S LIABILITY Sample Clauses

S LIABILITY. In addition to any limitations in the Master Agreement, Bank will not be liable to Client for any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the gross negligence or willful misconduct of Bank), including without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature.

S LIABILITY. The Ag Guild assumes no liability for loss, theft, property damage or personal injury related to the use of the facilities. Renter will be held responsible for payment of any and all damages to the building, furnishings, fixtures or equipment, whether caused by the Renter or attendees at Renter’s event, beyond damage deposit.

S LIABILITY. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.

S LIABILITY. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking Account. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service as delineated in this Agreement. You agree that we will only be liable to you to the extent we acted with gross negligence or willful misconduct and those actions resulted in a direct financial loss to you. In no event will we be liable for (i) errors or omissions that do not result in a financial loss to you; (ii) any Losses that result from our use of customary banking practices or for any Losses provided that we have acted in good faith and with ordinary care; (iii) any action we are authorized or permitted to take (iv) your misconduct, errors or negligence or an act or failure to act of any person not directly within our control; (v) anything we do in following your instructions or for not following such instructions if we reasonably believe that this would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices or applicable law; and (vi) any Losses arising out of the systems and software utilized by you to initiate or process banking transactions. IN CONNECTION WITH YOUR ACCOUNT AND THE AGREEMENT, YOU AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS REGARDLESS OF THE CLAIM OR FORM OF ACTION AND EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR COULD REASONABLY FORESEE SUCH DAMAGES OR LOSSES. Neither you or we will be deemed to be in default of any of the obligations required to be performed under the Agreement or be liable to the other for any failure, error, malfunction or delay in carrying out any of our obligations under the Agreement because of circumstances beyond your or our reasonable control, including, without limitation, any act of God, natural disasters, accident, equipment failure, system failure, labor dispute, pandemic, the potential violation of any guideline, law, rule, regulation, order or decree of any government authority or an emergency that prevents us from operating normally, or the failure of any third party to provide any service used in connection with providing services to you under the Agreement. Withou...

S LIABILITY. Employer's Liability Application of the Collective Agreement Exceptions Appointment Probationary Period Termination of Probationary Appointment Assignment of Casual Employees Pay in Lieu of Benefits Overtime Holiday Pay Overtime on a Holiday Leaves Rate of Pay upon Appointment Exception to Rate of Pay Pay Increments Employment Relationship Headings

S LIABILITY. Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

S LIABILITY. Neither the School or its respective officers, employees, agents and invitees will be responsible for any damage done to the RTO’s property or to that of any of the RTO’s officers, employees, agents or sub-contractors or for any personal injury sustained by any of the RTO’s officers, employees, agents or sub-contractors occurring on the School premises as a result of: the negligence or recklessness of such officer, employee, agent or sub-contractors; or if such officer, employee, agent or sub-contractor has failed to comply with the occupational health and safety and security policies of the School (as notified to the RTO). The RTO unconditionally and irrevocably releases the School and its respective officers, employees, agents and invitees from all such responsibility and agrees to indemnify the School and its respective officers, employees, agents and invitees (Indemnified Party) against any loss that the Indemnified Party may suffer as a result of any third party bringing an action against that Indemnified Party in relation to any such circumstances, except to the extent that such circumstances were caused directly as a result of the Indemnified Party’s negligence.

S LIABILITY. 12.1 MARINGO shall be fully liable only for intent and gross negligence and for lack of guaranteed characteristics. 12.2 MARINGO shall be liable for negligence of its contractual obligations, irrespective of which legal reason. The liability is limited to foreseeable damages such as are typical of the contract. 12.3 The liability shall be excluded in all other cases. 12.4 MARINGO shall not be liable for damages if the damages could have been avoided by reasonable measures taken by the user, in particular program and data backup. 12.5 The aforementioned regulations with respect to liability shall also apply to staff members and other vicarious agents of MARINGO. 12.6 The regulations of the product liability law remain unaf- fected.

S LIABILITY. To the fullest extent permitted by applicable law, no director of the Corporation shall have any liability to the Corporation or its shareholders for monetary damages for any action or failure to take action, including, without limitation, for breach of duty of care or other duty as a director, except that this provision shall not eliminate or limit the liability of a director for:

S LIABILITY. Limitation on Landlord's Liability: In the event of Landlord's failure to perform any of its covenants or agreements under this Lease, Tenant shall give Landlord written notice of such failure and shall give Landlord thirty (30) days to cure or commence to cure such failure prior to any claim for breach or resultant damages, provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Landlord shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion. In addition, upon any such failure by Landlord, Tenant shall give notice by registered or certified mail to any person or entity with a security interest in the Premises ("Mortgagee") that has provided Tenant with notice of its interest in the Premises, and shall provide Mortgagee a reasonable opportunity to cure such failure. Tenant agrees that each of the Mortgagees to whom this Lease has been assigned is an expressed third-party beneficiary hereof. Tenant waives any right under California Civil Code Section 1950.7 or any other present or future law to the collection of any payment or deposit from Mortgagee or any purchaser at a foreclosure sale of Mortgagee's interest unless Mortgagee or such purchaser shall have actually received and not refunded the applicable payment or deposit. Tenant Further waives any right to terminate this Lease and to vacate the Premises on Landlord's default under this Lease. Tenant's sole remedy on Landlord's default is an action for damages or injunctive or declaratory relief, with the sole exception that if Landlord fails to perform its maintenance and repair obligations under Section 8.A. Tenant may, after providing Landlord thirty (30) days written notice, undertake such maintenance or repair at its own cost if Landlord has not commenced to do so. This exception does not apply to items which Landlord and Tenant may disagree as to the scope or necessity of work. If Tenant undertakes such work, Tenant shall be entitled to recover from Landlord the reasonable cost of completing such maintenance or repair work, together with interest thereon at the Agreed Interest Rate from the date of Tenant's expenditure until the date Landlord reimburses Tenant therefor.