Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
Exclusion and Limitation. UNDER NO CIRCUMSTANCES SHALL ADC OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CUSTOMER'S CLAIMS OR THOSE OF ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY WHICH ADC OR ITS LICENSORS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC ITEM THAT DIRECTLY CAUSED THE DAMAGE. THIS SECTION SHALL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATION.
Exclusion and Limitation. 1. The Seller shall not be liable to the Buyer for indirect or consequential loss (including loss of profits) sustained by the Buyer following breach of contract by the Seller except in case of wilful misconduct by Seller itself.
Exclusion and Limitation. Notwithstanding anything to the contrary herein, the performance standards described in this Schedule “A” shall not apply to defects, Incidents, non-standard ERP configurations, unavailability of Subscription Services, incapacity to use Subscription Services as planned or other situations which do result, in whole or in part, from Client or Authorized Users or Third Party negligent acts or faults or omissions (the “Excluded Events”). Should the Parties fail to agree on the cause of the Incident or unavailability of Subscription Services, and more precisely, should they fail to agree as to whether the remedial actions fall within the specifications imposed upon Nakisa, they shall rapidly agree on the terms and conditions of a Subscription Services Agreement, including the applicable fees that would have to be paid by Client should the case be determined as falling in Excluded Events category, and settle any dispute after the remedial measures will have been taken. Except as expressly provided in the Agreement, neither Nakisa nor its subcontractors make any representation or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement or results to be derived from the use of or integration with any products or services provided under the Agreement, or that the operation of any products or services will be secure, uninterrupted or error free. Client agrees that it is not relying on delivery of future functionality, public comments or advertising of Nakisa or product roadmaps in obtaining subscriptions for any Subscription Services. **************************************************** END OF SUPPORT AND MAINTENANCE SERVICES SCHEDULE SUBSCRIPTION SERVICES AGREEMENT SCHEDULE “B” SALES PROPOSAL SUBSCRIPTION SERVICES AGREEMENT SCHEDULE “C” CLIENT REGISTRATION FORM Legal Name of Corporation Address
Exclusion and Limitation. 8.1 WEX gives no warranty, express or implied, in relation to any Goods supplied to Customer other than relating to the title of the Goods supplied. WEX shall not be liable for any loss or damage suffered by Customer or the Cardholder in connection with any Goods save to the extent that such liability cannot by law be limited or excluded. WEX shall not be liable for any failure of Retailer to process Cards or for any refusal by Retailer to accept Cards. The sale of Goods by Retailers takes place under the exclusive responsibility of such Retailers and Customer must lodge any claim relating to the sale of Goods directly with such Retailers.
Exclusion and Limitation. 8.1 WEX gives no warranty, express or implied, in relation to any Goods or Services supplied to the Customer. WEX shall not be liable for any loss or damage suffered by the Customer and/or the Cardholder in connection with any Goods and Services save to the extent that such liability cannot by law be limited or excluded. WEX shall not be liable for any failure of Network Partners to process Cards or for any refusal by Network Partner to accept Cards. The sale of Goods and Services by Network Partners takes place under the exclusive responsibility of such Network Partner and the Customer must lodge any claim relating to the sale of Goods and Services directly with such Network Partners.
Exclusion and Limitation. 1. Unless the Buyer deals as a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977 then all warranties, terms or conditions which provide that the Goods will match any particular description, fitness for purpose or quality, whether implied by common law or statute shall be excluded from this contract.
Exclusion and Limitation. 10.1 The Publisher hereby confirms that it is not entering into this Agreement in reliance on any warranty or representation given by Onvoir, except as expressly set out herein.
Exclusion and Limitation. Said conveyance limited to a depth of one hundred feet (100’) below the deepest producing perforation in the well or xxxxx drilled hereunder. Notwithstanding anything in this agreement to the contrary, it is expressly understood and agreed that this agreement shall not cover, and we shall not be deemed to have conveyed, or have any obligation to convey (i) any well located within the Farmout Area that is producing or capable of producing oil and/or gas, including all personal property associated with, or used in connection with any such well, including, but not limited to, casing, tubing, surface equipment, tanks, pipelines, compressors and all other associated personal property, (ii) any rights to production from any such well, and (iii) any interest in the Leases to which production from any such well is attributed. The above acreage number is recited for descriptive purposes only. We have not conducted a survey or a title examination and in no way warrant the number of acres shown, nor our title to the Leases. This farmout is intended to commit only the rights as specifically described in this agreement, and it is understood that we do not commit any properties, rights, installations, plants or appurtenances of any nature except as expressly set forth in this agreement. It is expressly understood and agreed that you shall tender, as additional consideration, to the attention of Xx. Xxxxx Xxxxxx, Land Technician/Accounting, Exxon Mobil Corporation, X.X. Xxx 0000, Xxxxxxx, Xxxxx 00000-0000, a cash payment of $30,000 on or before 10 days from the date on the first page of this agreement. Your failure to timely and properly tender such payment, shall, at our option, render this agreement null and void. It is understood and agreed that this additional consideration shall not be refundable for any reason, including, but not limited to the failure of title as to any interest conveyed under or covered by this agreement. This agreement is subject to the following numbered paragraphs (sometimes referred to as provisions) which shall govern and determine the rights and obligations of the parties and the conduct of your operations, including without [imitation, as to all xxxxx drilled hereunder, the interests which may be earned by such xxxxx, and any subsequent well or xxxxx which may be drilled under the terms of this agreement or which may be drilled on the Farmout Area after a conveyance (either an assignment of leases, a lease of mineral fee, or both) has been...
Exclusion and Limitation. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE PARTIES AGREE AND ACKNOWLEDGE THAT SWARM64’S AGGREGATE LIABILITY TO LICENSEE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED $500 (OR, IF GREATER, THE ACTUAL FEES PAID BY LICENSEE FOR THE SOFTWARE), AND IN NO EVENT WILL SWARM64 BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF BUSINESS OR REVENUE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT FORESEEABLE.
