Unlimited Liability. Nothing in this Agreement shall be construed so as to limit or exclude any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own negligence; or (ii) a party’s fraud or fraudulent misrepresentation.
Appears in 17 contracts
Samples: Perpetual License Agreement, Sage X3 (Salp) Agreement, Subscription Agreement
Unlimited Liability. Nothing in this Agreement shall be construed so as to agreement will limit or exclude any either party’s liability which cannot be legally limited, including but not limited to liability for: (i) for death or personal injury caused by a partythat person’s own negligence; or (ii) a party’s , fraud or fraudulent misrepresentationmisrepresentation or for anything else that cannot be limited or excluded as a matter of law.
Appears in 2 contracts
Samples: Engagement Letter, Engagement Letter
Unlimited Liability. Nothing in this Agreement shall be construed so as to limit or exclude any the liability which cannot be legally limited, including but not limited to liability of either party for: (i) death :
15.1.1 Death or personal injury caused by a party’s own its negligence; , or the negligence of its employees, agents or subcontractors (ii) a party’s fraud as applicable).
15.1.2 Fraud or fraudulent misrepresentationmisrepresentation or wilful default.
15.1.3 Any matter in respect of which it would be unlawful to exclude or restrict liability.
Appears in 2 contracts
Samples: Provider Agreement, Provider Agreement
Unlimited Liability. Nothing Notwithstanding any contrary provision in this Agreement shall be construed so as to limit Agreement, neither Party limits or exclude excludes its liability in respect of any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own its negligence; or (ii) a party’s fraud or , any fraudulent misrepresentation, any intentional or gross negligent default or any other statutory or other liability, which cannot be excluded under applicable law.
Appears in 2 contracts
Samples: Agreement for Copernicus Services, Agreement for the Provision of Services
Unlimited Liability. Nothing in this Agreement shall be construed so as to limit or exclude any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own negligence; or (ii) a party’s fraud or fraudulent misrepresentationmisrepresentation by a party.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Unlimited Liability. Nothing in this Agreement shall be construed so as to limit or exclude any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own negligence; or (ii) a party’s fraud or fraudulent misrepresentationmisrepresentation of a party.
Appears in 2 contracts
Samples: Professional Services, Master Professional Services Agreement (Mpsa)
Unlimited Liability. Nothing Notwithstanding any contrary provision in this Agreement shall be construed so as to limit Agreement, neither Party limits or exclude excludes its liability in respect of any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own its negligence; or (ii) a party’s fraud or , any fraudulent misrepresentation, any intentional or gross negligent default or any other statutory or other liability, which cannot be excluded under applicable Law.
Appears in 2 contracts
Samples: Agreement for the Provision of Services, Agreement for the Provision of Services
Unlimited Liability. Nothing in this Agreement shall be construed so as to agreement will limit or exclude any liability which cannot be legally limited, including but not limited to a party’s liability for: (i) death or personal injury caused by a that party’s own negligence; or , (ii) a party’s gross negligence, (iii) wilful misconduct, (iv) fraud or fraudulent misrepresentation.(v) anything else that cannot by law be limited.
Appears in 1 contract
Samples: End User License Agreement
Unlimited Liability. Nothing in this Agreement shall be construed so as to agreement will limit or exclude any liability which cannot be legally limited, including but not limited to a party’s liability for: (i) death or personal injury caused by a that party’s own negligence; or , (ii) a party’s fraud or fraudulent misrepresentation.wilful misconduct, (iii) gross negligence or
Appears in 1 contract
Samples: End User License Agreement
Unlimited Liability. Nothing in this Agreement shall be construed so as will operate to exclude or limit or exclude any a party's liability which cannot be legally limited, including but not limited to liability for: (i) death for any losses resulting from its willful misconduct (opzet), fraud (bedrog), or personal injury caused by a party’s own negligence; gross negligence (bewuste roekeloosheid), or which liability can otherwise not lawfully be excluded or limited under mandatory provisions of applicable law, (ii) a for penalties definitively imposed by any Supervisory Authority to the extent caused by such party’s fraud or fraudulent misrepresentation's violation of applicable law, and (iii) for the indemnity obligations under the Agreement.
Appears in 1 contract
Samples: General Purchase Terms
Unlimited Liability. Nothing nothing in this Agreement agreement shall be construed so as to limit limit, reduce or exclude any liability which cannot be legally limited, including but not limited under or in connection with this agreement to liability forthe extent that it arises in respect of: (i) death or personal injury caused by a party’s own negligence; (ii) fraud or fraudulent misrepresentation by a party; (iii) any other matter for which it would be unlawful for either party to exclude or limit or attempt to exclude or limit its liability; or (iiiv) a party’s fraud or fraudulent misrepresentationthe indemnification obligations of each party under clause 10.
Appears in 1 contract
Samples: Terms of Service
Unlimited Liability. Nothing Notwithstanding any contrary provision in this Agreement shall be construed so as to limit and/or a Service Contract, neither Party limits or exclude excludes its liability in respect of any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own its negligence; or (ii) a party’s fraud or , any fraudulent misrepresentation, any intentional or gross negligent default or any other statutory or other liability, which cannot be excluded under applicable Law.
Appears in 1 contract
Unlimited Liability. Nothing in this Agreement shall be construed so as to limit limit, reduce or exclude any liability which cannot be legally limited, including but not limited under or in connection with this Agreement to liability forthe extent that it arises in respect of: (i) death or personal injury caused by a party’s own negligence; (ii) fraud or fraudulent misrepresentation by a party; (iii) any other matter for which it would be unlawful for either party to exclude or limit or attempt to exclude or limit its liability; or (iiiv) a party’s fraud or fraudulent misrepresentationthe indemnification obligations of each party under clause 10.
Appears in 1 contract
Samples: Terms of Service
Unlimited Liability. Nothing With respect to either party, nothing in this Agreement shall be construed so as to limit or exclude any liability which cannot be legally limited, including but not limited to liability forlimit: (i) liability for death or personal injury caused by a party’s own gross negligence; (ii) liability for any claim based on malicious damage or intentional fraud; (iii) liability based on product liability claims; or (iiiv) a party’s fraud any other liability which cannot be excluded or fraudulent misrepresentationlimited by applicable law.
Appears in 1 contract
Samples: Software License Agreement
Unlimited Liability. Nothing in this Agreement shall be construed so as to limit or exclude any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own negligence; or (ii) a party’s fraud or fraudulent misrepresentation.or
Appears in 1 contract
Samples: Affiliate Agreement
Unlimited Liability. Nothing in this Agreement shall be construed so as to limit limiting the liability of either party for, (a) personal injury or exclude death resulting from the negligence of a party or its employees, (b) for fraud or fraudulent misrepresentation by a party or its employees, (c) breach of Article 6.8 (Confidentiality), and (d) any liability of either party which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused excluded by a party’s own negligence; or (ii) a party’s fraud or fraudulent misrepresentationlaw.
Appears in 1 contract
Samples: Service Level Agreement
Unlimited Liability. Nothing Notwithstanding any contrary provision in this Agreement shall be construed so as to limit and/or a Service Contract, neither Party limits or exclude excludes its liability in respect of any liability which cannot be legally limited, including but not limited to liability for: (i) death or personal injury caused by a party’s own its negligence; or (ii) a party’s fraud or , any fraudulent misrepresentation, any intentional default or any other statutory or other liability, which cannot be excluded under applicable Law.
Appears in 1 contract