Disclaimer Liability. Notwithstanding anything to the contrary contained in this Agreement, you acknowledge and agree that, as provided by Section 5.5 of the Declaration of Trust of the Fund, the shareholders, trustees, officers, employees and other agents of the Fund shall not personally be bound by or liable hereunder, nor shall any resort to their personal property being had for the satisfaction of any obligation or claim hereunder.
Disclaimer Liability. Attention is drawn to clauses 2 and 14 on page 1 of DSM Terms and Conditions of Business. DSM (GB) Limited w xx.xxx-xx.xx.xx The Old Hangar Tel: 00000 000000 Xxxxx Road, Sibson Fax: 00000 000000 Peterborough Registration No 2943378 PE8 6NE
Disclaimer Liability. While every effort is made to ensure accuracy and completeness, NJSBA will not be responsible for any errors or omissions that may occur. NJSBA does not warrant that the Board’s material is fit for any particular purpose. Furthermore, NJSBA will not be liable for any direct, indirect, or consequential damages, including any loss of data arising out of use or inability to use the Board material.
Disclaimer Liability. Employee agrees to indemnify and hold harmless Employer from any and all claims or liens presently existing against the proceeds hereby by any person, entity or corporation, as well as any attorneys’ fees and cost incurred in representation of Employer in litigation concerning any claims or liens, including, but not limited to, any claims or liens for attorneys’ fees and costs.
Disclaimer Liability. Trimble its employees, its members, their service contractors, agents and building and grounds officials are not responsible for your access to and use of the Conference Platform. Exhibitor and its personnel are solely responsible for ensuring it has sufficient hardware, software and bandwidth to access and use the Commerce Platform (and Virtual Booth if applicable). Trimble will make reasonable efforts to attract the maximum number of attendees to its Conference, but does not guarantee specific volumes or levels of atten- dance. Virtual Booth attendance and traffic to a specific Virtual Booth is a function of the particular exhibit and is not the responsibility of Trimble. NEITHER TRIMBLE NOR THE CONFERENCE PLATFORM SHALL BE LIABLE TO EXHIBITOR OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR DATA, REGARDLESS OF THE LEGAL THEORY ASSERTED OR WHETHER A CLAIM IS BROUGHT IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PROD- UCT LIABILITY OR STRICT LIABILITY) OR OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE LEGAL THEORY ASSERTED OR WHETHER A CLAIM IS BROUGHT IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHER THEORY, IN NO EVENT WILL XXXXXXX’X AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL FEES RECEIVED BY TRIMBLE FROM EXHIBI- TOR.
Disclaimer Liability. INDEMNIFICATION
Disclaimer Liability. THE SYSTEM AND ANY AND ALL CONTENT, INFORMATION, DATA AND OTHER ASPECTS THEREOF, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DIEBOLD DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SYSTEM, AS WELL AS INFORMATION OR RESULTS THAT MAY BE OBTAINED THEREFROM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DIEBOLD NOR ANY SUPPLIER THERETO SHALL BE LIABLE FOR ANY BURGLARY, ROBBERY, LOSS OF FUNDS, LOSS OF PROPERTY, LOSS OF DATA, INTERRUPTION OF BUSINESS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OF ANY TYPE OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO ANY USE OF THE SYSTEM OR ANY INFORMATION, DATA, CONTENT OR RESULTS OBTAINED THEREFROM. As a material consideration for Diebold entering into this Agreement, Participant agrees that notwithstanding the foregoing limitations, if Diebold has any liability whatsoever, such liability shall not exceed a cumulative total of $10,000. Such liability shall be exclusive and shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance by Diebold, of any obligations or duties arising under this Agreement, or from the System, whether arising in contract, tort, strict liability or other form of action. The level of charges by Diebold to Participant reflects this allocation of risk.
Disclaimer Liability. NEITHER PUMPKIN NOR ANY OF ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PUMPKIN PREVENTIVE ESSENTIALS PLAN OFFERED HEREIN, OR ANY RELATED BENEFIT, PRODUCTS OR SERVICES . In no event shall Pumpkin or any of its affiliates be liable for property, special, collateral, incidental, punitive or consequential (including lost profits) damages. Total damages recoverable against Pumpkin or any of its affiliates shall be exclusively limited to the monthly fees actually paid by Customer during the preceding six (6) months. For clarity, Pumpkin and its affiliates shall not be liable for any claims related to the Benefits (including vaccines, products, services or tests); a veterinarian’s practice of veterinary medicine, administration of a vaccine, performance of an exam or test; or otherwise related to any other products or services sold, provided, covered, or refunded hereunder (including, without limitation, product liability or lack of efficacy claims, claims related to failure to detect a condition, or claims related to any adverse events, reactions, or outcomes with respect to the Pet, any other animals, or any humans). Dispute Resolution—Arbitration Agreement
Disclaimer Liability. NEITHER PUMPKIN NOR ANY OF ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PUMPKIN PREVENTIVE ESSENTIALS PLAN OFFERED HEREIN, OR ANY RELATED PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO ANY VACCINE, DOG OR PUPPY WELLNESS OFFICE VISIT, WELLNESS FECAL TEST OR WELLNESS VECTOR BORNE TEST FOR WHICH REIMBURSEMENT WAS PROVIDED). In no event shall Pumpkin or any of its affiliates be liable for property, special, collateral, incidental, punitive or consequential (including lost profits) damages. Total damages recoverable against Pumpkin or any of its affiliates shall be exclusively limited to the monthly fees actually paid by Customer during the preceding six (6) months. For clarity, Pumpkin and its affiliates shall not be liable for any claims related to the vaccines, Dog or Puppy Wellness Office Visit, Wellness Fecal Test, and/or Wellness Vector Borne Test; a veterinarian’s practice of veterinary medicine, administration of a vaccine, performance of an exam or test; or otherwise related to any other products or services sold, provided, covered, or reimbursed hereunder (including, without limitation, product liability or lack of efficacy claims, claims related to failure to detect a condition, or claims related to any adverse events, reactions, or outcomes with respect to the Dog, Puppy, any other animals, or any humans).
Disclaimer Liability. While every effort is made to ensure accuracy and completeness, neither AASB nor the District shall be liable to each other for any omissions that may occur, errors in judgment or mistake of law or for any loss suffered by either party in connection with the matters, to which this Agreement relates, except a loss resulting from bad faith or negligence on either party's part in the performance of their duties under this Agreement. AASB does not warrant that the Board's policies or other materials are fit for any particular purpose. Furthermore, AASB will not be liable for any direct, indirect, or consequential damages, including any loss of data arising out of use or inability to use the Board's policies or other materials.
