Limitation of Responsibility. Notwithstanding any other provisions ---------------------------- hereof, Committee Members shall be liable to the parties only for actions constituting bad faith, gross negligence or breach of an express provision of this Agreement (so long as such breach remains uncured after ten (10) days of receiving notice of the nature of such breach). In all other respects, Committee Members shall not be liable for negligence or mistakes of judgment.
Limitation of Responsibility. The making of any Advance by Lender shall not constitute or be interpreted as either (a) an approval or acceptance by Lender of the work done through the date of the Advance, or (b) a representation or indemnity by Lender to any party against any deficiency or defect in the work or against any breach of any contract. Inspections and approvals of the Plans and Specifications, the Improvements, the workmanship and materials used in the Improvements, and the exercise of any other right of inspection, approval, or inquiry granted to Lender in this Agreement are acknowledged to be solely for the protection of Lender's interests, and under no circumstances shall they be construed to impose any responsibility or liability of any nature whatsoever on Lender to any party. Neither Borrower nor any contractor, subcontractor, materialman, laborer, or any other person shall rely, or have any right to rely, upon Lender's determination of the appropriateness of any Advance. No disbursement or approval by Lender shall constitute a representation by Lender as to the nature of the Project, its construction, or its intended use for Borrower or for any other person, nor shall it constitute an indemnity by Lender to Borrower or to any other person against any deficiency or defects in the Project or against any breach of any contract.
Limitation of Responsibility. 11.1. Deloitte shall be responsible for the service rendered under the Agreement in accordance with the general rules of Danish law. Any limitations on the overall liability for damages shall be stated in the Letter of Engagement.
11.2. Deloitte shall assume no responsibility for any indirect loss or consequential damage, including loss of goodwill, image, earnings, profit or data.
11.3. Deloitte shall not be held responsible for any claims that might arise as a result of false, misleading or incomplete information, data or documentation furnished by other parties than Deloitte.
11.4. In connection with the preparation of any recommendation, conclusion, report, presentation or any other product as part of the service, Deloitte shall have the right to orally discuss ideas with the client or to present a draft of such products to the client. Deloitte shall not be held responsible for the content of any oral reports or draft products that are subsequently to be replaced by final products.
11.5. Deloitte shall assume no responsibility in respect of any other parties (including third parties) who benefit from, use or gain access to the service provided by Deloitte. The client shall undertake to compensate Deloitte for obligations, losses, expenses or other costs that Deloitte may reasonably incur in connection with claims from such other parties and claims against Deloitte attributable to the client’s defaulting on the Agreement.
11.6. The limitation of responsibility under the Agreement shall apply to all DTTL member firms as if they were direct parties to the Agreement.
Limitation of Responsibility. The Agent may use its own judgment in the performance of its duties hereunder but at any time it may in its discretion employ such counsel, consultants, experts, advisors or agents as it may reasonably require for the purpose of discharging its duties hereunder and shall not be responsible for the negligent actions or misconduct of such parties.
Limitation of Responsibility. (a) The Securities Agent will not be liable for any facts, acts or omissions of the parties on the Kazakhstan Documents or third parties that may prevent the Securities Agent from complying with its obligations and duties under this Agreement.
(b) The Securities Agent shall not have any implied liability or obligation under this Agreement or the Kazakhstan Documents with respect to obligations that are not expressly provided herein or therein.
(c) The parties hereto agree that the Securities Agent shall not be liable for any act or omission, including without limitation, the failure to deliver any notice in accordance with this Agreement, to be performed by any other party hereto or any third party that may result in a failure to comply with the Securities Agent obligations.
(d) The Securities Agent shall not be liable for any act performed in good faith and in accordance with the written instructions delivered by the Trustee to the Securities Agent pursuant to this Agreement. The Trustee shall have no liability for any negligence or willful misconduct of the Securities Agent.
(e) Notwithstanding any other limitation to the Securities Agent’s liability under this Agreement, the parties hereto agree that the Securities Agent shall not be liable for, and shall not have any obligation to verify or investigate:
(i) any representation or warranty made by the parties hereto in this Agreement or any other document related to this Agreement, including but not limited to the Kazakhstan Documents;
(ii) the content of any certificate, report or any other document delivered by any party hereto or any other third party; and
(iii) the fulfillment by the Issuer of its obligations under or any agreement related to this Agreement, including but not limited to the Kazakhstan Documents.
(f) Nothing herein shall require the Trustee to submit to the jurisdiction of a non-U.S. court.
(g) Without limiting the above and notwithstanding any provision to the contrary in any other document, the Securities Agent and its officers, representatives, employees and agents:
(i) shall not have any liability or obligation other than those expressly provided in this Agreement, and the Securities Agent shall not have any implied liability or obligation hereunder;
(ii) at any time, upon determination by the Securities Agent after consultation with legal counsel that it is prohibited by applicable law to perform or refrain from performing an act or requirement set forth herein, the Securities Ag...
