Restrictions on Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES, OWNERS, OFFICERS, OR DIRECTORS BE HELD LIABLE FOR INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, SUCH AS LOST PROFITS OR LOST OPPORTUNITIES. The total liability of each party in connection with this Agreement, whether due to breach of contract, tort, strict liability, or any other cause, shall be strictly limited to direct, actual damages. Both parties commit to exerting commercially reasonable efforts to minimize any damages they might sustain. EASTERN PNG MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM THIS AGREEMENT.
Restrictions on Liability. Some countries may not recognise this limitation on liability. Neither Up nor any of our affiliates, subsidiaries, staff, investors, shareholders, or directors (“Up Affiliates”) accept liability for any particular, minor, unplanned, corrective or substantial damages or loss of usage, revenue, profit or information to you or any other third person from User’s use of this Service, Applications or any of the data or other items on, acquired through or downloaded from Up’s online or offline material, systems or websites. This restriction of liability shall be the maximum of any damages in excess of two times the most recent monthly fee that you paid for a Service, if any, or AUD $150, whichever amount is smaller, or Shall not be applicable should the User have become bound to another separate agreement to buy other Models with a different Restriction of Liability provision that replaces this section in relation to those other Model’s Services provided. Shall not be applicable to any harm that Up may cause you deliberately or meaningfully in violation of this Agreement or relevant law, or as otherwise directed by relevant law that cannot be disallowed from in this Agreement; and Apply irrespective of whether (1) the partial remedies provided in this section fail of their needed purpose (2) we knew or should have known about the prospect of such compensations, or (3) the User base their claim on statute, contract, tort, or any other legal concept.
Restrictions on Liability. Subject to the Hire Purchase Act, the Owner shall not be liable to the Hirer in the following circumstances: (a) any breach of / non-adherence of this Agreement / any applicable law by the Hirer; (b) negligent acts / omissions of the Hirer; (c) any forgery / fraudulent actions by the Hirer / its servants, employees, agents, officers, authorised signatories, partner / directors (as applicable); (d) when the Owner adheres to the directives in instructions from BNM / other regulatory bodies, authorities, government, court / tribunal / judicial authority; and (e) when any force majeure event occurs. Subject to the HP Act and provided further negligence and / or breach of duty is proven against the Owner, Hirer agrees that the Owner's liability under this Agreement for the Owner's negligence / breach of duty, shall be limited to direct losses incurred by the Hirer. Provided as permitted by law, the Hirer agrees that the Owner shall not be liable for any type of indirect / consequential damages caused to Hirer by the Owner's negligence / breach of duty.
Restrictions on Liability. 30.1 Except to the extent that any such exclusion will be prohibited or rendered invalid by law, the Bank will not in any circumstances whatsoever (whether by reason of taking possession of the Charged Property or any part thereof or for any other reason whatsoever and whether as a mortgagee in possession or on any other basis whatsoever):
(A) be liable to account to the Company or any other person as a mortgagee in possession;
(B) be liable to account to the Company or any other person for anything except the Bank's own actual receipts;
(C) be liable to the Company or any other person for any liabilities, losses, costs or expenses arising from or connected with:
(1) any realisation of the Charged Property or any part thereof, or
(2) any act or omission of the Bank or its employees or agents in relation to the Charged Property or any part thereof, except to the extent that they shall be caused by the fraud, negligence or wilful misconduct of the Bank or any of its officers or employees.
30.2 All the provisions of clause 30.1 shall apply, mutatis mutandis, in respect of the liability of any Receiver or any Appointee.
Restrictions on Liability. Except as expressly and specifically provided in the Agreement:
(a) You assume sole responsibility for results obtained from the use of the Services and the Documentation, and for conclusions drawn from such use. We assume no liability for any damage caused by omissions or errors in any information, scripts or instructions provided to us by you in connection with the Services, or any actions we take at your direction;
(b) all conditions, representations, warranties and all other terms of any kind whatsoever implied by statute or common law are excluded from this agreement to the fullest extent permitted by applicable law; and
(c) the Services and the Documentation are provided to you on an "as is" basis.
Restrictions on Liability. Except to the extent that any such exclusion will be prohibited or rendered invalid by law, the Bank will not in any circumstances whatsoever (whether by reason of taking possession of the Charged Property or any part thereof or for any other reason whatsoever and whether as a mortgagee or creditor in possession or on any other basis whatsoever):
Restrictions on Liability. Neither Party shall have any liability to the other Party for failure to perform any obligation in this letter agreement, other than the obligations set out in Sections 10 through 21. Except as to Sections 10 through 21, this letter agreement shall not be enforceable against either Party or any affiliate of either Party. With respect to liability arising out of a failure to perform any obligation set out in Sections 10 through 17, except for damages arising out of the gross negligence of willful misconduct of either Party hereto, no Party or its affiliates shall be liable to the other Party or its affiliates for any incidental, consequential, special or punitive damages or lost profits, whether liability is asserted in contract or tort and irrespective of whether it has advised or been advised of the possibility of any such loss or damage.
Restrictions on Liability. No Director or Officer shall have personal liability to the Authority or the Members for damages, except for:
Restrictions on Liability. Notwithstanding the indemnities contained in this Agreement, the Company and the Investor agree that neither shall have any obligation to indemnify the other for amounts for which indemnity is sought under this Article until such amounts exceed individually or in the aggregate the sum of Ten Thousand Dollars ($10,000.00).
Restrictions on Liability. Section 1. A director of the Corporation shall not be personally liable to the Corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, except for liability (i) for any breach of the director's duty of loyalty to the Corporation or its stockholders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) under Section 174 of the GCL, or (iv) for any transaction from which the director derived any improper personal benefit. If the GCL is amended after approval by the stockholders of this Article X to authorize corporate action further eliminating or limiting the personal liability of directors then the liability of each director of the Corporation shall be eliminated to the fullest extent permitted by the GCL as so amended. Any repeal or modification of the foregoing provisions of this Article X by the stockholders of the Corporation shall not adversely affect any right or protection of a director of the Corporation existing at the time of such repeal or modification.
Section 2. The holders of the capital stock of the Corporation shall not be personally liable for the payment of the Corporation's debts and the private property of the holders of the capital stock of the Corporation shall not be subject to the payment of debts of the Corporation to any extent whatsoever.
