Exceptions to Liability Sample Clauses

Exceptions to Liability. We will not be liable, for instance (i) If, through no fault of ours, you do not have enough money in the form of collected funds in your Account to make a transfer or whether due to inadvertence, error caused by similarity of accountholder names or any other mistake as long as we acted in good faith (including lost savings or profit, lost date, business interruption, or attorneys’ fees); (ii) If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account, or a legal order directs us to prohibit withdrawals from your Account; (iii) Your Account is closed or frozen; (iv) The transfer would cause your balance to go over the limit for any applicable credit arrangement including those to cover overdrafts; (v) You, or anyone you allow or acting on your behalf, commits any fraud or violates any applicable law or regulation; (vi) Your equipment or internet access was not working properly; (vii) Your internet service is interrupted (e.g., due to traffic or other disruptions); (viii) You have not properly followed the instructions for using the Online Service or Mobile Service; (ix) The transfer could not be made or completed due to system unavailability; (x) if circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood, or weather conditions requiring us to close) prevent the transfer, despite reasonable precautions that we have taken; (xi) if you have not provided us with complete and correct payment information, including without limitation, the name, address, account number and payment amount for the recipient of a wire transfer; (xii) we close our facilities early (such as closing early immediately prior to the start of a holiday); or (xiii) any other exceptions stated in any of our agreements with you. To the extent permitted by applicable law, we will not be responsible for any error, damage or other loss caused by any service provider.
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Exceptions to Liability. Notwithstanding any contrary provision contained herein, (a) Railroad shall not have any liability whatsoever for any death of or injury to persons or damage to or loss of property arising from or resulting in connection with any train derailment, and Pathnet hereby releases Railroad and its Affiliates from any and all claims, liabilities, losses, damages, causes of action, costs and expenses (including reasonable attorneys' fees and costs) arising from or resulting in connection with any train operation, accident or derailment, irrespective of the negligence, gross negligence or willful misconduct of Railroad, and (b) Pathnet shall have no liability relating to any Conduits (Innerducts) installed for or capacity sold or made available to Railroad pursuant to the License Agreement; provided, however, that (x) any such Conduits (Innerducts) shall be of equal or greater quality as Pathnet's own Conduits (Innerducts), and (y) Pathnet shall grant the same remedies to Railroad with respect to such capacity as Pathnet grants to its customers in the ordinary course of its business (e.g., outage credits, it being understood that Pathnet shall not be obligated to make any monetary payments as a remedy in connection with such capacity), which Railroad acknowledges may not provide it with any incremental benefit.
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Exceptions to Liability. Notwithstanding anything contained in this Agreement to the contrary, NDC shall not be liable for any loss or damage to the Products: (i) occurring prior to or subsequent to NDC’s care, custody and control of the Products (which shall commence when NDC accepts receipt of such Products and shall terminate when such Products are placed with a carrier for shipment); (ii) attributable to or otherwise caused by NDC’s performance of Services specifically instructed by Customer’s authorized representatives; (iii) that is within the Shrinkage Allowance set forth in Section 5.3; (iv) attributable to or otherwise caused by any defects in the manufacturing or packaging or inherent vice of Products; (v) attributable to or otherwise caused by the acts or omissions of transportation service providers; (vi) attributable to concealed damage; or (vii) attributable to or otherwise caused by the negligence or intentional misconduct of Customer or any of its employees, agents or subcontractors.
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Exceptions to Liability. Notwithstanding any contrary provision contained herein, (a) Railroad shall not have any liability whatsoever for any death of or injury to persons or damage to or loss of property arising from or resulting in connection with any train derailment, and Pathnet hereby releases Railroad and its Affiliates from any and all claims, liabilities, losses, damages, causes of action, costs and expenses (including reasonable attorneys' fees and costs) arising from or resulting in connection with any train operation, accident or derailment, irrespective of the negligence, gross negligence or willful misconduct of Railroad, and (b) Pathnet shall have no liability relating to any Conduits (Innerducts) installed for [* * *] to Railroad pursuant to the License Agreement; provided, however, that (x) any such Conduits (Innerducts) shall be of equal or greater quality as Pathnet's own Conduits (Innerducts), and (y) [ * * * ] which Railroad acknowledges [* * *].
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Exceptions to Liability. Liability exclusions do not apply to death or injury due to negligence, fraud, or statutory non-exclusionary liability.
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Related to Exceptions to Liability

  • Exceptions to Right of Indemnification Notwithstanding anything to the contrary in this Agreement, except as set forth in Paragraph 10, the Corporation shall not indemnify the Indemnitee in connection with a Proceeding (or part thereof) initiated by the Indemnitee unless the initiation thereof was approved by the Board of Directors of the Corporation. Notwithstanding anything to the contrary in this Agreement, the Corporation shall not indemnify the Indemnitee to the extent the Indemnitee is reimbursed from the proceeds of insurance, and in the event the Corporation makes any indemnification payments to the Indemnitee and the Indemnitee is subsequently reimbursed from the proceeds of insurance, the Indemnitee shall promptly refund such indemnification payments to the Corporation to the extent of such insurance reimbursement.

  • Conditions to Obligations of Parent and Sub The obligations of Parent and Sub to effect the Merger are further subject to the satisfaction or waiver on or prior to the Closing Date of the following conditions:

  • Certain Liabilities Except as disclosed on Schedule 4.10, to such Credit Parties’ knowledge, none of the present or previously owned or operated Property of any such Credit Party or of any Subsidiary thereof, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by any Credit Party, wherever located, which could reasonably be expected to cause a Material Adverse Change; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third party site any condition that has resulted in or could reasonably be expected to result in the need for Response that could cause a Material Adverse Change.

  • Conditions to Obligation of Sellers The obligation of Sellers to consummate the transactions to be performed by them in connection with the Closing is subject to satisfaction of the following conditions:

  • Conditions to Obligations of the Company The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:

  • Conditions to Obligation of the Company The obligation of the Company to effect the Merger is also subject to the satisfaction or waiver by the Company at or prior to the Effective Time of the following conditions:

  • Conditions to Obligations of Company The obligation of Company to effect the Merger is also subject to the satisfaction or waiver by Company at or prior to the Effective Time of the following conditions:

  • Conditions to Obligations OF EACH PARTY TO EFFECT THE MERGER. The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of the following conditions:

  • Exceptions to Indemnification Notwithstanding anything to the contrary contained herein, the Issuer’s obligations under Section 4(a) (Indemnification of Protected Persons) and Section 4(b) (Reimbursement of Expenses) shall not apply to any actions, suits or proceedings in which one or more officers, directors, partners, members or employees of the Administrator are making claims against the Administrator or one or more other officers, directors, partners, members or employees of the Administrator.

  • Conditions to Obligations of Sellers The obligations of Sellers to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or Sellers’ waiver, at or prior to the Closing, of each of the following conditions:

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