ON LIABILITY. Schedule 9 shall have effect so as to limit the liability of the parties to one another under the indemnities in Clauses 8.2 and 10, but:
(a) does not limit any liability arising under Schedule 4, Schedule 7 or Schedule 8 or under the Traction Electricity Rules;
(b) in relation to a failure to perform an obligation under the Network Code, only to the extent (including as to time and conditions) that the Network Code so provides; and
(c) subject to Clause 18.3.3.
ON LIABILITY. Neither party excludes or limits its liability to the other for any of the following (and nothing in this Agreement shall be construed as excluding or limiting such liability):
ON LIABILITY. Schedule 9 shall have effect so as to limit the liability of:
ON LIABILITY. 20.1 WellData shall not be liable in any way for any failure to comply with this Agreement, for failure to achieve a Service Level or for any other loss, damage or expense arising directly or indirectly from any hindrance, failure or delay in performing any obligation under this Agreement caused by the actions or omissions of the Customer, its employees, agents, contractors or other third parties providing goods or services to or acquiring them from the Customer.
20.2 Subject always to the remainder of this clause 20, WellData shall be liable to the Customer under this Agreement in respect of all direct loss or damage caused by WellData’s acts or omissions and those of its employees, agents or sub-contractors.
20.3 Without prejudice to the other limitations on both parties liability in this Agreement but subject to clauses 20.5 and 20.8 the liability of either party for any claims arising out of or in connection with this Agreement and/or the Services, however arising shall be limited in respect of all claims in aggregate to the higher of £500,000 or a sum equal to 125% of the Invoiced Charges paid by either parties under this Agreement for invoiced period.
20.4 The parties agree that Service Credits agreed between the parties shall be the Customer’s sole remedy for failure to achieve such Service Levels and no other sums shall be payable and the Customer herby agrees to waive any other claims.
20.5 Notwithstanding any other provision of this Agreement, but subject to clause 20.8, neither party shall have a liability however arising out of or in connection with this Agreement and/or the Services for any:
20.5.1 direct or indirect loss of or damage to:
(a) profit;
(b) revenue;
(c) business;
(d) contract;
(e) opportunities;
(f) anticipated savings;
(g) data;
(h) goodwill;
(i) reputation;
(j) use;
20.5.2 indirect or consequential loss or damage; or
20.5.3 claim arising out of a claim against the Customer by a third party.
20.6 Both parties agree that each of the sub-clauses in clause 20.5 and each of the sub-paragraphs 20.5.1(a) to 20.5.1 (j) in sub-clause 20.5.1 constitute separate terms and the introductory wording of clause 20.5 shall be applied to each of them separately. If there is any claim or finding that any such individual sub-clause or sub-paragraph is unenforceable for any reason, such unenforceability shall not affect any other provision within clause 20.5 or otherwise.
20.7 The term “however arising” when used or referred to in clause 19.4 cover...
ON LIABILITY. 15.1 Subject to Clauses 15.2 and 15.3, the liability of each party under or in connection with a Contract is limited to:
(a) for liability arising from loss of or damage to property, £10,000,000 per occurrence; and
(b) for all other liabilities, the higher of:
(i) £100,000; or
(ii) 150% of the total amounts paid and which would be payable under the Contract.
15.2 Neither party will be liable for any indirect or consequential loss.
15.3 The exclusions and limitation of liability set out in Clauses 15.1 and 15.2 do not apply to:
(a) liability arising from death or injury to persons;
(b) any indemnity; or
(c) anything else which cannot be excluded or limited at law, to which no limit applies. 16
ON LIABILITY. AS AGAINST THE FIRST AND SECOND DEFENDANTS IT IS XXXXXX ORDERED THAT there be judgment for the Claimant against the First and Second Defendants for damages for negligence together with interest at the rate of 12% per annum and costs as prescribed. AS AGAINST THE THIRD DEFENDANT IT IS NOW DECLARED that pursuant to the provisions of Section 10A of the MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) AMENDMENT ACT No. 38 of 1996, and by reason of the Policy of Insurance issued by the Third Defendant to the First Defendant in respect of motor vehicle registration number PBO 9994, the Third Defendant be liable to indemnify the First and Second Defendants in respect of the damages, interests and costs awarded to the Claimant.
ON LIABILITY. Any term or provision of this Indenture to the contrary notwithstanding, the maximum amount of the Subsidiary Guarantee of any Subsidiary Guarantor shall not exceed the maximum amount that can be hereby guaranteed by such Subsidiary Guarantor without rendering such Subsidiary Guarantee voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally.
ON LIABILITY. Business Accounts Liability for Unauthorized Transfer, except for mastercard zero liability protection, if applicable, provisions for consumer liability are not applicable to business accounts such as accounts for sole proprietorship, corporation, partnership, limited liability entity, any other business entity, or an account not established for personal, family or household purpose. Business account customers are solely liable for all authorized and unauthorized uses of their cards to the fullest extent allowed by law. Unless we receive a notice of security breach, use of the card shall be deemed authorized by you, whether in fact authorized by you or not, without any obligation to verify or authenticate its use. You further agree to assist and cooperate with us and any law enforcement agency to identify the unauthorized user and the unauthorized use.
ON LIABILITY. None of the Custodian or any of its directors, officers, agents or employees, shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith in good faith and believed (which belief may be based upon the opinion or advice of counsel selected in the exercise of reasonable care) by it or them to be within the purview of this Agreement, except for its or their own negligence, lack of good faith or willful misconduct. The Custodian and any director, officer, employee or agent of the Custodian may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. In no event shall the Custodian or its directors, officers, agents and employees be held liable for any special, indirect, incidental, punitive or consequential damages resulting from any action taken or omitted to be taken by it or them hereunder or in connection herewith even if advised of the possibility of such damages.
ON LIABILITY. Notwithstanding any other provision contained in this Agreement, neither Party shall be liable under this Article 6 for any exemplary, special, indirect, punitive or consequential losses, damages or expenses, including business interruption or loss of profits. The Parties acknowledge that the Services to be provided hereunder are subject to, and that the remedies under this Agreement are limited by, the applicable provisions of this Article 6 and Article 7, including the limitations on representations and warranties with respect to the Services.
