Warranties Limitation of Liability. The Company will use commercially reasonable efforts to provide the Services in a good and workmanlike manner in accordance with the sound and prudent practices of providers of similar services. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A PERSON THAT IS NOT A PARTY TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 2.05 WILL SURVIVE TERMINATION OF THIS AGREEMENT.
Warranties Limitation of Liability. 6.1 IJJCorp hereby represents and warrants that:
1. the Consulting Services provided pursuant to the Agreement will be performed in a timely and professional manner by IJJCorp and its Consulting Services Personnel, consistent with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy for any breach of this warranty will be, at IJJCorp’s option, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and
2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Services.
6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT.
6.3 The Parties hereby agree that:
Warranties Limitation of Liability. Neither CID nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, CID and its data providers are hereby collectively referred to as “CID”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related data) for any loss or injury arising out of or caused in whole or in part by XXX’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IDV Services. If, notwithstanding the foregoing, liability can be imposed on CID, then Customer agrees that CID's aggregate liability for any and all losses or injuries arising out of any act or omission of CID in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CID’s indemnification obligation detailed in Section 10 hereof; and Customer covenants and promises that it will not sue CID for an amount greater than such sum even if CID and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CID. XXX does not make and hereby disclaims any warranty, express or implied, with respect to the IDV Services provided hereunder; provided, however, that XXX does hereby warrant that XXX has complied with the law, and applicable third-party data provider contracts in providing the IDV Services. CID does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV Services or the components thereof or information provided hereunder. In no event shall CID be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.
Warranties Limitation of Liability. THE COMPANY WARRANTS THAT AT THE TIME OF DELIVERY (I) PRODUCT IS FREE AND CLEAR OF ALL LIENS, ENCUMBERANCES AND SECURITY INTERESTS; AND (II) PRODUCT COMPLIES WITH THE COMPANY’S PUBLISHED SPECIFICATIONS (OR AS OTHERWISE REFERENCED IN THE CONTRACT). THE COMPANY MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. THE COMPANY’S TOTAL LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CLAIM OR LIABILITY ASSOCIATED WITH THE CONTRACT OR ANY PRODUCT, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY IS EXPRESSLY LIMITED TO, AT THE COMPANY’S OPTION, REPLACEMENT, REPAIR OR REWORK, AS APPLICABLE, OF NONCONFORMING PRODUCT OR PAYMENT IN AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE, THE PURCHASE PRICE OF THE SPECIFIC PRODUCT FOR WHICH DAMAGES ARE CLAIMED. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY OR SPECIAL DAMAGES OR DAMAGES, LOSSES OR EXPENSES ASSOCIATED WITH LOSS OF PROFITS, BUSINESS, CONTRACTS OR SAVINGS, LOSS OF GOODWILL, LOSS OF PRODUCTION, LOSS OF USE, BUSINESS INTERRUPTION AND ANY OTHER DAMAGES, LOSSES OR EXPENSES OF ANY KIND OR CHARACTER TO BUYER, ITS CUSTOMERS, OR OTHER PERSONS OR ENTITIES.
Warranties Limitation of Liability. 11.1 Each Party contributing Background Information warrants that, to the best knowledge of contributing Party:
a) it has provided the Background Information as set forth in Article 5.1 correct and complete, however, on the basis of “as-is”, without any warranty in that respect;
b) it has sufficient rights to grant the licences under the Background Information pursuant to Article 5, subject, however to the limitations set forth in Appendix 4.
11.2 Parties do not accept any liabilities for damage or loss which arises due to the fact that the Results do not qualify for patenting or because rights of third parties are infringed when applying the Results.
11.3 Except for the warranty under Article 11.1, the Parties disclaim any implicit or explicit warranty.
11.4 Except in case of gross negligence, wilful misconduct or breach of the warranty pursuant to Article 11.1, the maximum aggregate liability of a Party shall be equal to its share in the overall Project Budget. Furthermore, none of the Parties shall be liable for any indirect damage.
