Exclusion and Limitation of Liability Sample Clauses
Exclusion and Limitation of Liability. 10.1 SUPPLIER DOES NOT EXCLUDE OR LIMIT ITS LIABILITY (IF ANY) TO BUYER FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR SUPPLIER TO EXCLUDE OR LIMIT OR TO ATTEMPT TO EXCLUDE OR LIMIT ITS LIABILITY.
10.2 OTHER THAN ANY LIABILITY OF SUPPLIER ARISING UNDER CLAUSE 10.1, WHICH SHALL NOT BE LIMITED, AND WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THIS CLAUSE 10 (EXCLUSION AND LIMITATION OF LIABILITY), SUPPLIER'S AGGREGATE LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) UNDER EACH CONTRACT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF 115% OF THE AMOUNT PAID BY BUYER TO SUPPLIER UNDER THAT CONTRACT OR $10,000.00.
10.3 EXCEPT AS PROVIDED IN CLAUSE 10.1, SUPPLIER WILL BE UNDER NO LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) TO BUYER WHATSOEVER IN RESPECT OF
10.3.1 ANY CLAIM ARISING OUT OF AN EVENTWHICH IS CAUSED, OR CONTRIBUTED TO, BY THE GOODS AND SUCH EVENT OCCURS AFTER THE COMMENCEMENT OF THE LAUNCH PROCEDURE OF THE VEHICLE CARRYING SUCH GOODS INTO SPACE;
10.3.2 PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF CONTRACTS, LOSS OF GOODWILL, LOSS OF ANTICIPATED EARNINGS OR SAVINGS (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR
10.3.3 LOSS OF USE OR VALUE OR DAMAGE OF ANY DATA OR EQUIPMENT (INCLUDING SOFTWARE), WASTED MANAGEMENT, OPERATION OR OTHER TIME (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR
10.3.4 ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS, IN EACH CASE HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH:
10.3.5 ANY OF THE WORKS, OR THE MANUFACTURE OR SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE WORKS BY SUPPLIER OR ON THE PART OF SUPPLIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORS;
10.3.6 ANY BREACH BY SUPPLIER OF ANY OF THE EXPRESS OR IMPLIED TERMS OF THE CONTRACT;
10.3.7 ANY USE MADE OR RESALE BY BUYER OF ANY OF THE WORKS, OR OF ANY PRODUCT INCORPORATING ANY OF THE WORKS; OR
10.3.8 ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF OF SUPPLIER.
10.4 EXCEPT AS EXPRESSLY SET OUT IN THE CONTRACT, SUPPLIER HEREBY EXCLUDES TO THE FULLEST EXTENT PERMISSIBLE IN LAW, ALL CONDITIONS, WARRANTIES AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THE CONTRACT) OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN FAVOR OF BUYER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10.5 EACH OF SUPPLIER’S EMPLOYEES,...
Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person whether or not authorised;
(e) any Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a Bank or by any other Person or computer terminal;
(h) the exercise by a Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a Bank;
(j) any act o...
Exclusion and Limitation of Liability. The Services are provided to and for the benefit of you as our client, and you alone. Fortune Law accepts liability to you, and you alone. Neither Fortune Law nor any of its employees shall be liable to any other person as a result of you communicating our advice to them. You agree that you will not communicate our advice to any other person without our consent. You agree that you will indemnify us and each of our employees against any liability incurred in any action brought against us and/or any employee of Fortune Law as a result of you communicating our advice to any other person without our consent. We recognise that, if you suffer loss as a result of any act or omission by Fortune Law or any of our employees, we may incur liability to you. Our liability to you arising from our deliberate fraud or reckless disregard of our professional obligations shall not be restricted by any provision in the Agreement nor shall anything in the Agreement exclude our liability to the extent prohibited by law or regulation in the case of a contentious business agreement. With those exceptions, our liability and that of our employees shall be subject to the following:
14.4.1 neither Fortune Law nor any of our employees shall be liable in any circumstances for any loss damage, cost or expense arising from any dishonest, deliberate or reckless misstatement, concealment or other conduct on the part of any other person;
14.4.2 neither Fortune Law nor any of our employees shall be liable for any indirect or consequential loss or damage suffered by you arising from or in connection with the Services;
14.4.3 the aggregate liability of Fortune Law and our employees in any circumstances whatsoever, whether in contract, tort, delict, statute or otherwise, and howsoever caused (including our negligence), for loss or damage arising from or in connection with the Services shall be limited to the sum specified in the Engagement Letter, or, if no sum is specified, a sum equal to the limit of our professional indemnity insurance at the time the claim is notified to us; and
14.4.4 without prejudice to the earlier provisions of this clause, you agree that Fortune Law alone will be responsible for the provision of the Services and that you will not bring any claim in respect of or in connection with the Services (whether in contract, tort, delict, under statute, or otherwise) against any employee of Fortune Law.
Exclusion and Limitation of Liability. (a) You acknowledge that our timely supply of the Gold Bullion depends on availability and other practicalities. You further acknowledge that we shall not be liable to you under any circumstances whatsoever for any Losses directly or indirectly caused by any delay in delivery or any unavailability of Gold Bullion, whether as a result of any third party (including any counterparty pursuant to the Corresponding Purchase Transaction) or otherwise, unless such delay in delivery or unavailability of Gold Bullion arises directly out of our gross negligence, fraud or wilful default.
(b) In the event of settlement of any Losses you suffer, we (including our insurers) shall become subrogated, to the extent of such payment, to all of your rights of recovery against any responsible party respecting such Losses. You undertake to execute and deliver all documents required by us (including our insurers), and to cooperate with and assist our insurers fully in connection with the exercise of such rights, including the maintenance of any legal proceeding in your name. You further undertake that neither you nor your agents shall do anything to prejudice our or our insurers’ rights.
