Liability Provisions. (a) Notwithstanding any provision of the Main Agreement or this Schedule C, BNYM shall not be liable under this Schedule C under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, for exemplary, punitive, special, incidental, indirect or consequential damages, or for any other damages which are not direct damages regardless of whether such damages were or should have been foreseeable and regardless of whether any entity has been advised of the possibility of such damages, all and each of which damages is hereby excluded by agreement of the parties.
Liability Provisions. (a) Notwithstanding any provision of the Main Agreement or this Schedule C, a party shall not be liable under this Schedule C under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, for exemplary, punitive, special, incidental, indirect or consequential damages, or for any other damages which are not direct damages regardless of whether such damages were or should have been foreseeable and regardless of whether any entity has been advised of the possibility of such damages, all and each of which damages is hereby excluded by agreement of the parties.
Liability Provisions. (a) Notwithstanding any provision of the Main Agreement or this Appendix B, BNYM shall not be liable under this Appendix B under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, for exemplary, punitive, special, incidental, indirect or consequential damages, or for any other damages which are not direct damages regardless of whether such damages were or should have been foreseeable and regardless of whether any entity has been advised of the possibility of such damages, all and each of which damages is hereby excluded by agreement of the parties.
Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The above will apply accordingly to SurveyMonkey’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey may use the respondents’ survey responses and personal data as described in the Privacy Policy (https:/ xxx.xxxxxxxxxxxx.xxx/xx/xxxxx/xxxxxxx-xxxxxx/) and obtaining a prior consent for disclosing personal data to SurveyMonkey from the respondents of your surveys.
Liability Provisions a. The Affiliate shall defend, indemnify, and hold harmless the University, its governance board, agents, officers, employees and Students, from and against all claims, damages, losses, and expenses arising from the acts, errors, mistakes, omissions, work or service of the Affiliate, its agents, employees, and sub-contractors, in the performance of this Agreement.
Liability Provisions. Where bidders are required to enter or go onto Chatham County property to take measurements or gather other information in order to prepare the bid or proposal as requested by the County, the bidder shall be liable for any injury, damage or loss occasioned by negligence of the bidder, his agent, or any person the bidder has designated to prepare the bid and shall indemnify and hold harmless Chatham County from any liability arising therefrom. The contract document specifies the liability provisions required of the successful bidder in order to be awarded a contract with Chatham County.
Liability Provisions. 5.1 The accountant will perform the engagement with reasonable skill and care and accepts responsibility to the [grant recipient] and to BEIS for losses, damages, costs or expenses (‘losses’) caused by its breach of contract, negligence or wilful default, subject to the following provisions:
Liability Provisions. A. Each party to this Agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither party will be considered the agent of the other and neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement.
Liability Provisions. Sections 12.1 (Exclusion of Certain Liability) and 12.2 (Liability Cap) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The foregoing shall apply accordingly to SurveyMonkey’s liability to the Customer for futile expenses. The Customer and each End User is obliged to take adequate measures to avert and reduce damages."
Liability Provisions. The following provisions apply in the event you believe there has been an unauthorized transfer from your consumer account. Please refer to the applicable account agreement for other important disclosures regarding your rights and responsibilities.