Warranties Limitation of Liability. (a) Supplier warrants that the Product supplied hereunder will conform to the promises and affirmations of fact made in its supplier’s current technical literature and printed advertisements, if any, related specifically to such product(s) and that it will convey good title to the product(s) supplied hereunder, free of all liens. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED. THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
(b) SUPPLIER SHALL NOT BE LIABLE FOR ANY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOSS OF PROFIT, EVEN IF SUPPLIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranties Limitation of Liability. 12.1 IAE warrants the work performed by a Maintenance Center at the final Shop Visit for each Eligible Engine under this Agreement shall be free from defects in materials and workmanship as follows: If Spirit demonstrates to the reasonable satisfaction of IAE that a defect in the work performed on a Part has caused damage to such Part or any other Part, and Spirit provides written notice to IAE of such damage within [***] or within [***] after installation of the corresponding Eligible Engine on an Aircraft, or if not installed on an Aircraft, within [***] after delivery of the Eligible Engine from the applicable Shop Visit, whichever occurs first, IAE shall, as its sole responsibility for such defect, repair such damage at IAE's own cost and expense. Transportation charges for the return of defectively serviced goods to IAE or the Maintenance Center, and their reshipment to Spirit and risk of loss thereof shall be borne by IAE only if such goods are returned in accordance with reasonable written shipping instructions from IAE. 12.2 IAE warrants to Spirit that it shall convey good title to the new Parts sold hereunder. IAE's liability and Spirit's remedy under this warranty are limited to the removal of any title defect or, at the election of IAE, to the replacement of the new Parts or components thereof which are defective in title; provided, however, that the rights and remedies of the Parties with respect to patent infringement shall be limited to the provisions of Section 15 of this Agreement. Spirit warrants that title to Parts removed from Eligible Engines by the Maintenance Center shall pass immediately to IAE free and clear of all security interests and rights of Spirit or others at the time that title to the replacement Part passes to Spirit.
Warranties Limitation of Liability. 6.1 Customer warrants that its use of the Service shall be in accordance with all applicable laws and regulations.
6.2 Service Provider warrants that:
6.2.1 the Service will comply substantially in accordance with the Specification;
6.2.2 it owns or controls all and any intellectual property rights in and to the Service.
6.3 Save in respect of the Warranty in Clause 6.2 Service Provider shall be under no liability to Customer for any damages or losses, direct or indirect, resulting from provision of the Service. Service Provider shall have no liability for any indirect or consequential losses, damages or expenses suffered by Customer, howsoever caused.
6.4 Except as specifically set out in this Agreement, any term, representation, condition or warranty in respect of the quality, fitness for purpose, condition, durability or description of the service, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
6.5 Nothing in this Clause 6 shall be interpreted as excluding or restricting any legal liability of Service Provider for death or personal injury resulting from the negligence of Service Provider, its employees, agents or sub-contractors or restricting any of Service Provider's legal obligations arising under Section 12 of the Sale of Goods Act 1979 or under the Consumer Protection Act 1987.
6.6 Subject always to Clause 6.3 Service Provider shall be liable for damage to any property of the Customer caused by any negligent act or omission of Service Provider, its employees or authorised representatives PROVIDED ALWAYS THAT such liability or any other liability of Service Provider in contract, tort or otherwise including any liability for negligence howsoever arising out of or in connection with the performance of Service Provider's obligations under this Agreement shall be limited to the Fees in respect of one incident or any series of incidents arising from a common cause in the preceding 12 month period.
Warranties Limitation of Liability. The Services shall be provided in accordance with the Services Standard. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, AGP MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT SHALL AGP OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES, OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A THIRD PARTY.
Warranties Limitation of Liability. COMDATA AND THE BANK MAKE NO --------------------------------------- WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES, PRODUCTS OR EQUIPMENT PROVIDED HERUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMDATA'S SOLE RESPONSIBILITY TO CARDHOLDERS SHALL BE TO MAKE THE SERVICE AVAILABLE IN ACCORDANCE WITH THE TERMS OF THIS CARDHOLDER AGREEMENT AND DISCLOSURE. IN NO EVENT SHALL COMDATA OR THE BANK BE LIABLE TO ANY CARDHOLDER OR ANY OTHER FIRM OR PERSON FOR CONSEQUENTIAL INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF COMDATA OR THE BNK HAD PRIOR KNOWLEDGE OF THE POSSIBILITY OF SAME. ELECTRONIC FUNDS TRANSFER DISCLOSURE ------------------------------------
1. CARD ISSUANCE AND RESPONSIBILITIES.
(a) You will be issued one Card and you ----------------------------------- will select a Personal Identification Number ("PIN") for use with your Card to access funds distributed to your Card. Upon our acceptance of your written acceptance of this Agreement, you may use your Card to access or use such funds.
(b) For security purposes, only you will know your PIN. It is not printed on the Card, and neither our personal nor your employees have access to it. The Card and the PIN are not transferable and are provided for your protection and identification during Card related financial transactions and other uses of the Card.
(c) You agree that you will; (i) use the Card, PIN and services available through the Service as instructed; (ii) promptly notify us of any loss or theft of the Card or disclosure of the PIN; and (iii) accept liability for misuse of the Card and PIN as described in Section 5 below.
