Remedies and Liability.
(a) Termination of this Agreement shall not affect any right of action of either party arising from anything which was done or not done, as the case may be, prior to the termination taking effect.
(b) The Organization and Xxxxxx recognize that circumstances may arise entitling the Organization to damages for breach or other fault on the part of Xxxxxx arising from this Agreement. The parties agree that in all such circumstances the Organization’s remedies and Xxxxxx’x liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement.
(c) EXCEPT FOR DAMAGES ARISING OUT OF (a) DAMAGE TO TANGIBLE PROPERTY OR (b) INJURY OR DEATH TO PERSONS, BOTH PARTIES AGREE THAT THE AGGREGATE LIABILITY OF XXXXXX TO ORGANIZATION FOR ALL CLAIMS, SUITS, ACTIONS AND PROCEEDINGS HOWSOEVER ARISING, DIRECTLY OR INDIRECTLY, UNDER OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, INCLUDING THOSE BASED ON BREACH OR RESCISSION OF CONTRACT, TORT, BREACH OF TRUST, OR BREACH OF FIDUCIARY DUTY SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY ORGANIZATION TO XXXXXX PURSUANT TO THE RELEVANT STATEMENT OF WORK.
(d) IN ADDITION TO THE FOREGOING, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CLAIMS FOR CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, INDIRECT DAMAGES, SPECIAL DAMAGES, AGGRAVATED DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY EITHER UNDER OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER BASED ON BREACH OR RESCISSION OF CONTRACT, TORT, BREACH OF TRUST, OR BREACH OF FIDUCIARY DUTY EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES.
Remedies and Liability. Each Party shall be liable for any breach of this agreement by it or any of its Representatives. Each Party shall be entitled to all remedies available to it at law and in equity; provided, notwithstanding any other provision herein, the Parties agree that neither Party shall be liable for punitive or exemplary damages, whether founded in tort, contract or otherwise, in respect of the disclosure or use of any information furnished to it by another Party hereto under this agreement. Each of the Parties acknowledge to one another that it may not have an adequate remedy at law for money damages in the event that any of the covenants in this agreement were not performed by the other Party, and therefore agree that it shall be entitled to specific enforcement of such covenants in addition to any other remedy to which it may be entitled.
Remedies and Liability a) Intellect IT shall not be responsible for any misinformation provided to it by the Client or any third party.
b) Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of this Agreement by the Competition and Consumer Act 2010(Cth) or any equivalent state or territory legislation, the warranties provided herein in relation to the Services are in lieu of, and the Client hereby waives, all other warranties whether express or implied. Intellect IT neither assumes nor authorises the Client or any other person to assume for Intellect IT any other warranty except as may be specifically provided in writing by Intellect IT.
c) Except for reasonably foreseeable loss and damage to “customers” specified in clause 6 (c) Intellect IT shall not be liable to the Client or third parties for any damages stemming from loss, interception or misdirection of data, files, software, code, operating systems, applications or other intangible property or data being rendered inaccurate, or for loss of profit (howsoever categorised.
d) To the extent permitted by the Competition and Consumer Xxx 0000 (Cth) or any equivalent state or territory legislation applying to the provision of Services under this Agreement, Intellect IT 's liability, whether in contract, tort, statute or otherwise is limited to the coverage by Intellect IT’s professional indemnity and public liability insurance.
e) The Client shall indemnify Intellect IT and hold Intellect IT harmless from and against any and all third party claims which may be asserted against or suffered or incurred by Intellect IT which arise from the supply of the Services or from Client’s breach of this Agreement unless such claims result from fraudulent acts of Intellect IT or are outside Intellect IT’s ordinary performance of this contract.
f) For the purpose of the indemnity above, Intellect IT includes: Intellect Information Technology Pty Ltd; its employees, directors, sub- contractors and agents; its sub-contractors’ and agents’ employees, directors’ sub-contractors and agents; and so on down the line.
g) To the extent permitted by law the remedies contained in this Agreement are Client's sole and exclusive remedies.
Remedies and Liability. 5.1 PARTICIPANT recognises and agrees that remedies at law for breach of the provisions of this Agreement will be inadequate and that the DISCLOSING PARTICIPANT shall, in addition to any other rights which it might have, be entitled to seek injunctive relief.
