Exclusions and Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.
Exclusions and Limitations of Liability a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement.
b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services.
c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement.
d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages.
e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.
Exclusions and Limitations of Liability a) Certain legislation, including the Consumer Xxxxxxxxxx Xxx 0000 may impose or imply warranties, conditions, guarantees or other obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent to which Good2Give is entitled to do so, Good2Give limits its liability in respect of any claim to:
i) in the case of goods, at Good2Give 's option:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of the goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(4) the payment of having the goods repaired, and
ii) in the case of services, at Good2Give 's option:
(1) the supply of the services again; or
(2) the payment of the cost of having the services supplied again.
b) To the full extent permitted by law and subject to a) above, Good2Give shall not under any circumstances be liable to the Charity in respect of:
i) any claim for any: loss of profit, revenue, goodwill or business; loss or corruption of, or damage to data; interruption to business, failure to realise anticipated savings; loss of reputation; or indirect, consequential, special, punitive or incidental loss or damage; or
ii) any loss, costs or damages arising from the negligence, wilful misconduct or fraud of the Charity.
c) To the full extent permitted by law and subject to a) above, Good2Give’s total liability to the Charity in respect of all losses, claims, costs or expenses arising under or in connection with the Agreement, howsoever arising, shall not exceed the aggregate amount of Administration Costs paid by the Charity during the Term of this Agreement.
d) Both parties warrant and represent that they have full capacity and authority to enter into and perform this Agreement. Otherwise, to the full extent permitted by law and subject to a) above, Good2Give excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including those implied or imposed by statute, custom, law or otherwise), except as expressly set out in this this Agreement.
e) The Charity acknowledges and agrees that access to the Platform and the Administrative Support Functions is provided on an "as is", "as available" basis (which amongst other things depends on the availability of sufficient internet bandwidth and f...
Exclusions and Limitations of Liability. 22.1 Notwithstanding any other term or condition contained in this Agreement, the User acknowledges and agrees that ARESC is only able to provide the Services, through Rogers, at the fees agreed upon on the basis that ARESC shall have no liability to the User whatsoever except as expressly stated in this Section 22.
22.2 To the maximum extent permitted by applicable law, ARESC will not be liable to the User for:
A. Any indirect, special, consequential, incidental, economic or punitive damages (including but not limited to, loss of profit or revenue; loss, destruction or alteration of data, files or software; economic loss; loss of business opportunities; down time costs; costs of substitute goods or services; lost goodwill; loss from work stoppage; cost of overhead; loss of anticipated benefits under this Agreement; losses resulting from third party’s unauthorized access to data; personal injury, death, property damage or any other foreseeable or unforeseeable loss, however caused) directly or indirectly resulting from or related to this Agreement, the Services, Fuel's managed services and applications or otherwise arising from dealings between any one or all of ARESC, Rogers, Fuel and the User, even if ARESC has been negligent, was advised of the possibility of such damages, or such damages were foreseeable.
B. The denial, restriction, blocking, disruption or inaccessibility of any Services, including without limitation, 911 or special needs services.
C. Any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto.
D. Damages arising out of the User's own acts, defaults, neglect or omissions.
E. Damages arising out of the transmission of material or messages through use of the User's Device which is in any way unlawful.
F. Any act, omission or negligence of Rogers or Fuel, or any other third party not under the control of ARESC.
22.3 Notwithstanding any other term or condition contained in this Agreement, the User further agrees that any and all claims against ARESC for damages, regardless of cause of action, whether in contract, tort, product liability, strict liability or otherwise, will in all cases and in any event, be limited to a maximum aggregate amount of FIFTY DOLLARS ($50.00) in lawful currency of Canada. The User acknowledges and agrees that the disclaimers, limitationsand caps on liability contained in this Agreement are reasonable, ...
Exclusions and Limitations of Liability. 11.1. In no event will CF be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relating to the use of the Service or to any service provided or undertaken by CF under this SAASA, even if CF has been advised of the possibility of such loss or damage. The foregoing exclusion of liability applies to all causes of action, including breach of contract, breach of warranty, strict liability, negligence and other torts.
11.2. In no event will CF be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure.
11.3. CF is not responsible for any third-party solutions or data that are available and/or integrated with the Service. CF cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, CF cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions.
11.4. The maximum aggregate liability of CF upon any claims whatsoever, arising out of the services provided by CF or the Service under this SAASA will be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services paid by the Customer in the 12 months prior to the event giving rise to liability.
11.5. CF shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of CF, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local, regional or national government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock-outs.
Exclusions and Limitations of Liability. (a) So far as the law allows, subject to clauses 10.2(b) and 10.2(c), each party will have no liability to the other party arising out of or in connection with this Agreement whether in contract, in tort (including negligence), in equity, by operation of law or otherwise for Losses, including Consequential Losses. This exclusion of liability applies whether or not a party was aware of the possibility of such Consequential Loss to the other party when this Agreement was entered into.
(b) The exclusion of liability under clause 10.2(a) does not apply to a party’s liability under clauses 2, 3, 4, 5.1(d), 5.2(c), 8.2 and 13.2, for which liability is unlimited, other than in respect of Losses for which a party is liable under clause 10.2(c). For the avoidance of doubt, Losses that are recoverable under this clause 10.2(b) shall be considered direct damages and neither party shall assert that they are Consequential Loss to the extent they result directly from the breaching party’s failure to perform or other wrongful act or omission. The fact that the parties have specified certain types of Losses as being recoverable does not otherwise affect the normal legal principles applicable to a party’s entitlement to recover (or the categorisation of) Loss.
