LIABILITY & LOSS Clause Samples

LIABILITY & LOSS. Provider shall have no liability to User for any error in any of the information furnished, provided that such information is the same as that which is used by Provider in its business of searching, examining and insuring title in ▇▇▇▇▇ County, Washington. Provider shall have no liability or responsibility to any customer of User or to any person to whom User may furnish such title information, report, binder, guarantee or policy upon which such claim or assertion is based. User shall indemnify and hold Provider harmless from and against such claim or assertion, including all costs, expenses, attorney's fees and actual loss or losses incurred or sustained by reason of such claim or assertion. When such claim or assertion is made to Provider, Provider shall promptly give notice to User and User shall have the right, if it so elects, to provide for the defense of Provider in any action of litigation based thereupon by counsel of said User's own choosing and at User's own cost and to pursue such litigation of final determination. User shall also have the right, whether or not any action or litigation shall have resulted, to compromise or settle any such claim on behalf of said Provider but at the sole cost of User. The parties hereto agree that they do not intend by this Agreement to benefit any third party or to create any third party beneficiary rights under this Agreement. Any benefit accruing to any third party is incidental to the rights and obligations created hereunder. Provider shall not be liable to User and User shall defend and hold Provider harmless from any loss or damage, nor shall there be any abatement of the charges set forth herein arising from (a) accuracy or inaccuracy, completeness, correctness or incorrectness, legibility or illegibility, or other deficiency of any kind of any recorded document image; (b) Provider's failure to deliver, or delay of any recorded document image requested by User; (c) any lack of completeness or other inadequacy of the Imaged Library; (d) any changes to any original recorded document occurring as a result of conversion of said original recorded document from microfilm to electronic image format; (e) the use of any equipment or other software or hardware used in the operation or recorded document images in the Imaged Library; (f) any interruption or loss of service, information, or imaged document; or (g) any other act or omission of Provider related to use of the recorded document image in the Imaged Library...
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LIABILITY & LOSS. The YARD is not responsible for the loss of enjoyment due to delays, interruptions, changes in arrangements, or to other services which are caused by circumstances amounting to force majeure, such as, but not limited to; war, riots, labor strikes, viruses, pandemics, acts of God, government regulations or restrictions on travel, natural disaster or adverse weather conditions. Please assign a person from your group to take care of all wedding cards, gifts, decorations and any extra cake. The YARD is not responsible for any loss, damaged or stolen items to the customer’s displays, decorations, or other property used for the event. This will be the sole responsibility of the client.
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Related to LIABILITY & LOSS

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.

  • Liability Limitation CHANNELADVISOR IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE CHANNELADVISOR PLATFORM, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL SELECTION OF PARTIES WITH WHOM CUSTOMER DOES BUSINESS, AND FOR TERMS AND CONDITIONS OF CUSTOMER’S AGREEMENTS WITH THOSE PARTIES AND WITH NETWORK SITES AND FEED DESTINATIONS. CHANNELADVISOR HAS NO RESPONSIBILITY FOR THE QUALITY OR AVAILABILITY OF GOODS OR SERVICES PROVIDED BY CUSTOMER, ANY BUYER’S ABILITY TO PAY, ANY THIRD PARTY’S COMPLIANCE WITH THE TERMS OF A TRANSACTION, OR FOR ANY INJURY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE GOODS OR SERVICES OBTAINED BY A BUYER OR SOLD BY CUSTOMER THROUGH USE OF THE SERVICES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT OR ANY APPLICABLE SOW, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CHANNELADVISOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR APPLICABLE SOW WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE SOW GIVING RISE TO THE CLAIM DURING THE TWELVE-MONTH PERIOD IMMEDIATELY BEFORE THE DATE THE CLAIM AROSE. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF CERTAIN DAMAGES RELATED TO A PARTICULAR CAUSE OF ACTION, THEN THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Liability for Losses Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.

  • Liability Limit THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST US WILL BE LIMITED TO DIRECT, ACTUAL DAMAGES, AND NEITHER NEXTERA ENERGY SERVICES OHIO, LLC NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT (INCLUDING LOSS OF PROFITS) OR PUNITIVE DAMAGES.

  • Damage or Loss 3.1 All laptops and batteries are covered by a manufacturer’s warranty. The warranty covers manufacturer’s defects and normal use of the laptop. It does not cover negligence, abuse, malicious or accidental damage.(e.g cracked LCD screens are not covered under warranty) 3.2 Any problems, vandalism, damage loss or theft of the laptop must be reported immediately to the school. 3.3 In the case of a suspected theft a police report must be made by the family and an event number provided to the school. 3.4 In the case of accidental loss or damage a witnessed statutory declaration signed by the parent/carer should be provided and a major damage or loss report must be filled out by the student. The repair costs are subsidised. (No charge for labour). 3.5 If a laptop is damaged or lost the principal will determine whether replacement is appropriate and/or whether or not a student retains access to a laptop for home use. 3.6 Students will be required to replace lost or damaged chargers.