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. 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.
8.2 The carrier shall not be liable in respect of the client or traveller for any damage other than that referred to in section 8.1 above, such as for example damage caused by delays in the carriage, unless the damage is a result of the acts or omissions of the carrier or the driver, and if these occurred with the intent to cause damage or occurred carelessly in the knowledge that they were likely to cause damage. The circumstance that the carriage agreement can not be fully complied with as a consequence of applicable (traffic) law or other regulations shall not be qualified as an omission of the carrier and shall not produce liability. In the event the carrier is liable for damage due to delay, this shall be restricted based on section 8:1157 of the Dutch Civil Code to the sum fixed in or under the terms of the general order in council issued pursuant to this section of law.
8.3 The travel agent’s liability for damage other than death or injury to the traveller shall be restricted to three times the travel arrangement costs, in the sense that the compensation for loss of travel enjoyment shall amount to at most the sum of the travel arrangement. Where a service included in a travel agreement is subject to a treaty which awards exclusion or limits liability in favour of the travel organiser, said exclusion or limitation shall apply to the lowest amount permitted in favour of the travel agent.
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. 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
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. 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.
b) Request (if any) for refinancing of any old loan availed not more than 180 (One Hundred and Eighty) days before the date of signing of Application Form, to meet the expense of higher education of the Student for an on-going course, may be assessed and processed by USFB subject to its guidelines, on non-commitment basis.
c) Any delay in exercising or omission to exercise any right, power or remedy accruing to USFB under the Loan Documents or any other agreement or document shall not impair any such right, power or remedy and shall not be construed to be a waiver thereof or any acquiescence by it in any default and shall not affect or impair any right, power or remedy of USFB in respect of any other default.
d) USFB may send any notice to the Borrower by post at the addresses last known to it. Any notice sent will be deemed to have received 3 (Three) days after the date of posting. The Borrower shall immediately intimate USFB of any change in his/her address. Any notice to be sent to USFB by the Borrower shall be sent by post at the address mentioned in the Annexure B.
Restriction of Liability. 99 Speed Mart Sdn.Bhd. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect a User's computer equipment or other property due to the User's access, browsing on, or use of, the Website or the User's downloading of any materials, data, text, images, video, or audio from the Website. IN NO EVENT WILL 99 SPEED MART SDN. BHD. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Restriction of Liability. Cosmo Restaurants Sdn.Bhd. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect a User's computer equipment or other property due to the User's access, browsing on, or use of, the Website or the User's downloading of any materials, data, text, images, video, or audio from the Website. IN NO EVENT WILL COSMO RESTAURANTS SDN. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
