Uncapped Liability Sample Clauses

Uncapped Liability. Nothing in this Agreement limits or purports to limit Xxxxxxxx’s liability for: (a) death or personal injury caused by the negligence of Xxxxxxxx, its officers, employees, contractors or agents; (b) fraud or fraudulent misrepresentation; (c) breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 Supply of the Goods and Services Act 1982; (d) breach of Intellectual Property rights; (e) breach of Xxxxxxxx’s data protection obligations; or (f) any other liability which cannot be excluded by law.
Sample 1Sample 2
AutoNDA by SimpleDocs
Uncapped Liability. The limitations set forth in Section 15.1 and Section 15.2 will not limit either party’s liability for: 15.3.1 fraud or fraudulent misrepresentation; 15.3.2 confidentiality obligations, except for all liabilities related to Customer’s User Content which will remain subject to the limitations and exclusions above; 15.3.3 violation of the obligations in Section 8, or violation of the other party’s Intellectual Property Rights; 15.3.4 payment obligations under the Agreement; or 15.3.5 matters for which liability cannot be excluded or limited under applicable law.
Sample 1
Uncapped Liability. Each Party acknowledges the full extent of its own liability to the other Party for all Losses arising from the following areas of liability: (a) death or personal injury resulting from negligent acts or omissions; (
Sample 1
Uncapped Liability. Each party acknowledges the full extent of its own liability to the other party arisigin from the following areas of liability (i) physical bodily injury or death; (ii) gross negligence or willful misconduct; (iii) the non-excusable statutory rights of consumers under the German product liability act (“Produkthaftungsetz”); (iv) breach of a guarantee (“Garantie”) given by Hitachi under this Agreement; (v) claims for non-payment of fees by You to Hitachi; (vi) infringement of Hitachi’s intellectual property rights; (vii) claims of confidentiality; (viii) fraud or deceit; or (ix) a party’s indemnification obligation under this Agreement.
Sample 1
Uncapped Liability. Each party acknowledges the full extent of its own liability to the other party arising from the following areas of liability (i) physical bodily injury or death; (ii) gross negligence or willful misconduct; (iii) the non-excusable statutory rights of consumers under the Austrian product liability act (“Produkthaftungsgesetz”); (iv) claims for non-payment of fees by You to Hitachi; (v) infringement of Hitachi’s intellectual property rights; (vi) claims of confidentiality; (vii) fraud or deceit; or (viii) a party’s indemnification obligation under this Agreement.
Sample 1
Uncapped Liability. Each party respectively acknowledges the full extent of liability to the other party arising from : death or personal injury resulting from negligent acts or om issions; claim s for non- paym ent; the non- excludable statutory rights of consum ers ( for exam ple, under laws providing for strict product liability) ; breaches of any Software license; breach of any obligation of confidence; and any infringem ent of Hitachi I P.
Sample 1
Uncapped Liability this means that a Contractor’s liability for breaches of its data protection obligations under a contract will not be subject to any financial limit of liability that is set out in the contract’s Limits of Liability clause;
Sample 1
AutoNDA by SimpleDocs

Related to Uncapped Liability

  • Excluded Liabilities Notwithstanding the provisions of Section 1.3, Purchaser shall not assume or be liable for any of the following Liabilities of the Seller Entities, the Rexam Entities or any of their respective Affiliates (provided, however, that except as otherwise expressly provided in this Section 1.4 and subject to the provisions of Article IX, (A) no Purchased Entity shall be considered an Affiliate of any Seller Entity or Rexam Entity for purposes of this Section 1.4 and (B) nothing in this Section 1.4 shall alter the principle that the Liabilities of the Purchased Entities as of the Closing, including any and all On-Site Environmental Liabilities and Off-Site Environmental Liabilities, shall remain Liabilities of the Purchased Entities) (the “Excluded Liabilities”): (a) any and all Liabilities to the extent arising out of or relating to the Excluded Assets; (b) any and all Liabilities arising out of or relating to the ownership or use of the Purchased Assets or the operation or conduct of the Business, in either case prior to the Closing, except to the extent that any such Liabilities are the responsibility of Purchaser pursuant to this Agreement; (c) any Retained Employment Liabilities; (d) the Liabilities set forth on Schedule 1.4(d) related to the Purchased Entity Employee Benefit Plans; (e) any and all Liabilities related to the Employee Benefit Plans other than the Purchased Entity Employee Benefit Plans and any other Liabilities related to Employee Benefit Plans other than those expressly allocated to Purchaser as set forth in Article V; (f) any and all obligations required to be performed prior to the Closing Date under any Contract, Permit, license, approval or authorization constituting part of the Purchased Assets, including, subject to Section 1.13, any and all Seller Portion of the Shared Contract Liabilities but excluding the Purchaser Portion of the Shared Contract Liabilities, and excluding (subject to the provisions of Article IX) any such Liabilities that are On-Site Environmental Liabilities; (g) any and all Liabilities for any trade, account, note or loan payables for goods or services purchased by or provided to the Business prior to the Closing Date; (h) any Excluded Taxes; (i) any and all Liabilities to the extent arising out of or relating to the Intercompany Agreements or any other intercompany obligations between Seller and any of its Affiliates, or Rexam and any of its Affiliates other than the Assumed Liabilities set forth in Section 1.3(j); (j) any and all Off-Site Environmental Liabilities relating to Hazardous Materials that have been transported to an Off-Site Location prior to the Closing Date, provided, for the avoidance of doubt, that this does not apply to Off-Site Environmental Liabilities of the Purchased Entities; (k) any other Liabilities set forth on Schedule 1.4(k); and (l) any other Liabilities of the Seller Entities, the Rexam Entities or any of their respective Affiliates other than Assumed Liabilities.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!