Liability and Claims. AmericaTowne shall in no circumstance be liable to Exporter or authorized users of the AmericaTowne Platform for any error, mistake, misuse, delay, loss or omission whatsoever and howsoever occurring in communications between them or the level of safety with which they are conducted. Exporter unconditionally and irrevocably undertakes that it will not make any claim either legal or equitable against the Company, its affiliates and/or agents for any losses, damages, costs or expenses that it may suffer or incur as a result of or otherwise in connection with such error, mistake, misuse, delay, loss or omission.
Liability and Claims. To the extent permitted by law:
Liability and Claims. 11.2.1. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of the Owner's approval of the Final Certificate of Payment.
Liability and Claims. (a) Carrier, in performing freight transportation services pursuant to this Agreement, shall be liable to SPS as an interstate motor carrier pursuant to 49 X.X.X., §00000 (the Xxxxxxx Amendment) and federal common law applicable to common carriers for the full value of any loss of, or damage to Commodities occurring while in the possession of Carrier or any of its subcontractors or agents, or under Carrier’s care, custody or control, or resulting from Carrier’s performance of or failure to perform the services provided herein. Carrier agrees that any cargo loss or damage in connection with the transport of Commodities under this Agreement shall not be subject to any limitation of liability and shall be in addition to any other liability arising under other provisions of this Agreement. For purposes of this section, “full value” shall mean the invoice value of the Commodities at the place and time of shipment but in no event shall the "full value" exceed the sum of $100,000.00.
Liability and Claims. Claims against UNFPA arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the Basic Agreement; provided, however, that claims related to commercial contracts asserted by parties with which UNFPA has a signed contract will be handled in accordance with the terms of such contract. UNFPA does not assume liability with regard to any claims arising out of or relating to or connected with this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, or otherwise, unless caused by UNFPA’s failure to execute the procurement with reasonable diligence. UNFPA will under no circumstances be liable for any incidental, indirect or consequential damages or for lost revenues or profits arising as a result of UNFPA’s procuring the Supplies or performance of its obligations or exercise of its rights under this Agreement. UNFPA's total liability in any event will not exceed the value of the procurement of Supplies with respect to which a claim is made. UNFPA accepts no liability for any third party claims arising out of or related to this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, or otherwise, unless caused by UNFPA’s failure to execute the procurement. The Government indemnifies and will deal with, defend and hold UNFPA harmless in connection with any third party claim or other cause of action arising out of or relating to this Agreement. In case of dispute on the technical conformity or quality of WHO-approved pharmaceuticals, the Parties accept final assessment by WHO. The Government will be responsible for asserting all claims available to it either (a) automatically, pursuant to purchase contracts entered into by UNFPA; or (b) as a result of the terms under which UNFPA has procured the Supplies. UNFPA will provide all reasonable assistance to the Government in connection with such claims; provided, however, that UNFPA and the Government shall first reach agreement as to any costs to be incurred in that respect (including but not limited to counsel’s fees or court costs). Any compensation received by UNFPA from manufacturers, suppliers or shippers arising out of or related to contractual or other liability of such manufacturers, suppliers or shipp...
Liability and Claims. 14.1 Subject to multilateral and bilateral treaties and agreements of the Participants concerning liability for claims, when applicable, the following provisions will apply regarding liability arising out of, or in connection with, activities carried out in the performance of official duty in the execution of this MOU:
Liability and Claims. 37. Claims against UNFPA arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the Basic Agreement; provided, however, that claims related to commercial contracts asserted by parties with which UNFPA has a signed contract will be handled in accordance with the terms of such contract.
Liability and Claims. 15.1 UNFPA shall not be liable either to the Customer or to any third party for any claims or demands arising out of or relating to the Procurement Services including but not limited to any claims or demands arising out of or relating to any defect in the quality or quantity, the shipment (including any loss of or damage to the Supplies, or delay during transport or shipment), or use of the Supplies or Services, or otherwise, unless caused solely by the failure of UNFPA to execute the Procurement Services with reasonable diligence. In any event, UNFPA shall not be liable for any incidental, indirect or consequential damages to, or for any lost revenues or profits by, the Customer or any third party, and UNFPA’s total liability shall, in any event, not exceed the value of the Supplies and Services with respect to which the claim or demand is made.
Liability and Claims. Claims against UNICEF arising out of or related to the procurement of the Supplies shall be dealt with in accordance with the provisions of the BCA; provided however that claims related to commercial contracts asserted by parties with which UNICEF has a signed contract will be handled in accordance with the terms of such contract. UNICEF does not assume liability with regard to any claims arising out of or relating to or connected with this Agreement, including but not limited to those arising out of or relating to any defect in the quality or quantity of Supplies, the delivery of the Supplies, the use of the Supplies, the providing of the Services, or otherwise, unless caused by UNICEF’s failure to execute the procurement or provide the Services if any with reasonable diligence. UNICEF will under no circumstances be liable for any incidental, indirect or consequential damages or for lost revenues or profits arising as a result of UNICEF’s procuring the Supplies, providing the Services, or performance of its obligations or exercise of its rights under this Agreement. UNICEF's total liability in any event will not exceed the value of the procurement of Supplies and Services with respect to which a claim is made.
Liability and Claims. Any claims made by you under this Agreement must be made initially through WRP. In accordance with WRP’s rules and the Guest Services Agreement, WRP has the authority to negotiate and settle claims. You agree that WRP will not have any liability for any business, financial, or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings, or lost opportunity arising as out of or in connection this Agreement, the Accommodation, or the Booking (whether such loss arises as a result of negligence, breach of contract, tort, or otherwise by WRP or any agent or Third Party providing services on behalf of WRP). This Agreement, WRP’s rules, and your agreement with any Third Party Supplier set forth your relationship with each of the foregoing and the limitations of liability relating thereto. Subject to any exceptions set forth in applicable law, WRP’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Accommodation Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and WRP is not responsible for any accidents, injuries, illness and deaths that occur on, in, around or from the Accommodation or for any loss of your personal belongings or valuables. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