(c) So far as the law allows, a party (Party X) is liable to the other party (Party Y) for Losses arising out of or in connection with this Agreement directly sustained or incurred by Party Y as a result of:
(i) personal injury to Party Y or its employees, contractors, or agents; or
(ii) damage to the property of Party Y or its employees, contractors, or agents, caused by Party X’s breach of this Agreement or negligent act or omission but subject to a cap of $1 million per event.
Exclusions and Limitations of Liability. 6.1 These terms do not exclude or restrict our liability if our negligence causes death or injury to you.
6.2 We are not liable for any indirect loss, special loss or consequential loss or damage to you or for any loss of profit, loss of contract, loss of business, loss of goodwill, loss of opportunity, loss of revenue, loss of income or any similar loss of any nature arising in any circumstances whatsoever and however caused.
6.3 We are not liable for loss arising from:-
(a) delay by you or others giving us information for documents;
(b) information or documents supplied by you or others being incomplete, inaccurate or out of date;
(c) things outside our reasonable control;
(d) actions, failures or advice of others;
(e) delay by you paying our fees or any expense or disbursements we have requested from you.
6.4 Save for death or personal injury caused to you and arising from our negligence, our maximum liability to you for any and all losses, claims, liabilities and expenses of whatever nature is limited to the sum set out in the letter of engagement or if no sum is specified, £3 million.
6.5 We are not liable for a failure to provide services which fall outside the scope of our engagement as set out in the letter of engagement. We are not under a duty to advise you about, or of the consequences of, any event or change in the law or its interpretation which takes place after we finish providing the work.
6.6 We will not provide advice on any form of taxation (including VAT), any accounting matters, or pensions and we do not provide advice on financial matters unless expressly provided for in our engagement letter.
6.7 Our services are provided by us only and your contract is with us only. We are not liable to people or bodies other than you for our services. You agree you will not bring any claim against any company owned or controlled by us, any of our members, employees, consultants or agents or those of any company owned or controlled by us. Any services provided by such people are solely on our behalf.
6.8 If you are not a consumer and we have suffered loss or liability as a result of acting in accordance with your instructions, you will indemnify us for such loss or liability to the extent that it is not caused by our own negligence.
Exclusions and Limitations of Liability a) Certain legislation, including the Australian Competition and Consumer Xxx 0000 (Cth) may impose or imply warranties, conditions, guarantees or other obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent to which Good2Give is entitled to do so, Good2Give limits its liability in respect of any claim to:
i) in the case of goods, at Good2Give 's option:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of the goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(4) the payment of having the goods repaired, and
ii) in the case of services, at Good2Give 's option:
(1) the supply of the services again; or
(2) the payment of the cost of having the services supplied again.
b) To the full extent permitted by law and subject to a) above, Good2Give shall not under any circumstances be liable to the Charity in respect of:
i) any claim for any: loss of profit, revenue, goodwill or business; loss or corruption of, or damage to data; interruption to business, failure to realise anticipated savings; loss of reputation; or indirect, consequential, special, punitive or incidental loss or damage; or
ii) any loss, costs or damages arising from the negligence, wilful misconduct or fraud of the Charity.
c) To the full extent permitted by law and subject to a) above, Good2Give’s total liability to the Charity in respect of all losses, claims, costs or expenses arising under or in connection with the Agreement, howsoever arising, shall not exceed the aggregate amount of Administration Costs paid by the Charity during the Term of this Agreement.
d) Both parties warrant and represent that they have full capacity and authority to enter into and perform this Agreement. Otherwise, to the full extent permitted by law and subject to a) above, Good2Give excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including those implied or imposed by statute, custom, law or otherwise), except as expressly set out in this this Agreement.
e) The Charity acknowledges and agrees that access to the Platform and the Administrative Support Functions is provided on an "as is", "as available" basis (which amongst other things depends on the availability of sufficient in...
Exclusions and Limitations of Liability. Entrust shall not under any circumstances be liable to customers in contract, tort (including negligence), breach of statutory duty or otherwise for loss of revenues or opportunities, profit, use, goodwill, data, reputation, financial or economic loss or any type of special, indirect or consequential loss, damages, costs or expenses (even if such loss was reasonably foreseeable or Entrust had been advised of the possibility of you incurring the same). Further, Entrust shall have no liability for any death or bodily injury (except death or injury which may not be so limited under any applicable law), or loss of or damage to property, of anyone attending the Course pursuant to the booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Course. Customers agree to indemnify Entrust against any claim in respect of any such liability (and the costs and expenses incurred by Entrust in relation thereto). Without prejudice to any other limitation or exclusion of liability set out in these terms and to the fullest extent permitted by law, the total liability of Entrust to the Customer in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of Entrust or its employees which shall be unlimited) arising in relation to the Course shall not exceed the face value of Charge paid by the Customer. Customers shall be liable for any costs incurred in repairing any damage to the premises or contents provided for at the Event, where such damage amounts to over the value of £100, including glass or furniture breakages, equipment, vehicles, caused by the Customer or its employees or guests. Furthermore, Custom e r s attend Courses at their own risk and Entrust does not accept any responsibility for any loss of or damage to personal property, including baggage, or any personal injury resulting from attendance at any Course save as expressly set out above. In any event and in accordance with the above terms in clause 14, Entrusts liability shall amount in total to no more than 30% of the charge for the Course in aggregate for all claims relating to the Course.
Exclusions and Limitations of Liability. RSP does not investigate whether or not any Registrant is entitled to register or hold any rights in a Domain Name or request any Web and Email Services, except for ccTLDs where such investigation is required by the policy set out by the relevant registry.