(c) Without prejudice to any provision of these Gold Bullion Terms, we will not be liable to you in respect of any Losses incurred by reason of, arising from or resulting from any loss of or damage to the Gold Bullion once they are delivered to you in accordance with Clause 4.5.
Exclusion and Limitation of Liability. (a) Without prejudice to Clause 31 of the Account Terms, we shall not be liable under any circumstance whatsoever, for any Losses arising from or in connection with any of the following:
(i) indirect, consequential, or special Losses of or damage to the Gold Bullion, including loss of profits, revenue, business opportunity or reputation, business interruption, loss of market, whether or not caused by our fault or neglect and whether or not we had knowledge that such Loss or damage might be incurred;
(ii) any pre-existing defect or nature of the Gold Bullion as we may note and promptly notify you in writing of the same;
(iii) shortage or disappearance or loss from or damage to the Gold Bullion, unless: (aa) resulting from our gross negligence, fraud or wilful default when providing the Gold Bullion Services under these Gold Bullion Terms; or
Exclusion and Limitation of Liability. Save as otherwise expressly provided in this Agreement, neither Party shall in any circumstances whatsoever be liable to the other for any loss of profit, loss of revenue, loss of use, loss of contract or loss of goodwill or any indirect or consequential loss. Any statutory or implied conditions and warranties are excluded. The Sale of Goods Act (Cap. 393) is expressly excluded from application to this Agreement.
Exclusion and Limitation of Liability. 18.1 The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company's reasonable control which could not have been mitigated or avoided by the Company including but not limited to:
18.1.1 loss of or damage to any person’s property (including the boat);
18.1.2 non-fulfilment, interruption or delay to the booking;
18.1.3 breakdowns, mechanical problems, latent defects, damage to the boat;
18.1.4 restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
18.1.5 rationing, shortage or non availability of fuel;
18.1.6 consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.
18.2 The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under this Agreement (other than in respect of claims which cannot be excluded or limited at law, such as claims for death or personal injury) shall be limited in aggregate to the Price actually paid by You to the Company in respect of the Agreement in question.
18.3 Nothing in these Conditions affects Your statutory rights. In the event of a conflict between the Agreement and any consumer protection legislation conferred upon you, such consumer protection legislation shall prevail. In the event of a conflict between these Conditions and the Booking Confirmation, the Booking Confirmation shall prevail.
Exclusion and Limitation of Liability. 10.1 The Bank shall not be held liable for any loss or damage suffered by the Cardmember arising out of the services offered at the SSTs and POS Terminal being unavailable.
10.2 The Bank shall not be held liable for any loss or damage if a wrong Account number is keyed in by the Cardmember in the course of utilizing the services offered at the SSTs and POS Terminal.
10.3 The Bank will not affect any payment order or instruction unless there is sufficient balance in the Cardmember’s Account on the payment order or instruction date and shall not be liable for any loss or damage arising therefore. The Account balance shall exclude unclear cheque(s) or remittances not received. All payment order or instruction will be void if the Cardmember’s Account is closed.
10.4 The Cardmember shall accept full responsibility for all Transactions made by the use of the Card. Transactions via the Card shall be deemed to be cash withdrawal transactions and the Cardmember hereby authorised the Bank to debit his Account for the total amount of the bills incurred by the use of the Card.
10.5 The Cardmember agrees to authorise the Bank to debit the Account, at any time without further notice to the Cardmember, with all fees, charges and commissions imposed on the Card and/or the Transactions and/or under these Terms and Conditions. If such debiting causes the Account to be overdrawn, the Cardmember agrees that the Bank may impose overdrawn interest at such rate the Bank deems fit and appropriate against the overdrawn sum.
Exclusion and Limitation of Liability. The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company's reasonable control which could not have been mitigated or avoided by the Company including but not limited to: • Loss of or damage to any person's property (including the Boat) • Non-fulfilment, interruption or delay to the booking • Breakdowns, mechanical problems, latent defects, damage to the Boat • Restrictions on cruising, obstructions, repairs, damage or closure of waterways, non-availability of routes • Navigational works, storms, floods, droughts, ice, shortage of water or other adverse weather conditions • Rationing, shortage or non availability of fuel • Consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision • The Company's total liability to You and any person claiming through You in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate to twice the Total price actually paid by You to the Company in respect of the Agreement in question
Exclusion and Limitation of Liability. 9.1 Neither Party limits its liability for:
9.1.1 death or personal injury caused by its negligence, or that of its employees, agents, contractors or representatives (as applicable); or
9.1.2 fraud or fraudulent misrepresentation by it or its employees.
9.2 Subject to Clause 9.1, the PCC's total aggregate liability in respect of all claims, losses or damages, whether arising from contract, tort (including negligence) or otherwise under or in connection with this Agreement shall in no event exceed the aggregate of all sums paid by it to the Beneficiary or, if greater, an amount equal to the Funding.
9.3 Subject to Clause 9.1, the PCC shall not be liable to the Beneficiary for:
9.3.1 any indirect, special or consequential loss or damage;
9.3.2 any loss of profits, turnover, data, business opportunities, anticipated savings or damage to goodwill (whether direct or indirect); or
9.3.3 any loss, whether direct or indirect, arising from:
(a) the Beneficiary conducting or undertaking the Project or an individual Funded Service; or
(b) the use of the Funding, its late payment (in whole or in part) or its withdrawal.