No Cap on Liability Sample Clauses

No Cap on Liability. 9.1.1 Subject to Section 9.3 neither party’s liability is capped for damages resulting from: a) the parties’ obligations under Section 8.1.1 and 8.2 (excluding SAP’s obligation under Section 8.1.1 where the third party claim(s) relates to Cloud Services not developed by SAP); b) Customer’s unauthorized use of any Cloud Service and / or any failure by Customer to pay any fees due under the Agreement; c) Breach of the obligations imposed by s.12 Sales of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; and/or d) Any liability for other losses which cannot be excluded or limited by applicable law. 9.1.2 Neither party’s liability is capped for damages resulting from: a) fraud or fraudulent misrepresentation, b) death or bodily injury arising from either party’s negligence.
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No Cap on Liability. 14.1.1. Neither party’s liability is capped for damages resulting from: a) death or bodily injury arising from either party’s gross negligence or willful misconduct; and / or b) Prime Contractor’s unauthorized use of any Service and / or any failure by Prime Contractor to pay any fees due under the Agreement;
No Cap on Liability. Neither party’s liability is capped for damages resulting from: (a) unauthorized use or disclosure of Confidential Information; (b) Partner’s indemnity obligations under the Agreement and any SAP PartnerEdge Model; (c) Partner’s unauthorized use, license or resell of any Cloud Service, Software or SAP Materials and/or any failure by Partner to pay any fees due under the Agreement; (d) death or bodily injury arising from either party’s negligence or willful misconduct; (e) Partner’s breach of any Customer and resellers’ licensing requirements set forth in the applicable SAP PartnerEdge Model; (f) breach of the obligations imposed by s.12, Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980; and (g) any other liability which cannot be excluded or limited by applicable law.
No Cap on Liability. Neither party’s liability is capped for damages resulting from: a) Partner’s indemnity obligations under the Agreement and any SAP PartnerEdge Model; b) Partner’s unauthorized use, license or resell of any Cloud Service, Software or SAP Materials and/or any failure by Partner to pay any fees due under the Agreement; c) death or bodily injury arising from either party’s negligence or willful misconduct; d) Partner’s breach of any Customer and resellers’ licensing requirements set forth in the applicable SAP PartnerEdge Model; e) fraud or fraudulent misrepresentation; f) breach of the obligations imposed by s.12, Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980; and g) any other liability which cannot be excluded or limited by applicable law.
No Cap on Liability. Neither party’s liability is capped for damages resulting from: 无责任限额。对于因以下各项引起的损害,任何一方的责任均无限额: (a) unauthorized use or disclosure of Confidential Information; (b) Partner’s indemnity obligations under the Agreement and any SAP PartnerEdge Model; (c) Partner’s unauthorized use, license or resell of any Cloud Service, Software or SAP Materials and/or any failure by Partner to pay any fees due under the Agreement; (d) death or bodily injury arising from either party’s negligence or willful misconduct; (e) Partner’s breach of any Customer and resellers’ licensing requirements set forth in the applicable SAP PartnerEdge Model; (f) breach of the obligations imposed by s.12, Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980; and
No Cap on Liability. Sem Limite Máximo de Responsabilidade A responsabilidade de qualquer uma das partes não estará sujeita a um limite máximo relativamente a danos que resultem: (a) SAP’s obligations under Section 7.1 (excluding SAP’s obligations under Section 7.1 respective to Third Party Software); das obrigações da SAP ao abrigo da Secção 7.1 (excluindo as obrigações da SAP nos termos da Secção 7.1, referentes a Software de Terceiros); (b) death or bodily injury arising from either party’s gross negligence or willful misconduct; (c) Customer’s unlicensed use of the Software; or (d) any failure by Customer to pay Partner any fees due for the Software.
No Cap on Liability. Subject to Section 9.3 neither party’s liability is capped for damages resulting from:
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Related to No Cap on 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.

  • Limitation on Liability The Company and the Underwriters agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in paragraph (d) above. The amount paid or payable by an Indemnified Person as a result of the losses, claims, damages and liabilities referred to in paragraph (d) above shall be deemed to include, subject to the limitations set forth above, any legal or other expenses incurred by such Indemnified Person in connection with any such action or claim. Notwithstanding the provisions of this Section 7, in no event shall an Underwriter be required to contribute any amount in excess of the amount by which the total underwriting discounts and commissions received by such Underwriter with respect to the offering of the Securities exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this Section 7 are several in proportion to their respective purchase obligations hereunder and not joint.

  • Indemnification Liability (a) The Licensee will be liable for and will indemnify and save harmless the Owner, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Owner Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Licensee of its obligations under this Agreement or any negligent act or omission relating to the Licensee’s use and occupation of the Equipment Room, the Building or the Lands under this Agreement, provided that the Licensee will not be required to indemnify the Owner Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Owner Indemnitees. Notwithstanding the foregoing, in no event will the Licensee be liable for or indemnify and save harmless any of the Owner Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages. (b) The Owner will be liable for and will indemnify and save harmless Licensee, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Licensee Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Owner of its obligations under this Agreement or any negligent act or omission relating to the Owner’s ownership or management of the Building or the Lands under this Agreement, provided that the Owner will not be required to indemnify any Licensee Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Licensee Indemnitees. Notwithstanding the foregoing, in no event will the Owner be liable for or indemnify and save harmless any of the Licensee Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages.

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