Remedies and Liabilities. 4.1. The Client agrees to give Green Element a reasonable opportunity to remedy any failure or shortcoming in the provision by Green Element of the Services or deliverables comprised in the Project to the Client. Green Element undertakes, at its expense, to use all commercially reasonable efforts to implement such remedy as soon as reasonably practicable after any such failure or shortcoming is identified and reported to it by the Client in writing.
4.2. In respect of any liability which is not within the scope of paragraph 4.3 or in relation to any infringement of third party intellectual property rights, each party’s total liability under or in connection with the Project (whether in contract, tort (including negligence) or otherwise) shall not exceed in aggregate twice the total fees paid or payable to Green Element in respect of the Project. This cap on liability shall not apply to breach of Clauses 3 (Confidentiality), Clause 5 (Intellectual Property Rights) or 15 (Data Protection) or for breach of any third party’s intellectual property rights.
4.3. Neither party shall be liable (whether in contract, tort (including negligence) or otherwise) for any indirect, incidental, punitive or consequential loss, damage, cost or expense whatsoever.
4.4. Neither party will be liable for any loss, damage, cost or expense whatsoever and howsoever caused arising from any fraudulent or unauthorised act or statement, misrepresentation or default on the part of the other party, its directors, employees, agents and other contractors.
4.5. The express obligations and warranties made by either party in the Engagement Letter and these Terms and Conditions are in place of and to the exclusion (to the fullest extent permitted by law) of any other warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise, including (without limitation) as to the condition, performance, fitness for purpose or satisfactory quality of the Project or any part thereof.
4.6. Green Element does not give any guarantee of any specific results from the results of the Project. Without prejudice to the foregoing, Green Element does not guarantee that the Client or its business or any Group Company will make any monetary savings, will be more profitable or successful or be able to avoid any government taxes or penalties in any particular jurisdiction.
4.7. The allocations of liability in these Terms and Conditions represent the agreed and negotiated understanding of...
Remedies and Liabilities. (a) Subject to clauses 15(d) and 15(e), to the extent permitted by law, the respective rights, obligations and liabilities of each of us as set out in this Agreement (including the deed poll in Schedule 34) exclusively govern our rights in relation to this Agreement and the Works and we do not have any other rights or remedies arising out of or in connection with this Agreement and the Works, at law (including negligence) or equity, other than as set out in this Agreement.
(b) This Agreement creates legally enforceable rights:
(i) despite the fact that certain matters are to be settled, resolved, determined or agreed by the ALT; and
(ii) irrespective of how or whether any matters to be settled, resolved, determined or agreed by the ALT are settled, resolved, determined or agreed.
(c) Interpretation of this Agreement which is consistent with the principles in clauses 15(a) and 15(b) is to be adopted.
(d) To the extent permitted by law and despite any other provisions of this Agreement (except clause 15(e)):
(i) each Participant waives all rights of action against the other Participants; and
(ii) each Participant agrees that no Participant will be liable to any other Participant, (whether the right of action or the liability is under this Agreement, the deed poll in Schedule 34, at law, in equity, under statute or otherwise) with respect to any breach of this Agreement (or the deed poll in Schedule 34)or any negligent act, error or omission in connection with the Works or this Agreement (including the deed poll in Schedule 34), except to the extent that the breach, act, error or omission constitutes a Wilful Default.
(e) Nothing in this Agreement, including clauses 15(a), 15(d), 17.1 or 18 limits, excludes or constitutes a waiver of any right or remedy of a Participant with respect to or arising out of or in connection with any Wilful Default by any other Participant.
(f) Each Participant is liable for and indemnifies the other Participants for all costs, expenses, damages, losses or other amounts arising out of or in connection with that Participant's Wilful Default.
Remedies and Liabilities. 13.1 The remedies in this Agreement are CUSTOMER's sole and exclusive remedies.
13.2 TO THE EXTENT AGILENT IS HELD LEGALLY LIABLE TO CUSTOMER, AGILENT'S LIABILITY IS LIMITED TO:
13.2 1 [ * ]. ---------- [ * ] Confidential Treatment Requested
13.2 2 DAMAGES FOR BODILY INJURY.
14.2 3 DIRECT DAMAGES TO TANGIBLE PROPERTY UP TO A LIMIT OF U.S. [ * ].
Remedies and Liabilities a) The remedies in this Agreement are Customer's sole and exclusive remedies.
b) To the extent HP IS held legally liable to Customer, HP's liability is limited to: 1. Payments described in Sections 6, 7, and 10 above, this Section 12, and Section 13.d below.
