OF THE DAMAGES Sample Clauses

OF THE DAMAGES. Without prejudice to what is stated in this Contract and/or any other amount that the User must cover in favor of the Company in terms of what is established in this instrument and/or in the Current Fee Table, in the event that the Bicycle has not been returned in the terms indicated in this document and/or in the event of any breach by the User of their obligations indicated in this instrument and/or in the event of falsehood in the declarations and/or guarantees made by part of the User, without prejudice to the amounts that the User must cover under the terms of this instrument, the Company may designate a third party in order to assess said facts and the additional amounts that the User must cover in terms of this instrument (for purposes of this Contract referred to as the "Third Party Designated by the Company"). For the purposes of the aforementioned, the Company may notify the User, either immediately or in a subsequent verification of said facts, of the opinion that the Third Party Designated by the Company has made for that purpose. The User will have a period of 10 (ten) calendar days from the sending of the aforementioned notification by the Company, to designate a third party specialist in the facts indicated in said notification (for the purposes of this instrument referred to as the “Third Party Designated by the User”), in order to argue what is convenient for them (hereinafter referred to as the “Extrajudicial Procedure”). In the event that the period indicated in the previous paragraph has elapsed, the Company does not receive the corresponding opinion issued by the Third Party Designated by the User, or this is not carried out in accordance with what is indicated in this Clause, it will be presumed that the User agrees with the opinion made by the Third Party Designated by the Company; in which case, the amounts indicated in the opinion made by the Third Party Designated by the Company, must be covered by the User, either through the collection made by the Company through the Charge to the Bank Account (according to said term defined below) and/or or through the execution of a Guarantee Deposit. In the event that there is a discrepancy between the opinion issued by the Third Party Designated by the Company and the opinion issued by the Third Party Designated by the User, the Company will be authorized to execute the collection of said amounts through the Charge to the Bank Account or through the execution of the Security Deposit. Notwith...
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OF THE DAMAGES. Notwithstanding the provisions of this Contract and/or any other amount the User shall cover in favor of the Company in terms of what is established in this document and/or in the Table of Applicable Rates, in case the Bicycle has not been return in the terms established in this document and/or any other non-compliance by the User to its obligations established in this document and/or in case of misrepresentations in the declarations and/or the guarantees given by the User, without prejudice to the amounts the User must covering purposes of this document, the Company may designate a third party in order to validate those facts and the additional amounts the User might cover in terms of this document (for the purposes of this Contract referred as “The Third Party designated by the Company”). (b) The No Bank Card Holder User and the Bank Card Holder User that may have made the payments through the Payment with DebitCard which amount cannot be charged to the bank card linked to their Membership in terms of the subsection (a) above, authorize that those amounts may be charged by the execution of the Security Deposit; (c) Regarding the subsection (b) above, in case the Security Deposit is not enough, as well as those Bank Card Holder Users for which it is not possible to carry out the Charge to the Bank Account, the User shall be liable to make the payment of the amount within the next 3 (three) business days from the moment it is required by the Company (for the purposes of this Contract referred as “3 Day Payment Obligation”) which may be carried out through the Guarantors; the foregoing unless in terms of this document is established otherwise. The Company will make the Charge to the Bank Account or will execute the Security Deposit for the charges of the amounts established in the Table of Applicable Rates and/or to cover the amounts mentions in this Clause. The foregoing will be applicable without prejudice of the possible liability that could be imputable to the User. The responsibility mentioned above may be imputable to the User, for the time in which the Bicycle was in their physical possession and the terms of this Contract have not been complied, there have been damages caused to the Bicycle, its accessories, the Docking Points and/or the Cycle Stations, or that the damages come from a deterioration greater than the natural wear, or for any other cause that may be directly or indirectly imputable to the User, as well as acts of vandalism that happen ...
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Related to OF THE DAMAGES

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

  • Limitation on Consequential Damages NEITHER PARTY WILL HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), REPRESENTATION, STRICT LIABILITY OR PRODUCT LIABILITY), FOR COVER OR FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, MULTIPLIED, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF A PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THESE EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

  • Limitation of Consequential Damages EXCEPT FOR (A) THIRD PARTY CLAIMS THAT ARE SUBJECT TO INDEMNIFICATION UNDER THIS ARTICLE 10, (B) CLAIMS ARISING OUT OF A PARTY’S WILLFUL MISCONDUCT OR FRAUD UNDER THIS AGREEMENT, (C) A PARTY’S BREACH OF ARTICLE 4, (D) NOVARTIS’ BREACH OF SECTION 6.5, OR (E) CLAIMS ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, NEITHER PARTY NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO THE OTHER PARTY TO THIS AGREEMENT OR ITS AFFILIATES FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), INDEMNITY OR CONTRIBUTION, AND IRRESPECTIVE OF WHETHER THAT PARTY OR ANY REPRESENTATIVE OF THAT PARTY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, ANY SUCH LOSS OR DAMAGE.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Xxxxxxxx Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if Xxxxxxxx Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Waiver of Consequential Damages To the fullest extent permitted by applicable Law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, the Related Documents or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Term Loan or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents, the Related Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

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