Limitation of Responsibility. 5.1 Save as set out above, neither party is responsible for, and is expressly relieved from liability for, any damages suffered by the other, those direct, indirect, incidental, consequential, of any kind or nature, arising out of or related to this Agreement, the Software and/or Documentation.
5.2 Save as set out above, including Licensor's indemnifications obligation, Licensee recognizes and accepts that Licensor is not in any way responsible for any use of the Software and/or the Documentation by Licensee and/or for the consequences of such use, including but not limited to, if such use results in obtaining materials that violate the rights of third parties, is imprecise, obscene, indecent, threatening, offensive, defamatory, illicit, illegal or otherwise.
5.3 Licensee recognizes and accepts that Licensor is not responsible for possible malfunctions provoked by the Software or resulting from possible incompatibility between the Software and/or Documentation and hardware and for other possible delays or problems of functionality.
5.4 Where the applicable law does not allow for the applicability of the exclusions and limitations of responsibility contained in the present Art. 4 and Art. 5, in no event (other than for its indemnification obligations in Art. 4) the limit of responsibility and compensation of either party hereto (except in connection with Sections 4.2.1 and 4.2.4 above) in any way, for any and all damage, loss and for any other cause, shall not exceed, in total, the amount paid as Software license fees.
5.5 However, the limitations above shall not exclude or limit Licensee’s liability for fraud or for death or personal injury arising from the negligence of Licensee, its employees, agents or sub-contractors, or from Licensee’s indemnification obligations provided in the license with respect to the Software.
Limitation of Responsibility. Except in cases separately provided for in this Agreement, the responsibility of the Eiken Foundation of Japan to the applicant and/or candidate is limited to and does not exceed the test fee actually paid by the candidate.
Limitation of Responsibility. 6.1. In no event shall FORGITAL be liable to the Client, Client’s assignee and/or any other third party for any claim, whether arising under contract, tort (including negligence), strict liability or otherwise, for loss of revenue, loss of profit or loss of use of capital, downtime of facilities, standby of equipment/plant, standby of personnel, loss of business reputation or opportunities, loss of production, loss of product and/or for any special, in direct, incidental or consequential loss or damage of any nature (including any penalty or liquidated damages applied by Client’s customers to Client) arising at any time or from any causes whatsoever and whether or not foreseeable, even if caused or contributed to by the negligence or breach (statutory or otherwise) of FORGITAL in relation to Supply Agreement
6.2. Notwithstanding any other provisions on the contractual documents and except the case of demonstrated wilful misconduct of FORGITAL, maximum cumulative and aggregate responsibility/liability of FORGITAL towards Client and/or any third party for whichever reason shall not exceed the amount paid by the Client for the claimed Goods.
Limitation of Responsibility. Deloitte shall be responsible for the service rendered under the Agreement in accordance with the common rules of Danish law. Any limitation on the overall liability for damages shall be stated in the Engagement Letter. Deloitte shall assume no responsibility for indirect loss or consequential damage, including loss of goodwill, image, earnings, profit or data. The parties to the Agreement shall be Deloitte and the client, and none of them shall transport or transfer rights or obligations under the Agreement or part of such rights or obligations to any other party without prior written approval of the other party. Deloitte is, however, entitled, without the consent of the client, to invite other Deloitte member firms to assist in the provision of the service pursuant to the Agreement. When another Deloitte member firm assists Deloitte in providing the service, Deloitte shall be responsible for such member firm in every respect. When concluding an agreement with Deloitte, the client shall accept that in case of any disagreement between Deloitte and the client about the agreement concluded or the service provided under such agreement, the client may only advance a claim or take legal steps against Deloitte – and not against other Deloitte member firms. Deloitte shall not be held responsible for claims that may arise as a result of false, misleading or incomplete information, data or documentation obtained by other parties than Deloitte or other Deloitte member firms used as sub-suppliers. Deloitte shall not assume responsibility for any mistakes made by sub-suppliers to whom the client, under agreement with Deloitte, has left part of the performance of the engagement. In connection with the preparation of any recommendation, conclusion, report, presentation or any other product as part of the service, Deloitte shall have the right to orally discuss ideas with the client or to present a draft of such products to the client. Deloitte shall not be held responsible for the content or any oral reporting or draft products that are subsequently replaced by final products. Deloitte shall assume no responsibility for or obligation to any third party who benefits from, uses or gains access to the service without authorisation. The client shall undertake to compensate Deloitte for obligations, losses or any expenses that Deloitte may incur from the client's breach of the Agreement.
Limitation of Responsibility. Unless otherwise provided for in these Terms, any liability of the Foundation borne against an applicant shall be limited to and shall not exceed the test fee actually paid by the applicant.