Remedies and Liabilities. 20.1 EXCEPT AS STATED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, ANY SUBAGREEMENTOR, OR OTHER THIRD PARTY, WHETHER BASED ON AGREEMENT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY OR ANY OTHER CAUSE OF ACTION FOR ANY LOSS OF INTEREST, DATA OR INFORMATION, LOSS OF USE, LOST PROFITS OR LOST OPPORTUNITY OR LOST REVENUE BY THE OTHER PARTY OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
20.2 EXCEPT AS STATED IN THIS AGREEMENT, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL EITHER PARTY HAVE ANY LIABILITY UNDER THIS AGREEMENT.
Remedies and Liabilities. For any breach of this agreement by the company, the customers remedy will be limited to refund of support charges paid by customer during the period of breach up to a maximum of three months support charges for the products at issue, provided, however, that the company will not be liable for failure or delays in the performance of its obligations hereunder due to causes beyond its control.
Remedies and Liabilities. 1.4.1.1 Checks Paid Under Agreement. With respect to any check paid by Us in accordance with this Agreement:
(a) Company waives and releases any claim that the check is not properly pay- able, with respect to any drawer’s signature(s) on, or alteration of the amount of, the check; and
(b) If the name of the payee of the check is altered or the check is not properly payable because of a forged endorsement, We, without waiving any defens- es under the UCC, shall be accountable for the amount of the check to the extent required by applicable provisions of the UCC, including UCC 4-401.
Remedies and Liabilities. 12.1 The remedies in this Agreement are viaLink's and HP's sole and exclusive remedies; provided, however, and notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall prevent either party from seeking in a court of law, at any time and without the need to pursue any of the Dispute Resolution Process set forth in this Agreement, injunctive relief for any violation or breach of Sections 5 or 9 of this Agreement or from seeking injunctive relief to enjoin violation or infringement of any Intellectual Property Rights of the party seeking such injunctive relief.
12.2 HP's liability with respect to its obligations as stated in this Agreement shall be limited as follows:
12.2.1 Damages for bodily injury;
12.2.2 Direct damages to tangible property up to a limit of U.S. $1,000,000 or the then current replacement or repair cost thereof, whichever is less, in the aggregate;
12.2.3 Damages arising from a breach of any other of its obligations under Section 5 of this Agreement up to a limit of U.S. $1,000,000 in the aggregate.
12.2.4 HP's monetary liability for any and all claims arising out Section 9.9 of this Agreement shall be limited to $25,000,000 in the aggregate. Any restrictions or limitations on the nature or type of damages set forth in Section 12.4 or in Section 12.5.2 below do not apply to this Section 12.2.4.
12.3 In addition to its other rights under this Agreement, viaLink may take credits against the fees set forth in Exhibit C based upon the availability achieved by HP in comparison with the Service Level Objectives for the Functional Environment and/or for the Non-Redundant Servers as determined pursuant to Exhibit B. To the extent not taken on a monthly basis, these credits will be settled on an annual basis on the contract anniversary. The schedule is as follows:
Remedies and Liabilities. 14.1 The Customer agrees to give Ekco a reasonable opportunity to remedy any failure or shortcoming in the provision, by Xxxx, of Services as outlined in Schedule 1, including, without limitation, any failure to achieve specified service levels. Ekco undertakes, at its expense to use all reasonable efforts to implement such remedy in accordance with the Service Level Agreement.
14.2 Ekco also accepts liability for physical damage or loss to the Customer's tangible property which is caused by the gross negligence of Ekco or its employees, agents and/or subcontractors. Such liability will be limited to a maximum amount of five hundred thousand Euro (€500,000) in respect of each incident or series of connected incidents and limited further, to an aggregate amount of five hundred thousand Euro (€500,000) in respect of all property claims falling within the scope of this Clause 14.2.
14.3 In respect of any liability which is not within the scope of Clause 14.2, Xxxx's total liability under or in connection with the Services (whether in contract, tort (including negligence) or otherwise) shall not exceed in aggregate the total fees received by Xxxx in respect of the Services in the previous 12 months prior to the date of the claim.
14.4 Ekco will not be liable (whether in contract, tort or otherwise) for any indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever or howsoever caused or any loss of profits, whether caused directly or indirectly, or for any indirect, incidental, punitive or consequential loss, damage, cost or expense.
14.5 Ekco shall not be liable for any loss, damage, cost or expense whatsoever and howsoever caused arising from any fraudulent act, misrepresentation or Default on the part of the Customer, its directors, employees, agents and other contractors.
14.6 The allocations of liability in this Agreement represent the agreed and negotiated understanding of the parties.
14.7 This section shall survive the termination of the Agreement for any reason.
Remedies and Liabilities. 15 6.4.5 Reimbursement for Costs and Expenses.........................15 6.4.6 Cessation of Standby Boiler Operating Rights ...............16 6.4.7 Training.....................................................16 6.5
