Additional Limitation of Liability Sample Clauses

Additional Limitation of Liability. The parties hereto are expressly put on notice that a Certificate of Trust, referring to the Trust’s Agreement and Declaration of Trust (the “Certificate”), is on file with the Secretary of the State of Delaware. The Certificate was executed by a trustee of the Trust on behalf of the Trust as trustee, and not individually, and, as provided in the Trust’s Agreement and Declaration of Trust, the obligations of the Trust are not binding on the Trust’s trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust, or the particular series in question, as the case may be. Further, the liabilities and obligations of any series of the Trust shall be enforceable only against the assets belonging to such series, and not against the assets of any other series.
Additional Limitation of Liability. The undersigned director of the Fund has executed this Agreement not individually, but as a director under the Fund’s Amended and Restated Memorandum and Articles of Association, and the obligations of this Agreement are not binding upon any of the directors, officers or shareholders of the Fund individually. Subject to the Advisor’s rights under the Registered Fund Advisory Agreement, the Advisor agrees that for services rendered to the Fund, or for any claim by it in connection with services rendered to the Fund, it shall look only to assets of the Fund for satisfaction.
Additional Limitation of Liability. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS OR EXAMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. [SIGNATURE PAGEASSET PURCHASE AGREEMENT DATED AS OF AUGUST 1, 2008 BY AND BETWEEN ITEX CORPORATION AND THE INTAGIO GROUP, INC.]
Additional Limitation of Liability. Although Check Block is intended to prevent any check from posting to a designated Account, Bank does not waive any defense or subrogation arising under the Uniform Commercial Code or common law if a check is paid. Bank shall have no liability if a check: (i) was written or issued by you, an employee or agent who is otherwise authorized by you to make transfers, payments or withdrawals from the designated Account; (ii) was written or issued through the misconduct of your own employee or agent; (iii) discharged or was applied to a bona fide obligation of you; or (iv) is held by us with the rights of a holder in due course (which right shall not be denied on the basis of our knowledge that you are enrolled in Check Block). We retain all defenses based on your own negligence contributing to the creation, alternation or payment of an unauthorized item.
Additional Limitation of Liability. In no event, regardless of cause, shall Seller assume responsibility or be liable for: (a) to the extent permitted by law, indemnification of user or others for costs, damages, or expenses each arising out of or related to the parts or services provided, or (b) certification, unless otherwise specifically provided for in writing by Seller.
Additional Limitation of Liability. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS OR EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Additional Limitation of Liability. Subject to the above, you agree that Enagic’s total liability for any claims or damages arising from these Terms shall not exceed the aggregate amount paid by you for the purchase of the merchandise plus the cost of shipping the merchandise to your address. This limitation of liability applies in addition to the exclusions and limitations of liability set forth elsewhere in these Terms.
Additional Limitation of Liability. Notwithstanding anything to the contrary contained in this Agreement or any schedule, addendum, confirmation or other document issued or delivered in connection with any transactions entered into under his agreement, any amounts owed or liabilities incurred by Party B, in respect of any transaction entered into under this Agreement, may be satisfied solely from the assets of Party B. Without limiting the generality of the foregoing, in no event shall Party A or any of its affiliates have recourse, whether by setoff or otherwise, with respect to any such amounts owed or liabilities incurred, to or against (a) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the investment managers of Party B) other than Party B, (b) any assets of any affiliate of Party B, or (c) any assets of the investment managers of Party B or any affiliate of such investment managers.
Additional Limitation of Liability. The Authorized Participant agrees to look solely to the assets of the Fund. The Authorized Participant acknowledges and agrees that liability of the Fund, as a series of the Trust, is limited pursuant to Section 3804(a) of the Delaware Statutory Trust Act, such that (a) the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Fund shall be enforceable against the assets of the Fund only, and not against the assets of the Trust generally or the assets of any other series of the Trust, and (b) none of the debts, liabilities, obligations and expenses incurred, contracted for, or otherwise existing with respect to the Trust generally and any other series of the Trust shall be enforceable against the assets of the Fund.
Additional Limitation of Liability. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 11 OF THE OF THE SMARSH SERVICE AGREEMENTGENERAL TERMS, SMARSH EXPRESSLY DISCLAIMS LIABILITY FOR (A) CHANGES OR MODIFICATIONS MADE TO CAPTURE SERVER PRODUCTS BY ANYONE OTHER THAN SMARSH; OR (B) ANY CHANGES, MODIFICATIONS, COMBINATIONS WITH OTHER SOFTWARE APPLICATIONS OR EQUIPMENT, CONDITIONS, OR ISSUES ON, OR ARISING FROM, CLIENT’S SYSTEMS, SERVERS, OR NETWORKS, OR THE INTERNET, THAT AFFECT THE USE OR OPERATION OF CAPTURE SERVER. EXHIBIT B INFORMATION SECURITY Overview Smarsh will implement a written information security program that maintains administrative, technical, and physical safeguards, designed to: • ensure the security and confidentiality of all Client Confidential Information that is processed, stored, or controlled by Smarsh; • protect against anticipated threats or hazards to the security or integrity of such Confidential Information; • prevent unauthorized access to or use of such Confidential Information; and • ensure the secure disposal of such Confidential Information in compliance with applicable National Institute of Standards and Technology (NIST) standards. In Process Smarsh will use reasonable efforts to ensure its written information security program and administrative, technical, and physical safeguards align with accepted industry practices [such as applicable security standards published by International Organization for Standardization (ISO) or NIST], and comply with applicable data protection and privacy laws, as well as the terms and conditions of the Agreement, including those contained in this Exhibit X. Xxxxxx will designate a security manager to oversee its information security program and ensure its compliance with this Exhibit B.