Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Kodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law.
Nothing in the Agreement shall prohibit Employee from serving on the board of directors of any profit or non-profit corporation not in direct competition with Bancorp or the Bank or with any other subsidiary, sister or affiliated corporation of Bancorp. In addition, Employee may own stock in any other corporation whether or not the stock is publicly traded; provided, that if such corporation operates a business in competition with Bancorp Employee may not own more than five percent (5%) of the outstanding shares of such corporation.
Nothing in the Agreement is intended to provide any contract for the benefit of third parties, and no such persons or entities shall have any cause of action as against the States arising from this Agreement, nor shall such third parties have any cause of action to enforce any provisions of this Agreement.
Nothing in the Agreement will operate so as to exclude or limit the liability of (a) either party to the other for (i) fraud, (ii) death or personal injury arising out of negligence, or (b) any other liability that cannot be excluded or limited by mandatory applicable law.
Nothing in the Agreement will operate so as to exclude or limit the liability of (a) either party to the other for (i) fraud, (ii) death or personal injury arising out of negligence, or (b) any other liability that cannot be excluded or limited by mandatory applicable law.
10.1 Subject to clause 10.0, the total aggregate liability of Walr under or in relation to the Agreement, including liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence) and breach of statutory duty, will not exceed an amount equal to the Fees paid by the Customer to Walr during the 12 month period immediately preceding the date of occurrence of the first event giving rise to any liability of Walr under or in connection with the Agreement.
10.2 Subject to clause 10.0 and except as otherwise expressly provided in this Agreement, Walr will not be liable to the Customer for any Losses incurred as a result of any Claim by any third party (including Authorised Users) which is made against the Customer in respect of the provision or use of the Services or any other matter relating to the subject-matter of the Agreement.
10.3 Subject to clause 10.1, Walr will not be liable to the other party for:
Nothing in the Agreement shall prohibit a Toronto domiciled Flight Attendant from being assigned to flights out of another Toronto area airport, providing the check-in/check-out is at the base airport.
Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership, joint venture, trust or association of any kind between the Parties, nor constitute any Party the agent of the other Party for any purpose.
Nothing in the Agreement w i l l constitute a partnership, agency relationship or contract of employment between the parties.
Nothing in the Agreement shall prohibit the Employer from changing the permanent work schedule to meet emergencies.
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties.
