Common use of WARRANTIES, LIABILITY AND INSURANCE Clause in Contracts

WARRANTIES, LIABILITY AND INSURANCE. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each Party’s total liability to the other Party for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming Party. Neither Party shall under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this Agreement or your use of the Services. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agents) failing to comply with its obligations under the Agreement (other than where the failure is itself caused by the first party) or (b) a Force Majeure event. During the term of your Agreement and for three years afterwards, we will maintain insurance coverage in amounts and against risks that are normal for businesses similar to that of Xxxxxx including coverage against public liability, property damage, professional indemnity and product liability, in amounts of at least NZ$2 million per claim. We will, upon request, provide to you a certificate from the insurer confirming the terms of such insurance.

WARRANTIES, LIABILITY AND INSURANCE. 9.1. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. 9.2. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. 9.3. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. 9.4. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each Party’s total liability to the other Party for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming Party. 9.5. Neither Party shall under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this Agreement or your use of the Services. 9.6. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. 9.7. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agents) failing to comply with its obligations under the Agreement (other than where the failure is itself caused by the first party) or (b) a Force Majeure event. 9.8. During the term of your Agreement and for three years afterwards, we will maintain insurance coverage in amounts and against risks that are normal for businesses similar to that of Xxxxxx including coverage against public liability, property damage, professional indemnity and product liability, in amounts of at least NZ$2 million per claim. We will, upon request, provide to you a certificate from the insurer confirming the terms of such insurance.

WARRANTIES, LIABILITY AND INSURANCE. 9.1. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. 9.2. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. 9.3. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx Modica engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. 9.4. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each Party’s total liability to the other Party for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming Party. 9.5. Neither Party shall under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this Agreement or your use of the Services. 9.6. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. 9.7. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agents) failing to comply with its obligations under the Agreement (other than where the failure is itself caused by the first party) or (b) a Force Majeure event. 9.8. During the term of your Agreement and for three years afterwards, we will maintain insurance coverage in amounts and against risks that are normal for businesses similar to that of Xxxxxx Modica including coverage against public liability, property damage, professional indemnity and product liability, in amounts of at least NZ$2 million per claim. We will, upon request, provide to you a certificate from the insurer confirming the terms of such insurance.

WARRANTIES, LIABILITY AND INSURANCE. 9.1. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. 9.2. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. 9.3. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx Modica engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. 9.4. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each PartyModica’s total liability to the other Party you for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming PartyModica. 9.5. Neither Party Modica shall not under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this your Agreement or your use of the Services. 9.6. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. 9.7. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agents) failing to comply with its obligations under the Agreement (other than where the failure is itself caused by the first party) or (b) a Force Majeure event. 9.8. During the term of your Agreement and for three years afterwards, we will maintain insurance coverage in amounts and against risks that are normal for businesses similar to that of Xxxxxx Modica including coverage against public liability, property damage, professional indemnity and product liability, in amounts of at least NZ$2 million per claim. We will, upon request, provide to you a certificate from the insurer confirming the terms of such insurance.

WARRANTIES, LIABILITY AND INSURANCE. 9.1. We will utilise our reasonable efforts to maintain acceptable performance of the Services. However we do not guarantee the Service will be continuous or fault free. 9.2. We may, without liability to you, suspend the Service if we need to carry out any maintenance determined by us to be necessary from time to time. We will make all reasonable efforts to notify you in advance of any suspension of Service for reasons of maintenance. 9.3. We warrant as follows: (a) the Service will comply in all material respects with the service description on our website; and (b) all employees, personnel and contractors of Xxxxxx engaged in the performance of the Services will be appropriately qualified and experienced and will be suitable and capable of performing their obligations to the standard required under the Agreement. However, no breach of these warranties will be deemed to have occurred where the relevant breach has occurred as a result of the acts or omissions of you (or your employees, contractors, agents or representatives) or any third party, or as a result of any event of Force Majeure. 9.4. Except for any warranties, conditions or representations that are expressly set out in these Terms of Use, all warranties, representations or conditions (including without limitation, warranties as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. Each PartyModica’s total liability to the other Party you for damages in connection with one or more breaches of your Agreement, tortious or other action or contravention of any statute will not in any circumstances exceed in aggregate the total amount paid by you to us pursuant to your Agreement in the twelve month period preceding the date the claim is first filed against the non claiming PartyXxxxxx. 9.5. Neither Party Xxxxxx shall not under any circumstances be liable for any loss of business, profit, revenue, goodwill, opportunity or anticipated profits or data or savings or any indirect, special or consequential loss or damage arising out of or in connection with this your Agreement or your use of the Services. 9.6. The limitations and exclusions of liability in this clause 9 will apply however liability arises, whether in contract, tort, equity, breach of statutory duty or otherwise. 9.7. Neither Party will be responsible for any failure to perform its obligations under the Agreement to the extent that the failure is due to: (a) the other Party (and its employees and agents) failing to comply with its obligations under the Agreement (other than where the failure is itself caused by the first party) or (b) a Force Majeure event. 9.8. During the term of your Agreement and for three years afterwards, we will maintain insurance coverage in amounts and against risks that are normal for businesses similar to that of Xxxxxx including coverage against public liability, property damage, professional indemnity and product liability, in amounts of at least NZ$2 million per claim. We will, upon request, provide to you a certificate from the insurer confirming the terms of such insurance.