ENWORKS’ WARRANTIES AND LIMITS OF LIABILITY Sample Clauses

ENWORKS’ WARRANTIES AND LIMITS OF LIABILITY. 8.1 ENWORKS does not warrant that access to, or the use, of the Efficiency Toolkit will be uninterrupted or error-free. Nor does ENWORKS make any warranty in relation to the accuracy or relevance of the Resulting Materials, which will be solely dependent on the Agency’s input. 8.2 ENWORKS shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Agency’s computer equipment, computer programs, data or other proprietary material due to the Agency’s use of the Efficiency Toolkit. 8.3 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the fullest extent permitted by law, including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality or, fitness for purpose. 8.4 Except as expressly stated in clause 8.5: (a) ENWORKS shall have no liability for any losses or damages which may be suffered by the Agency (or any person claiming under or through the Agency), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: (i) loss of profits; (ii) loss of anticipated savings; (iii) loss of business opportunity; (iv) loss of goodwill; or (v) loss of data; (b) the total liability of ENWORKS, whether in contract, tort (including negligence) or otherwise and whether in connection with this agreement or any collateral contract, shall in no circumstances exceed a sum equal to the Fee; and (c) the Agency agrees that, in entering into this agreement, either it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this agreement or (if it did rely on any representations, whether written or oral, not expressly set out in this agreement) that it shall have no remedy in respect of such representations and (in either case) ENWORKS shall have no liability otherwise than pursuant to the express terms of this agreement. 8.5 The exclusions in clause 8.4 shall apply to the fullest extent permissible at law, but ENWORKS does not exclude liability for death or personal injury caused by the negligence of ENWORKS, its off...