LIMITATION OF LIABILITIES definition

LIMITATION OF LIABILITIES is replaced in its entirety as follows:
Sample 1
LIMITATION OF LIABILITIES. Buyer agrees that the auctioneer, licensees, employees or agents, shall not be liable for any damage, loss, or expense of any king arising out of or resulting from buyers possession or use of the materials, content or information on the website or buyers purchase or sale of goods through this auction regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall auctioneer or any of its agents or employees be liable to the buyer for any direct, indirect, special, incidental, consequential, or punitive damages, including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, virus's, ect., arising out of or in any way related to materials, content, or information on this website or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether auctioneer or any agents or employees have been advised of the possibility of such damages.
Sample 1
LIMITATION OF LIABILITIES. THE OWNER’S (BOTH HOME OWNER AND T-7 PROPERTY OWNER’S ASSOCIATION INC.) SOLE OBLIGATION AND LIABILITY FOR ANY DAMAGE, LOSS OR PERSONAL INJURY RESULTING FROM OR IN ANY WAY CONNECTED WITH THE TENANT’S USE OF THE PROPERTY OR PROPERTY AMENITIES (POOL, TENNIS COURTS, ETC.) SHALL BE, AT OWNER’S OPTION AND JUDGEMENT, TO REPAIR, REPLACE OR REIMBURSE. UNDER NO CIRCUMSTANCES SHALL THE OWNER BE LIABLE TO TENANT OR GUESTS IN TENANT’S PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OR PERSONEL INJURY WHILE USING THE PROPERTY OR PROPERTY AMENITIES. IT IS UNDERSTOOD THAT THE TENANT WILL EXPLAIN THE “LIMITATION OF LIABILITIES” TO ALL GUESTS IN THE TENANTS PARTY AND THAT THE “LIMITATION OF LIABILITIES” APPLIES TO ALL GUESTS IN THE TENANT’S PARTY.
Sample 1

Examples of LIMITATION OF LIABILITIES in a sentence

  • ANY LIMITATION OF LIABILITIES SET OUT IN THIS SECTION AND WITH RESPECT TO OSI WILL BE NULL AND VOID IF OSI BREACHES ITS AGREEMENT SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE.

  • FURTHER, THE LIMITATION OF LIABILITIES AND REMEDIES AND THE EXCLUSION OF DAMAGES AND WARRANTIES CONTAINED HEREIN REFLECT A BARGAINED FOR ALLOCATION OF RISKS BASED ON NEGOTIATIONS AND CONSIDERATION EXCHANGED BETWEEN THE PARTIES.

  • The Chairperson is responsible for keeping the meetings going and assuring the agenda is set.

  • THE FOREGOING LIMITATION OF LIABILITIES WILL APPLY REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.

  • LIMITATION OF LIABILITIES NEITHER NORTEL NOR DISTRIBUTOR SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR FOR ANY REASON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR, EXCEPT TO THE EXTENT EXPLICITLY PROVIDED FOR HEREIN, FOR ANY CLAIMS AGAINST THE OTHER BY ANY THIRD PARTY.

  • IF LIMITED WARRANTIES AND RIGHTS UNDER YOUR ADMINISTRATOR’S LICENSE APPLY TO THE SOFTWARE AND SERVICES, THE LIMITATION OF LIABILITIES APPLICABLE UNDER SUCH LICENSE SHALL APPLY.

  • LIMITATION OF LIABILITIES DRIVE’S LIABILITY FOR ANY CLAIM UNDER THIS PLAN SHALL BE LIMITED TO THE COST TO REPAIR OR REPLACE THE COVERED PRODUCT IN ACCORDANCE WITH THE TERMS OF THIS PLAN, NOT TO EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE COVERED PRODUCT AND THE PLAN BY PROVIDER.

  • LIMITATION OF LIABILITIES (A) When the Carrier is liable for compensation in respect of any loss of or damage to the Goods, it is agreed with the Merchant that such compensation shall be calculated by reference to the value of the Goods at the place and time they are delivered to the Merchant, or at the place and time they should have been delivered.

  • THE LIMITATION OF LIABILITIES IN THIS CLAUSE SHALL NOT OPERATE TO EXCLUDE OR TO LIMIT IDENTEC'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF ITS EMPLOYEES OR AGENTS OR FOR FRAUD.

  • He informed the workshop that, the transport sector account for 22% of global CO2 Emissions, estimated at 7 Gt CO2.

Related to LIMITATION OF LIABILITIES

  • Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, members, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors.

  • Limit of Liability means, with respect to any Insuring Agreement, the limit of liability of the Underwriter for any Single Loss covered by such Insuring Agreement as set forth under the heading “Limit of Liability” in Item 3 of the Declarations or in any Rider for such Insuring Agreement.

  • Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.

  • Indemnification Obligation means any existing or future obligation of any Debtor to indemnify current and former directors, officers, members, managers, sponsors, agents or employees of any of the Debtors who served in such capacity, with respect to or based upon such service or any act or omission taken or not taken in any of such capacities, or for or on behalf of any Debtor, whether pursuant to agreement, letters, the Debtors’ respective memoranda, articles or certificates of incorporation, corporate charters, bylaws, operating agreements, limited liability company agreements, or similar corporate or organizational documents or other applicable contract or law in effect as of the Effective Date.

  • Indemnification Cap has the meaning set forth in Section 9.4(a).

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Indemnification Agreements shall have the meaning set forth in Section 6.01(a).

  • Special Damages has the meaning specified in Section 11.21.

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • AND LIABILITY LIMITS State Street shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless State Street is notified of the unauthorized payment order within thirty (30) days of notification by State Street of the acceptance of such payment order. In no event shall State Street be liable for special, indirect or consequential damages, even if advised of the possibility of such damages and even for failure to execute a payment order.

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • Compensable injury means an injury by accident arising out of and in the course of hazardous employment which must be established by medical evidence supported by objective medical findings.

  • Indemnity Matters means any and all actions, suits, proceedings (including any investigations, litigation or inquiries), claims, demands and causes of action made or threatened against a Person and, in connection therewith, all losses, liabilities, damages (including, without limitation, consequential damages) or reasonable costs and expenses of any kind or nature whatsoever incurred by such Person whether caused by the sole or concurrent negligence of such Person seeking indemnification.

  • Loss of Limb means loss by physical severance of a hand at or above the wrist or of a foot at or above the ankle.

  • BRRD Liability means a liability in respect of which the relevant Write Down and Conversion Powers in the applicable Bail-in Legislation may be exercised.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Indemnity, Subrogation and Contribution Agreement means the Indemnity, Subrogation and Contribution Agreement among Xxxxx 0, the Borrower, the Subsidiary Loan Parties and the Collateral Agent, substantially in the form of Exhibit C-3.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Seller Damages shall have the meaning given to such term in Section 14.3.