OUR LIMITATION OF LIABILITY. You acknowledge that due to the imperfect nature of verbal, written and electronic communications, neither HQ nor HQ's landlord or any of their respective officers, directors, employees, shareholders, partners, agents or representatives shall be responsible for damages, direct or consequential, that may result from the failure of HQ to furnish any service, including but not limited to the service of conveying messages, communications and other utility or services. Your sole remedy and HQ's sole obligation for any failure to render any service, any error or omission, or any delay or interruption of any service, is limited to an adjustment to your xxxx in an amount equal to the charge for such service for the period during which the failure, delay or interruption continues. WITH THE SOLE EXCEPTION OF THE REMEDY DESCRIBED ABOVE, CLIENT EXPRESSLY AND SPECIFICALLY AGREES TO WAIVE, AND AGREES NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTIAL, INCLUDING WITH RESPECT TO LOST BUSINESS OR PROFITS, ARISING OUT OF ANY FAILURE TO FURNISH ANY SERVICE, ANY ERROR OR OMISSION WITH RESPECT THERETO, OR ANY DELAY OR INTERRUPTION OF SERVICES. HQ DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OUR LIMITATION OF LIABILITY. 13.1 To the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied by legislation, the common law, equity, trade, custom or usage or otherwise relating to the provision by us of the Services, Maintenance, Software, Equipment, or any other equipment or otherwise in connection with this SFOA are expressly excluded.
OUR LIMITATION OF LIABILITY. Our liability for any act or failure to act shall not exceed any direct resulting loss, if any, which you incur and payment of interest. Unless otherwise required by law, we will not be liable for any consequential, indirect or special damage that you incur in connection with your transfers and Bill Pay payments you make through the Services, even if we are aware of the possibility for such damages. We will not be liable for any failure or delay in processing a transfer or Bill Pay payment which occurs, directly or indirectly, as a result of any strike or labor dispute, interruption of communication facilities, computer or equipment failure, fire, flood, war, riot, emergency condition, the actions or omissions of third parties, or any cause which is beyond our reasonable control. You agree that we may refuse to process or delay processing any transfer or Bill Pay payment if the transfer or Bill Pay payment would violate any guideline, rule, policy, law or regulation of any government authority or funds transfer system or if we have reason to believe it is not in our or your best interest to make the Bill Payment or Transfers.
OUR LIMITATION OF LIABILITY. 18.1 Limitation of Liability where Consumer Guarantees apply:- Where we are not permitted to exclude our liability for our breach of a Consumer Guarantee, but are permitted to limit our liability for such a breach and it is fair and reasonable for us to do so, then our liability to you is limited to:
OUR LIMITATION OF LIABILITY. The Business Terms apply relating to limitation of liability. In particular, if we fail to take any action because taking it, in our opinion, would breach a regulatory requirement or market practice, we will not be liable to you for that failure. We will not be liable to you either for any losses arising from any cause beyond our reasonable control and the effect of which is beyond our control to avoid or, any losses that we could not reasonably foresee when provided an instruction which we act upon.
OUR LIMITATION OF LIABILITY. We will not be liable for any damages (including special, indirect, punitive, consequential damages or otherwise) resulting from: • any failure, error, malfunction or inaccessibility of any Card, ABM, terminal or other machine or equipment; or, • if for any reason your Card is not accepted or for any other reason you cannot use the Credit Card Account, even if we knew that damage was likely or the damage was a result of our negligence or the negligence of our employees, agents or representatives.
