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No Liability for Breach Sample Clauses

No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
No Liability for Breach. LGO, its respective Affiliates, partners, directors, officers, employees, or agents, are not liable for any breach of these Terms or any agreement entered into pursuant to, or in connection with, the terms of this Agreement where the breach is due to abnormal and unforeseeable circumstances beyond LGO’s control, the consequences of which would have been unavoidable despite all effects to the contrary, nor shall LGO be liable where the breach is due to any action or inaction which is necessary in order to comply with any laws, rules or regulations.
No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules. 9. SITE AVAILABILITY AND ACCURACY 9.1 Access & Availability. Access to XxxxXxxxx.XXX Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. although we strive to provide you with excellent service, we do not guarantee that the Site or other XxxxXxxxx.XXX Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open; and please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues. XxxxXxxxx.XXX shall not be liable for any losses resulting from or arising out of transaction delays.
No Liability for Breach. (a) You acknowledge and agree that the requirements of the above Section 13.1 are reasonable considering the difference in standard Services usage and usage for Mission Critical or High-Risk Activities. (b) Where you do not adhere to the terms of Section 13.1, including failing to strictly adhere to any directions or recommendations we give in relation to Mission Critical or High-Risk Activities, you agree to indemnify and hold us completely harmless regarding the same. We will not accept any liability for use of our Products or Services for Mission Critical or High-Risk Activities where you have not obtained our express permission.
No Liability for Breach. 13.5.1. We are not liable for any breach of this Agreement or any agreement entered into pursuant to, or in connection with, the terms of this Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to any action or inaction which is necessary or desirable in order to comply with any laws, rules or regulations.
No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of Service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control. Access & Availability. Access to the Site and/or App may be intermittent or unavailable at times of high user traffic. We make our best efforts to ensure the Site and Services are available at all times but cannot guarantee they will be at all times.

Related to No Liability for Breach

  • No Liability for Termination Neither party will be liable to the other for any termination or expiration of this Agreement in accordance with its terms.

  • For Breach A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

  • REMEDY FOR BREACH OF WARRANTY 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions. 3.2. Whether to repair or replace the Product will be determined by BYD in its sole discretion. 3.3. The Product or any of its parts to be replaced will have the same performance and reliability as the original Product. If the Production of the relevant type of the Product or any of its parts has been discontinued, withdrawn from the market, or are otherwise unavailable, BYD may replace the Product or parts with a similar Product or part (which may include previously used parts that are equivalent to new in performance and reliability). 3.4. If BYD does not repair or replace the defective Product or parts, BYD will refund You an amount of money calculated as follows: a) If the Product fails to comply with the Limited Performance Warranty in clause 1.3, BYD may calculate the refund using one of the two refund formulas below: i) Refund = maximum claim amount* x (warranted Minimum Throughput Energy - output energy of the Product recorded in the control module of the Product)/ warranted Minimum Throughput Energy; or ii) Refund = maximum claim amount* x (warranted remaining Useable Energy - remaining Useable Energy)/ warranted Usable Energy; and b) If the Product cannot be operated, BYD will calculate the refund as follows: Refund = (maximum claim amount*/120) x (120 - number of months since Warranty Start Date). *The maximum claim amount is the market value of the Product (or an equivalent Product) determined by BYD if it were purchased new with no defects. 3.5. The remedies as set out above are the sole and exclusive obligations of BYD to You under this Limited Warranty, and BYD will have no other liability to You if the Product fails to comply with the Limited Warranty.