5.2 ETSI shall not be liable for any breach of another PARTICIPANT’s obligations hereunder. PARTICIPANT agrees that ETSI will not be liable for any inadvertent disclosure of CONFIDENTIAL INFORMATION which has been brought to the attention of ETSI provided it has fulfilled its obligations set out above in Article 2 and 3.
5.3 If any action is brought against ETSI for any breach of its obligations hereunder, PARTICIPANT agrees that the sole and exclusive remedy for any and all such actions brought by PARTICIPANT against ETSI shall not exceed in the aggregate ten thousand EURO (€ 10.000,00). For avoidance of doubt such limitation will not apply in case of breach of the obligations of a RECEIVING PARTICIPANT towards a DISCLOSING PARTICIPANT.
Remedies and Liability. Receiving Party shall keep the Disclosing Party harmless and indemnified from any and all losses, damages, demands, claims, actions, liabilities, dues, cost, expense, proceedings, etc., caused to or suffered by or incurred by the Disclosing Party due to or arising out of or in relation to any misrepresentation and / or breach of any obligation, responsibility or covenant herein by the Receiving Party, his employees, service providers, agents, workers, associates, etc.
Remedies and Liability. 31 15. DOCUMENT MAINTENANCE AND AUDITING 33
Remedies and Liability. 5.1 PARTICIPANT recognises and agrees that remedies at law for breach of the provisions of this Agreement will be inadequate and that the DISCLOSING PARTICIPANT shall, in addition to any other rights which it might have, be entitled to seek injunctive relief.
5.2 ETSI shall not be liable for any breach of another PARTICIPANT’s obligations hereunder. PARTICIPANT agrees that ETSI will not be liable for any inadvertent disclosure of CONFIDENTIAL INFORMATION which has been brought to the attention of ETSI provided it has fulfilled its obligations set out above in Article 2 and 3.
Remedies and Liability. For any material breach of this Agreement by HP, Customer's remedy and HP's liability will be limited to a refund of the related support charges paid during the period of breach, up to a maximum of 12 months. HP will not be liable for performance delays or for nonperformance duo to causes beyond its reasonable control. HP will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual charges paid to HP for the product that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective HP service sold under this Agreement.
Remedies and Liability. (a) Without waiving any other rights or remedies available to it under applicable law or otherwise, Videojet may suspend provision of Services hereunder if the Customer fails to pay any amount due until all past due accounts of the Customer are fully satisfied and Videojet shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from such suspension.
(b) Videojet's rights and remedies herein are in addition to, and not in lieu of, any other rights or remedies Videojet may have at law or in equity.
(c) Nothing in the Service Agreement shall limit any liability which cannot legally be limited, including but not limited to liability for
i) death or personal injury caused by negligence;
ii) fraud or fraudulent misrepresentation; or
iii) breach of the terms implied by section 12 of the Sale of Goods Act 1893 (title and quiet possession).
(d) Subject to the sub-clause (c) above, Videojet shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for the following types of loss:
i) any direct or indirect loss of profit;
ii) any indirect or consequential loss;
iii) loss of sales or business;
iv) loss of use or corruption of software, data or information;
v) loss of agreements or contracts; or
vi) loss of or damage to goodwill, arising under or in connection with the Service Agreement.
(e) Subject to clauses (c) and (d) above, Videojet's total liability to the Customer in respect of all other liabilities, costs, expenses, damages and losses howsoever arising under or in connection with the Service Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amounts paid by the Customer to Videojet pursuant to the Service Agreement.
Remedies and Liability. 5.1 PARTICIPANT recognises and agrees that remedies at law for breach of the provisions of this Agreement will be inadequate and that the DISCLOSING PARTICIPANT shall, in addition to any other rights which it might have, be entitled to seek injunctive relief.
5.2 ETSI shall not be liable for any breach of another PARTICIPANT's obligations hereunder. PARTICIPANT agrees that ETSI will not be liable for any inadvertent disclosure of CONFIDENTIAL INFORMATION which has been brought to the attention of ETSI provided it has fulfilled its obligations set out above in Article 2 and 3.
5.3 If any action is brought against ETSI for any breach of its obligations hereunder, PARTICIPANT agrees that the sole and exclusive remedy for any and all such actions brought by PARTICIPANT against ETSI shall not exceed in the aggregate ten thousand EURO (€ 10.000,00).
