Further Liability. Upon the expiration of the Term of this Ground Lease, neither party shall have any further obligation or liability to the other except as otherwise provided in this Ground Lease and except for (a) such obligations as by their nature or under the circumstances can only be, or by the provisions of this Ground Lease may be, performed after such expiration, and (b) any liability for Rent, and (c) any liability for acts or negligent omissions occurring during the Term, and (d) any obligation or liability under Articles IX, all of which shall survive such expiration.
Further Liability. The obligations of the Company and each of the Guarantors under this Section 6 shall be in addition to any liability which the Company or any of the Guarantors may otherwise have and shall extend, upon the same terms and conditions, to each officer, director and partner of each holder, agent and underwriter and each person, if any, who controls any holder, agent or underwriter within the meaning of the Securities Act; and the obligations of the holders and any agents or underwriters contemplated by this Section 6 shall be in addition to any liability which the respective holder, agent or underwriter may otherwise have and shall extend, upon the same terms and conditions, to each officer and director of the Company or any of the Guarantors (including any person who, with his consent, is named in any registration statement as about to become a director of the Company or any of the Guarantors) and to each person, if any, who controls the Company within the meaning of the Securities Act.
Further Liability. If this Agreement is terminated for any reason, none of the parties hereto shall have any further liability hereunder of any nature whatsoever to the other parties; provided, however, that, notwithstanding the foregoing, (i) this Section 4.4(b) shall not preclude liability from attaching to a party who has caused the termination hereof by a willful act or a willful failure to act in violation of the terms and provisions hereof, and (ii) termination of this Agreement shall not terminate or affect the agreements of the parties contained in Section 2.7 (No Broker's or Finder's Fees), Section 3.6 (Publicity), Article V (Termination Obligations) and Section 7.2 (Confidentiality) hereof, the provisions of all of which shall survive any termination of this Agreement; provided, however, that any aggrieved party, without terminating this Agreement, shall be entitled to specifically enforce the terms hereof against the breaching party or parties in order to cause the Merger to be consummated. Each party hereto acknowledges that there is not an adequate remedy at law to compensate the other parties with respect to relating to the non-consummation of the Merger. To this end, each party, to the extent permitted by law, irrevocably waives any defense it might have based on the adequacy of a remedy at law that might be asserted as a bar to specific performance, injunctive relief or other equitable relief.
Further Liability. Unless expressly stipulated in these conditions, all further contractual or legal claims against us, especially claims for compensation including compensation for indirect or consequential damages are excluded. We are liable, however, for gross negligence, but only for typical damages re- sulting therefore, or in other cases of strict legal liability.
Further Liability. 10.1 Unless otherwise specified in these general terms and conditions, including the following provisions, Xxxxx is liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions.
Further Liability. If this Agreement shall be terminated by a Remarketing Agent or Reset Agent pursuant to Section 9(a), the Company shall then be under no liability to such Remarketing Agent or Reset Agent except as provided in Sections 1, 4, 6 and 9 hereof; but, if for any other reason, any Notes are not remarketed by or on behalf of the Company as provided herein, the Company will reimburse the Remarketing Agents and Reset Agents for all out-of-pocket expenses, including fees and disbursements of counsel, reasonably incurred by the Remarketing Agents and Reset Agents in making preparations for the Remarketing of the Notes not so remarketed, but the Company shall then be under no further liability to the Remarketing Agents and Reset Agents in respect of the Notes not so remarketed except as provided in Sections 1, 4, 6 and 9 hereof.
Further Liability. In no event or way will Xxxxxxx County, its Commissioners, officers, directors, or County Representatives be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including, but not limited to, personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the services and/or the equipment installed and/or serviced under this Agreement. The limitations set forth herein apply to claims founded in all areas, including, but not limited, to breach of contract, breach of warranty, and product liability, and apply whether or not Xxxxxxx County was informed of the likelihood of any particular type of damages.
Further Liability. If this Agreement shall be terminated by a Remarketing Agent or Reset Agent pursuant to Section 10(a), the M&I Parties shall then be under no liability to such Remarketing Agent or Reset Agent except as provided in Sections 4, 7 and 10 hereof; but, if this Agreement is terminated by a Remarketing Agent or a Reset Agent because of any failure or refusal on the part of one of the M&I Parties to comply with the terms or to fulfill any of the conditions of this Agreement, the M&I Parties will reimburse such Remarketing Agent or Reset Agent for all out-of-pocket expenses, including fees and disbursements of counsel, reasonably incurred by such Remarketing Agent or Reset Agent in making preparations for the Remarketing of the STACKS not so remarketed, but the M&I Parties shall then be under no further liability to such Remarketing Agent or Reset Agent in respect of the STACKS not so remarketed except as provided in Sections 4, 7 and 10 hereof.
Further Liability irrespective of the legal grounds – is excluded, in particular liability in relation to compensation for damage to items that do not form part of our scope of supply. Strict liability of the Licensor for initial defects in the Software is excluded.
Further Liability a) Furthermore, any claims for damages of the Buyer, irrespective of legal basis, are excluded. This shall not apply in cases that are based on intent, gross negligence or the breach of a material contractual obligation. In case of breach of a material contractual obligation, compensation for damages shall be limited to the foreseeable, typically occurring damage. No change of burden of proof to the disadvantage of the Buyer is connected with the preceding provisions.
