WAIVERS AND LIMITATIONS OF LIABILITY Sample Clauses

WAIVERS AND LIMITATIONS OF LIABILITY. UNLESS PROHIBITED BY LAW, OUR AND OUR SERVICE PROVIDERS’ LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU OR YOUR USERS(S) MAY HAVE AGAINST US OR OUR SERVICE PROVIDERS ARISING OUT OF YOUR OR YOUR USER(S)’ USE OF THE BARK PHONE OR BARK WIRELESS SERVICES IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE BARK PHONE AND BARK WIRELESS SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE OR OUR SERVICE PROVIDERS LIABLE TO YOU OR YOUR USER(S) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF YOUR OR YOUR USER(S) USE OF THE BARK PHONE OR BARK WIRELESS SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), OR OTHERWISE IN CONNECTION WITH THE AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU OR YOUR USER(S) MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU, YOUR USER(S) OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER BARRED.

WAIVERS AND LIMITATIONS OF LIABILITY. You and Verizon both agree to limit claims against each other solely to direct damages. That means neither of us will claim any damages that are indirect, special, consequential, incidental, treble, or punitive. For example, disallowed damages include those arising out of a Service or Equipment failure, unauthorized access or changes to your account or Services or Equipment, or the use of your account or Equipment by others to authenticate, access or make changes to a third-party account, such as a financial account or Third-Party Service account, including changing passwords. This limitation and waiver will apply regardless of the theory of liability. It also applies if you bring a claim against one of our vendor partners, content partners, or Third-Party Services partners, to the extent we would be required to indemnify the supplier for the claim. You agree we are not responsible for problems caused by you or others, or by any act of God. You also agree we are not liable for missed or deleted voice mails or other messages, or for any information (like pictures) lost or deleted.

WAIVERS AND LIMITATIONS OF LIABILITY. The waivers and limitations set forth in this Section 11 shall apply to the maximum extent permitted by applicable law, and notwithstanding any contrary provision of this Agreement or failure of the essential purpose of any remedy, even if Company has been advised of the possibility of such damages or losses or such damages or losses were reasonably foreseeable. Likewise, these waivers and limitations in this Section 11 apply to any and all liability or cause of action however alleged or arising, whether in contract, tort (including negligence), products or strict liability or any other form of action.

WAIVERS AND LIMITATIONS OF LIABILITY. (a) EACH BORROWER AND LENDER HEREBY KNOWINGLY DEMAND A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING THIS AGREEMENT, THE NOTE, ANY OTHER LOAN DOCUMENT, THE OBLIGATIONS, OR ANY RELATIONSHIP BETWEEN LENDER AND BORROWER. EACH BORROWER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THE FOREGOING WAIVERS WITH ITS LEGAL COUNSEL AND HAS KNOWINGLY AND VOLUNTARILY WAIVED ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

WAIVERS AND LIMITATIONS OF LIABILITY. With the exception of claims arising out of paragraph 19 above, you and IGL TeleConnect both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to recover any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of IGL TeleConnect’s suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren’t responsible for problems caused by you or others, or by any act of God. You also agree we aren’t liable for missed or deleted voice mails or other messages, or for any information that gets lost or deleted if we work on your equipment.

WAIVERS AND LIMITATIONS OF LIABILITY. Both Clear Rate and you agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of Clear Rate’s suppliers, to the extent Clear Rate would be required to indemnify the supplier for the claim. You agree that Clear Rate is not responsible for problems caused by you or others, or by any act of God. You also agree Clear Rate is not liable for missed or deleted voice mails or other messages, or for any information (like pictures) that gets lost or deleted if Clear Rate performs any work on your device. If another wireless carrier is involved in any problem (for example, while you are roaming), you also agree to any limitations of liability that it imposes.

WAIVERS AND LIMITATIONS OF LIABILITY. 18.01 Landlord reserves the right, without any liability to Tenant, to stop service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or any of the other services required by Landlord under this Lease, wherever and for so long as may be necessary, by reason of accidents, emergencies, strikes or the making of repairs or changes which Landlord is required by this Lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, stream, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's control. Landlord will make reasonable efforts to make suitable alternative space available and will use its best effort to make repairs promptly. 18.02 Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Premises, or in or to the fixtures, equipment or appurtenances of the Building of the Premises. Landlord will use its commercially reasonable efforts to minimize disruption of Tenant’s business operations at the Premises. 18.03 Without limiting the generality of any of the foregoing provisions of this Lease, Tenant waives any and all claims of any kind, nature or description against Landlord arising out of the failure of the Landlord from time to time furnish any of the services required to be furnished by Landlord under this Lease, including specifically, but without limitation, air conditioning, heat, electricity, elevator service and toilet facilities unless due to landlord's negligence.

WAIVERS AND LIMITATIONS OF LIABILITY. Both Clear Rate and you agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of Clear Rate’s suppliers, to the extent Clear Rate would be required to indemnify the supplier for the claim. You agree that Clear Rate is not responsible for problems caused by you or others, or by any act of God. You also agree Clear Rate is not liable for missed or deleted voice mails or other messages, or for any information (like pictures) that gets lost or deleted if Clear Rate performs any work on your device. If another wireless carrier is involved in any problem (for example, while you are roaming), you also agree to any limitations of liability that it imposes. You agree to be solely responsible for all subscription fraud and/or system fraud incurred as a result of activity on the System caused by your device. Additionally, you will be responsible for usage on lost or stolen Equipment that you fail to deactivate. You further agree that if You or someone using your device, causes Clear Rate losses, damages, or other monetary penalties including fees or penalties levied by any regulatory agency, you will bear all costs related to the fraud caused by you or your device, including attorney’s fees and any actually incurred expenses in relation to your activity..

WAIVERS AND LIMITATIONS OF LIABILITY. Rhythms' (***) under any theory (including but not limited to fraud, misrepresentation, breach of contract, (***) Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. personal injury, negligence, or products liability) (***) (***) . The (***) (***) under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, negligence, or products liability) (***) (***) (***) (***) . Neither Cisco nor Rhythms shall (***) (***) (a) (***) (b) (***) (***) or (c) (***) . Rhythms and Cisco agree not to make, and to waive to the fullest extent allowed by law, (***) (***) . Rhythms and Cisco also agree not to make, and to waive to the fullest extent allowed by law, (***) (***) (***) Cisco agrees (***) (***) . Rhythms shall not be liable to Cisco for interrupted service or problems caused by or contributed to (i) by Cisco; (ii) by any third party; (iii) by, atmospheric conditions or other things Rhythms does not control; or (iv) by any act of God or natural disaster. Rhythms shall not be liable for any claim by or against Cisco arising out of or related to (i) alteration, theft or destruction of Cisco's computer programs, information, data files, procedures or other property, (ii) any losses or damages Cisco may suffer in connection with the use or inability to use Rhythms products or services, or (iii) any data, materials or other information transmitted or received by or to Cisco or Cisco's intended recipient that are lost or improperly intercepted via the Internet.

WAIVERS AND LIMITATIONS OF LIABILITY. You and DTC Wireless both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim.