENT OR DISPOSAL OF THE SOFTWARE PRODUCT.

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