RELATIONSHIP WITH AGREEMENT. In the event of any conflict between the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement. Notwithstanding anything to the contrary in the Agreement and/or in any agreement between the parties and to the maximum extent permitted by law: (A) Securiti’s (including Securiti’s Affiliates’) entire, total and aggregate liability, related to, or for breach of, this DPA and/or Data Protection Laws and Regulations, including, without limitation, if any, any indemnification obligation under the Agreement or applicable law regarding data protection or privacy, shall be limited to the amounts paid to Securiti under the Agreement within twelve (12) months preceding the event that gave rise to the claim. This limitation of liability is cumulative and not per incident; (B) In no event will Securiti and/or Securiti Affiliates and/or their third-party providers, be liable under, or otherwise in connection with this DPA for: (i) any indirect, exemplary, special, consequential, incidental or punitive damages; (ii) any loss of profits, business, or anticipated savings; (iii) any loss of, or damage to data, reputation, revenue or goodwill; and/or (iv) the cost of procuring any substitute goods or services; and (C) The foregoing exclusions and limitations on liability set forth in this Section shall apply: (i) even if Securiti, Securiti Affiliates or third-party providers, have been advised, or should have been aware, of the possibility of losses or damages; (ii) even if any remedy in this DPA fails of its essential purpose; and (iii) regardless of the form, theory or basis of liability (such as, but not limited to, breach of contract or tort).
RELATIONSHIP WITH AGREEMENT. In the event of any conflict between the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement.
RELATIONSHIP WITH AGREEMENT. In the event of any conflict between the provisions of this SLA and the provisions of the Agreement, the provisions of this SLA shall prevail over the conflicting provisions of the Agreement.
RELATIONSHIP WITH AGREEMENT. 2.1 Except as amended by this DPA, the Agreement will remain in full force and effect.
RELATIONSHIP WITH AGREEMENT. In the event of any conflict between the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement. Notwithstanding anything to the contrary in the Agreement and/or in any agreement between the parties: (A) Outgage’ (including Outgage’ Affiliates’) entire, total and aggregate liability, for, or related to, any breach of this DPA and/or Data Protection Laws and Regulations, including, if any, any indemnification obligation regarding data protection or privacy, shall be limited to the amounts paid to Outgage under the Agreement within twelve (12) months preceding the event that gave rise to the claim. This limitation of liability is cumulative and not per incident; (B) In no event will Outgage and/or Outgage Affiliates and/or their third-party providers, be liable under, or otherwise in connection with this DPA for: (i) any indirect, exemplary, special, consequential, incidental or punitive damages; (ii) any loss of profits, business, or anticipated savings; (iii) any loss of, or damage to data, reputation, revenue or goodwill; and/or (iv) the cost of procuring any substitute goods or services; and (C) The foregoing exclusions and limitations on liability set forth in this Section shall apply: (i) even if Outgage, Outgage Affiliates or third-party providers, have been advised, or should have been aware, of the possibility of losses or damages; (ii) even if any remedy in this DPA fails of its essential purpose; and (iii) regardless of the form, theory or basis of liability (such as, but not limited to, breach of contract or tort).
RELATIONSHIP WITH AGREEMENT. If there is any inconsistency between the provisions in any other part of the Agreement and this Schedule E, the terms of this Schedule E shall prevail . Assignment by RMFI RMFI may assign its rights and obligations under this Schedule to another RBC company that is qualified to provide the service, without prior notice to you . Cert no. SGS-COC-005437 27710 (09/2011) RBc Royal Bank telephone Banking: call 0-000-000-0000 ® Registered trademarks of Royal Bank of Canada.
RELATIONSHIP WITH AGREEMENT. The parties agree that this DPA will replace and supersede any existing data processing agreement, attachment, addendum or exhibit that the parties may have entered in connection with the standard services. Except as provided in this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent applicable to any Personal Data. Notwithstanding, if there is a business associate agreement (a “BAA”) between Customer and InterVision, then as and between the DPA and BAA the BAA shall prevail solely with respect to protected health information regulated by HIPPA or similar federal and state laws. Notwithstanding anything to the contrary in the Agreement or this DPA, the liability of each party and each party’s Affiliates shall be subject to the limitations on liability in the Agreement. Without limiting either of the parties obligations under the Agreement, each party agrees that any regulatory penalties incurred by one party in relation to the Personal Data that arise as a result of, or in connection with, the other party’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce the incurring party’s liability under the Agreement as if it were liability to the other party under the Agreement. In no event shall this DPA or any party restrict or limit the rights of any Data Subject or any governmental body. This DPA will be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement ATTACHMENT A: INTERVISIONS SECURITY STANDARDS
RELATIONSHIP WITH AGREEMENT. The provisions of this Xxxx of Sale are subject, in all respects, to the terms and conditions of the Agreement and all of the representations, warranties, covenants and agreements contained in the Agreement. Nothing contained in this Xxxx of Sale shall be deemed to modify, limit or amend any such rights and obligations of the parties hereto under the Agreement. In the event of any conflict or inconsistency between this Xxxx of Sale and the Agreement, the Agreement shall govern.
RELATIONSHIP WITH AGREEMENT. Notwithstanding anything to the contrary in the Agreement and/or in any agreement between the parties and to the maximum extent permitted by law: (A) Supplier’s (including, without limitation, Supplier’s affiliates’ and subsidiaries’) entire, total and aggregate liability, related to personal data or information, privacy, or for breach of, this Addendum and/or CCPA, including, without limitation, if any, any indemnification obligation under the Agreement or applicable law regarding data protection or privacy, shall be limited to the amounts paid to Supplier under the Agreement within six (6) months preceding the event that gave rise to the claim. This limitation of liability is cumulative and not per incident; (B) in no event will Supplier and/or Supplier affiliates and/or their third-party providers, be liable under, or otherwise in connection with, this Addendum for: (i) any indirect, exemplary, special, consequential, incidental or punitive damages; (ii) any loss of profits, business, or anticipated savings; (iii) any loss of, or damage to data, reputation, revenue or goodwill; and/or (iv) the cost of procuring any substitute goods or services; and (C) the foregoing exclusions and limitations on liability set forth in this Section shall apply: (i) even if Supplier, Supplier affiliates or third-party providers, have been advised, or should have been aware, of the possibility of losses or damages; (ii) even if any remedy in this Addendum fails of its essential purpose; and (iii) regardless of the form, theory or basis of liability (such as, but not limited to, breach of contract or tort).
RELATIONSHIP WITH AGREEMENT. In the event of a conflict or inconsistency between the provisions in the Agreement and this DPA, the provisions of this DPA shall take precedence solely to the extent this DPA requires additional, more stringent, or more protective obligations, otherwise all provisions of the Agreement shall apply.
