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DISCLAIMER AND LIMITATIONS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UNDER THIS AGREEMENT, INCLUDING THE FACILITY AND INSTRUMENTS, ARE UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, OR UTILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR ANYTHING PROVIDED BY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL WU OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER AND LIMITATIONS. EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SECURITY. EXCEPT FOR EACH PARTY’S LIABILITY ARISING OUT OF ITS INDEMNIFICATION, PAYMENT AND CONFIDENTIALITY OBLIGATIONS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LIABILITY FOR ALL CLAIMS ARISING HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER TO AKAMAI UNDER THE APPLICABLE TRANSACTION DOCUMENT DURING THE SIX MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICES OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
DISCLAIMER AND LIMITATIONS. Solutions make every attempt to ensure that the information contained in its service is accurate and reliable; however, errors sometimes occur. Solutions does not guarantee the accuracy of the information contained in this service and instructs you to independently verify the accuracy of the information provided. In addition, So- lutions may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED “AS IS.” LS365-LIFESTYLE SOLUTIONS, ITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE CLIENT’S USE OF LS365-LIFESTYLE SOLUTIONS SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT’S USE OF ALL SOLUTIONS INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH LS365-LIFESTYLE SOLUTIONS AND/OR ITS WEBSITES IS AT THE CLIENT’S OWN RISK. LS365-LIFESTYLE SOLUTIONS AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPE- CIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY INCLUDING DEATH ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF LS365-LIFESTYLE SOLUTIOINS’S SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RE- GARDLESS OF WHETHER OR NOT THE CLIENT KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT, IF THE CLIENT RESIDES IN SUCH A JURISDICTION.
DISCLAIMER AND LIMITATIONS. 8.1 EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, CONTRACTUAL, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SECURITY.
DISCLAIMER AND LIMITATIONS a. Data Recipient acknowledges and agrees that:
DISCLAIMER AND LIMITATIONS. Buyer acknowledges that Broker is being retained solely as a real estate agent, and has been advised to seek professional advice for legal, tax, appraisal, home inspection, surveying, engineering and other matters. Buyer acknowledges that the Broker may represent other Buyers and that other potential Buyers may consider, make offers on, or purchase properties through Broker. Buyer consents to Xxxxxx’s representation of other Buyers before, during, and after the expiration of this Agreement. Upon receipt by Xxxxxx of a ratified contract to purchase Property pursuant to this Buyer Agency Agreement, Xxxxxx shall have no further obligation hereunder to procure any subsequent Properties for Buyer. Xxxxx agrees that Xxxxxx may perform ministerial acts for the Seller. A ministerial act is a routine act that does not involve discretion or the exercise of the Broker’s own judgment. Xxxxx acknowledges the possibility that Seller or Seller’s representatives may not treat the existence, terms or conditions of the Buyer’s offer as confidential information.
DISCLAIMER AND LIMITATIONS. 19.1 The Website and/or the mobile application (including without limitation all data, information, content or other matter thereby made available) are provided on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all representations, conditions and warranties of any kind, express or implied, in relation to the Website, the mobile application, any vouchers purchased through our electronic platforms which are not issued by us, and any products and services provided by Retailers, including without limitation, all implied conditions and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement.
DISCLAIMER AND LIMITATIONS. 11.1 THE WARRANTIES SET FORTH IN SECTION 10 ARE IN LIEU OF ALL OTHER WARRANTIES, AND SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY Fle103/HydroFlow Agreement (v2) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER AND LIMITATIONS. The non-federal participants to this Agreement entered into this Agreement voluntarily in order to protect the subject species and preclude the uncertainty to themselves, their lessees, and constituents that might result from a listing. The non-federal participants do not agree with the USFWS analysis regarding the type and magnitude of the threats to the species identified in the Proposed Rule. Despite our disagreement with the USFWS conclusions in the Proposed Rule, we are still committed to implementing conservation measures for both species as set forth in, and subject to the terms of, this Agreement. The non-federal participants reserve the right to take any action deemed advisable by them in challenging any listing decision or defending a decision by USFWS to not list either species, and nothing in this Agreement, or the fact of this Agreement, shall be deemed an admission by any party that any basis exists for listing either species. In the event that there is a listing of either species, whether through the current USFWS listing process or any renewed process directed by any judicial action, all obligations imposed and commitments made under this Agreement will immediately become null and void to ensure for the non- federal parties that a single regulatory framework will remain operative in the potential scenario where either species is listed such that the parties are not bound to both the commitments in this agreement and the potentially additive requirements of the ESA. In the event this Agreement is nullified, the non-federal participants may take any actions and permit any activities on lands within their jurisdiction otherwise allowed by law.