OUR LIMITATION OF LIABILITY. You acknowledge that due to the imperfect nature of verbal, written and electronic communications, neither RGBC nor its affiliates, its landlord or any of their respective officers, directors, employees, partners, agents or representatives shall be responsible for damages, direct or consequential, that may result from the failure of RGBC to furnish any service, including but not limited to the service of conveying messages, communications and other utility or services. Your sole remedy and RGBC’s sole obligation for any failure to render any service, any error or omission, or any delay or interruption of any service, is limited to an adjustment to your bill in an amount equal to the charge for such service for the period during which the failure, delay or interruption continues. WITH THE SOLE EXCEPTION OF THE REMEDY DESCRIBED ABOVE, YOU EXPRESSLY AND SPECIFICALLY AGREE TO WAIVE, AND AGREE NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTIAL, INCLUDING WITH RESPECT TO LOST BUSINESS OR PROFITS, ARISING OUT OF ANY FAILURE TO FURNISH ANY SERVICE, ANY ERROR OR OMISSION WITH RESPECT THERETO, OR ANY DELAY OR INTERRUPTION OF SERVICES. RGBC DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RGBC and our affiliates and/or our landlord are not liable to you, or to anyone you invite or permit into our offices or areas, for any injury (including death), loss or damage resulting from the actions or omissions of our employees, clients, their guests, or anyone else, or resulting from any condition or failure of the offices access, facilities and/or areas provided by us. You waive all claims you may come to have against us and/or our landlord for damage or loss to your property arising from fire, theft, or other occurrences.
OUR LIMITATION OF LIABILITY. You acknowledge that neither Bolt Productions nor any of its officers, directors, employees, shareholders, partners, members, agents or representatives shall be responsible for damages, direct or consequential, that may result from the failure of Bolt Productions to furnish a studio or any service. Your sole remedy and Bolt Productions sole obligation for any failure to render any service, any error or omission, or any delay or interruption is limited to an adjustment to your xxxx in an amount equal to the charge for such studio or service for the period during which the failure, delay or interruption continues. WITH THE SOLE EXCEPTION OF THE REMEDY DESCRIBED ABOVE, CLIENT EXPRESSLY AND SPECIFICALLY WAIVES, AND AGREES NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTIAL, INCLUDING WITH RESPECT TO LOST BUSINESS OR PROFITS, ARISING OUT OF ANY FAILURE TO FURNISH A STUDIO OR ANY SERVICE, ANY ERROR OR OMISSION WITH RESPECT THERETO, ANY DELAY OR INTERRUPTION OR IN THE EVENT OF DEATH OR INJURY OF THE CLIENT, AUTHORIZED PERSONS, EMPLOYEES AND GUESTS INCLUDING THOSE CAUSED BY A THIRD PARTY OR ANY EQUIPMENT. BOLT PRODUCTIONS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OUR LIMITATION OF LIABILITY. It is an express condition of our retainer that we shall not be liable to any client for any claim or claims in excess of an aggregate sum of £2 million sterling (including and without limitation any damages, costs, interest associated with any claim) and any such excess liability is excluded. Should you require an enhanced level of cover, that will need to be agreed in advance by us in writing and payment received by us for such additional fees as we shall specify.
OUR LIMITATION OF LIABILITY. Unless otherwise defined in a specific Service agreement, these limitations of liabilities apply to all Services offered by Us. We will exercise ordinary care in providing the Services and will be liable only for Our gross negligence or willful misconduct. We will be deemed to have exer- cised ordinary care if We have acted in accordance with Our procedures and Our procedures do not vary unreasonably from general banking practices. In no event shall clerical errors, inadvertence or oversight, or a good faith mistake in judgment constitute Our failure to exercise ordinary care. We will re-credit Your Designated Accounts for the amount of any item charged which was not proper- ly payable. WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL OR PUNITIVE DAM- AGES, WHETHER ARISING IN CONTRACT OR IN TORT, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED TO OR COULD HAVE BEEN REASONABLY FORESEEN BY US. Our liability for any loss or damage for any cause whatsoever shall be limited to liability for direct damages caused by Our material breach of the Agreement. Our cumulative aggregate liability shall not under any circumstances exceed the total fees paid to Us by You for the Service(s) involved in the breach for the six (6) months preceding the breach. If We fail to credit any of Your accounts utilized in connection with the Services as of the date such credit was earned, upon discovery or notification of such error, We will properly credit such account, but We shall not incur any liability therefor, including loss resulting from Your inability to invest the amount of funds not properly credited to the account. Under no circumstances shall We be responsible for any liability, loss or damage resulting from any delay in perfor- xxxxx of or failure to perform which is caused by interruption of telephone, telefacsimile or communication services, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, ac- cidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by You or any third party, strikes or lockouts, emergency conditions, riots, war, acts of terrorism, acts of government or other circumstances which are beyond Our control. We shall not be liable for failure to perform any of Our obligations if such performance would result in Our being in breach of any law, regulation or requirement of any govern...
