Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this provision or this Agreement shall restrict or limit a Party’s right to recover liquidated damages as set forth in these Terms & Policies.
Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Loans, Swingline Loans or Letters of Credit or the use of any proceeds thereof; provided that, nothing in this Section 11.21 shall relieve the Borrower of any obligation it may have pursuant to Section 11.11 to indemnify an Indemnified Person against special, indirect, consequential or punitive damages asserted against such Indemnified Person by a third party.
Damage Waiver. To the extent permitted by applicable law, Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the other Loan Documents, the Commitment and Advances, or the use of the proceeds thereof.
Damage Waiver. The Damage Waiver referred to in the Quote will be automatically charged to you daily or monthly, as applicable, unless you provide your NZBN and a Certificate of Currency in accordance with clause 7(b) and we, acting responsibly, approve such insurance. The Damage Waiver is not insurance and does not cover Equipment that is lost, stolen, destroyed or not returned to us. Your payment of the Damage Waiver relieves you of liability for the first $150 excluding GST in repair costs of each item of Equipment when the Equipment is returned from hire.
Damage Waiver. All Equipment has been inspected upon delivery and Lessee acknowledges and warrants that all Equipment was received in good and working order. Xxxxxx agrees to pay for any and all damages on account of lost, damaged or stolen equipment and/or loss caused by Xxxxxx’s accident, misuse or neglect. Should the Equipment listed on this Rental Contract malfunction for any reason and at no fault of Lessee, Encore will only be responsible for the repair of listed Equipment but WILL NOT be held responsible for any damages or loss caused as a result of the Equipment malfunctioning.
Damage Waiver. Lessee hereby expressly waives all claims of whatever nature for any or all loss or damage sustained by reason of any defect, deficiency, failure or impairment of any services to or in the Premises, including but not limited to the water supply system, heating system, wires leading to or inside the Premises, gas or electric or telephone which may occur from time to time from any cause. Lessee hereby expressly releases and discharges Paramount, its officers, agents, and employees from all demands, claims, judgments and causes of action arising from any matter mentioned above in this Article.
Damage Waiver. We require a $35 non-refundable Security Deposit Waiver Fee for all reservations in lieu of an additional Damage Deposit. This privilege is offered to you as our way of saying “Thank You” for your business. The Waiver covers all minor accidental damage or breakage up to $500. Coverage does not cover extraordinary cleaning charges, damage resulting from negligence or willful or wanton conduct. Guests must notify the Resort Manager at once of any damage during occupancy and submit a written report or the Damage Waiver is void. For reservations for which the Rental Amount is over $2500 weekly, an additional refundable Security Deposit may be required.
Damage Waiver. BASE COMMERCE will not be liable to Merchant for any special, consequential, indirect or punitive damages whether or not: (1) any claim for these damages is based on tort or contract law, or (2) either party knew or should have known the likelihood of these damages in any situation. BASE COMMERCE makes no representations or warranties other than those expressly made in this Agreement.
Damage Waiver. 9.1. The Hirer hires the equipment at the Hirer’s own risk and indemnifies the Owner against any and all loss in respect of any loss of or damage to the equipment including any consequential loss unless the Hirer pays for the damage waiver, subject to this clause 9.
Damage Waiver. You will receive the benefit of Hippie Camper’s insurance with its insurer in respect of damage to the Vehicle or damage to any third party property other than any property owned by You (or any friend, relative, associate or passenger) or any property in your physical or legal control provided You:
