Exceptions to Limitation of Liability. Notwithstanding any other provision of this Agreement, neither Party’s liability under or in connection with this Agreement shall be excluded or reduced for death or personal injury arising from its negligence or breach of duty or any other liability that cannot be excluded at law.
Exceptions to Limitation of Liability. The exclusions and limitations of section 10.1 above do not apply to:
Exceptions to Limitation of Liability. Nothing in the Agreement shall exclude or in any way limit any person's liability to you for (i) fraud, (ii) death or personal injury caused by its negligence, (iii) gross negligence or (iv) any liability that may not be excluded or limited pursuant to any law or regulation.
Exceptions to Limitation of Liability. Nothing in Clause 12 of the General Terms of Use Schedule or otherwise in the Agreement shall exclude or in any way limit any person's liability to you for (i) fraud, (ii) death or personal injury caused by its negligence (including negligence as defined in s. 1 Unfair Contract Terms Act 1977), (iii) breach of terms regarding title implied by s. 12 Sale of Goods Xxx 0000 and/or s. 2 Supply of Goods and Services Xxx 0000, (iv) gross negligence or (iv) any liability to the extent the same may not be excluded or limited as a matter of law or regulation, including, but not limited to, certain provisions of the Payment Services Regulations 2017 that are not expressly disapplied by the Agreement.
Exceptions to Limitation of Liability. 13.3.1 The limitations of liability in Sections 13.1 and 13.2 shall not apply to (i) a Party’s indemnification obligations under the Agreement, (ii) a breach by a Party of Section 8, Section 9 or Section 11.3.1(l) of this Agreement or Section 2 of Exhibit LI, or (iii) claims relating to willful misconduct, gross negligence, personal injury or damage to property.
Exceptions to Limitation of Liability. (i) The limitation on the types and amounts of damages set forth in Section 18.1 shall not apply with respect to Losses covered under the Party’s indemnification obligations pursuant to Section 19.1(a).
Exceptions to Limitation of Liability. Except as provided below, the limitation on the types and amounts of damages set forth in Section 19.1(a) – (f) (inclusive) shall not apply with respect to:
Exceptions to Limitation of Liability. 48 EXHIBITS AND SCHEDULES DOCUMENT DESCRIPTION Exhibit 4.1 SERVICES: Section I: Customer Services Section II: Technology Services Marketing Support Services Exhibit 4.1.1 Service Performance Standards Exhibit 4.2 Application Development Services Exhibit 4.2.1 Amendment for Additional Services Exhibit 4.2.2 Project Change Request Procedures Exhibit 4.3 Service Centers Exhibit 4.4 Security Procedures Exhibit 5.7 Employees Authorized to Draw on Premium Account Exhibit 5.8 Employees Authorized to Draw on Claims Account Exhibit 5.20 Audit Rights Undertaking Exhibit 9.1 Data Back Up Procedures Exhibit 10.1 Business Resumption Plan Exhibit 11.1 Services Fees Schedule A Customers Schedule B Customer Software Schedule C Knowledge of Customer Schedule D Policies Schedule E TPA Software Schedule F Compliance with Law Schedule INSURANCE ADMINISTRATIVE SERVICES AGREEMENT This INSURANCE ADMINISTRATIVE SERVICES AGREEMENT (the "Agreement") is made as of the 31st day of December, 2004 (the "Effective Date") by and among LIBERTY LIFE INSURANCE COMPANY, a South Carolina domiciled insurer with its principal offices located at 2000 Wade Hampton Bxxxxxxxx, Xxxxxxxxxx, South Carolina 29615 ("Liberty") and its affiliates identified on Schedule A attached hereto (each of Liberty and such Affiliates, a "Customer" and collectively, "Customers"), and LIBERTY INSURANCE SERVICES CORPORATION, a South Carolina corporation with offices located at 2000 Wade Hampton Bxxxxxxxx, Xxxxxxxxxx, South Carolina 29615 ("TPA").
Exceptions to Limitation of Liability. Section 19.1 shall not apply to any of the Parties to the extent that any liability under this Agreement resulted from (1) a Party's failure to pay amounts owed for Services rendered in accordance with this Agreement or any applicable Termination Charges or (2) a breach of Article 13 herein. In addition, nothing in this Article 19 will be construed as limiting a Party's obligations of indemnification under Article 17, which will instead be subject to the limitations set forth therein. [Next page is a signature page.]
Exceptions to Limitation of Liability. Nothing in Clause 12 of the General Terms of Use Schedule or otherwise in the Agreement shall exclude or in any way limit any person's liability to you for (i) fraud, (ii) death or personal injury caused by its negligence.
