Restriction of Liability. The sanction of Facility is at the sole discretion of the Bank and the Borrower shall not have any right to insist the Bank in this regard. The Bank does not undertake any obligation to finance any further credit requirements of the Borrower, whether such requirements arise on account of increase in cost of the Vehicle or otherwise. The Bank is not bound to disburse the Facility even if sanctioned, unless the Borrower conforms to the Conditions Precedent (discussed hereunder) and the terms and conditions governing the Facility. If the Borrower fails to comply with any of the terms and conditions governing the Facility, or if the Bank is of the opinion that the Borrower is not compliant of any terms and conditions governing the Facility, the Bank may cancel the Facility at its discretion, even if the Facility is disbursed in full or in part. Any increase/escalation in cost of the Vehicle shall be borne/met by the Borrower and the Bank’s liability to disburse amounts under the Facility, at any time, shall not exceed the limit/amount mentioned in the Facility Agreement. Further, the Borrower shall be solely liable to bear the costs of insuring and registering the Vehicle. The Borrower shall continue to remain at all times liable and responsible for ensuring the payment/repayment of all EPI of Outstanding Amount on or before the relevant Due Date(s) without any further notice/intimation given by the Bank, at such place/s as the Bank may specify, without any deductions whatsoever so as to enable the Bank to fully realize the amounts due on or before the respective Due Date(s). If any Due Date falls on a Public Holiday the repayment should be made on the succeeding Business Day. If the Borrower has executed any standing instruction or ACH/ECS instruction, the Bank may, at its discretion, present such instructions for encashment, in such situations, on any preceding or succeeding Business Day of the Due Date and the Borrower should maintain adequate funds in the funding account accordingly. If the repayment is made through any payment aggregator, such repayments will be accepted by the Bank subject to such conditions as may be stipulated by the Bank. Credit for payments by any method will be given only after realization, on the Due Date(s) occurring after such realization. The acceptance by the Bank of any payment which is less than the full EPI or the amount due as on the given date shall not constitute a waiver of the Bank’s right to receive payment in full at ...
Restriction of Liability. The sanction of the Loan is at the sole discretion of the Bank and the Borrower shall not have any right to insist the Bank in this regard. The Bank does not undertake any obligation to finance any further credit requirements of the Borrower, whether such requirements arise on account of growth in business or otherwise. The Bank is not bound to disburse the Loan even if sanctioned, unless the Borrower conforms to the Conditions Precedent (discussed hereunder) and the terms and conditions governing the Loan. If the Borrower fails to comply with any of the terms and conditions governing the Loan, or if the Bank is of the opinion that the Borrower is not compliant of any terms and conditions governing the Loan, the Bank may cancel the Loan at its discretion, even if the Loan is disbursed in full or in part. The Borrower shall continue to remain at all times liable and responsible for ensuring the payment / repayment of all EMI of Outstandings on or before the relevant Due Date(s) without any further notice / intimation being given by the Bank, at such place/s as the Bank may specify, without any deductions whatsoever so as to enable the Bank to fully realize the amounts due on or before the respective Due Date(s). Credit for payments by any method will be given only after realization, on the Due Date(s) occurring after such realization. The acceptance by the Bank of any payment which is less than the full EMI shall not constitute a waiver of the Bank’s right to receive payment in full at such time or at any subsequent time or a waiver of any other rights whatsoever of the Bank.
Restriction of Liability. 8.1 If the carrier should be liable in law for damage caused by the death or injury of a traveller as a result of an accident involving the traveller which occurs during or in connection with his/her carriage, and/or damage due to the entire or partial loss of the traveller’s baggage occurring during carriage, its liability shall be limited to this damage, the liability for this damage shall be restricted to the sum fixed in or under the terms of the general order in council issued pursuant to section 8:1157 of the Dutch Civil Code, barring - in brief - the carrier's deliberate actions or carelessness. The carrier shall not be liable in the event of loss of or damage to legal tender, negotiable instruments, gold, silver, jewels, jewellery, objets d'art, electronics or other valuable items.
Restriction of Liability. The sanction of the Loan is at the sole discretion of the Lender, and the Borrower shall not have any right to insist the Lender in this regard. The Lender does not undertake any obligation to finance any further credit requirements of the Borrower, whether such requirements arise on account of growth in business or otherwise. The Lender is not bound to disburse the Loan even if sanctioned, unless the Borrower conforms to the Conditions Precedent (discussed hereunder) and the terms and conditions governing the Loan. If the Borrower avails any additional facility and/or further Loan, the Lender shall be entitled to raise a separate demand towards Processing Fees, documentation charges, inspection charges, and all other charges for such additional facility and/or further Loan, as the case may be, and the Borrower shall be bound to pay such charges to the Lender, irrespective of the sanction or disbursement of such additional facility and/or further Loan.
Restriction of Liability a) USFB on its part is not obligated to provide any statements (including interest certificate) of the Loan account to the Borrower during the course of this Agreement unless specifically requested by the Borrower.
Restriction of Liability. 6.1 In no event shall the Company be liable to the Client or to any third party for any indirect, punitive, incidental, special or consequential damages (including but not limited to such damages arising from breach of contract or warranty or from negligence or strict liability), in connection with this agreement, even if such party has been advised of the possibility of such damages and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Restriction of Liability. NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, PROFITS OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 9.4 IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF ANY PARTY UNDER ARTICLE 9.1 OR ARTICLE 9.2, OR DAMAGES AVAILABLE FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, BREACH OF ITS INTELLECTUAL PROPERTY OBLIGATIONS UNDER SECTION 6.1 OR SECTION 6.2 OR CONFIDENTIALITY OBLIGATIONS IN ARTICLE 10.
Restriction of Liability. The Receivables Purchaser makes no representations or warranties and assumes no liability with respect to:
Restriction of Liability. We hereby irrevocably acknowledge that you are not to be liable to account as mortgage in possession or otherwise in any circumstances for;
Restriction of Liability a. The Client understands and acknowledges that electronic mail, facsimile and verbal communications are insecure transmission media. Where such instruction is given via such media, the Client undertakes to indemnify CITITRUST AM in full for any loss it may suffer or incur by reason of its honoring such letters, electronic mails, facsimile or verbal instructions, irrespective of whether same are erroneous, fraudulent or issued otherwise than in accordance with the mandate for the Account and which bears or purports to bear the facsimile or electronic mail signature of the persons whose specimen signatures have been provided to CITITRUST AM.
