Liability and Damages. The liability provisions of the Terms shall apply except as explicitly agreed otherwise in this DPA.
Liability and Damages. No party’s directors, members of its governing bodies, officers or employees shall be liable to any other party or parties for any loss or damage to property, loss of earnings or revenues, personal injury, or any other direct, indirect, or consequential damages or injury, or punitive damages, which may occur or result from the performance or non-performance of this Agreement, including any negligence arising hereunder.
Liability and Damages. 1. The Licensor reserves to itself, its successors and assigns, the right to relocate and maintain its poles and anchors and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. The Licensor shall be liable to Licensee only for and to the extent of any damage caused by the negligence of the Licensor’s agents or employees to Licensee’s facilities attached to a utility pole or anchor. The Licensor shall not be liable to Licensee for any interruption of Licensee’s service or for interference with the operation of Licensee’s facilities arising in any manner out of Licensee’s use of utility poles or anchors.
Liability and Damages. 13.1 Licensor reserves to itself, its successors and assigns, the right to locate and maintain its conduit and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. Licensor shall not be liable to Licensee for any interruption of Licensee’s service nor for interference with the operation of Licensee’s communications services arising in any manner, except from Licensor’s negligence, out of the use of Licensor’s conduit.
Liability and Damages. 1. The Seller shall be liable for any willful acts, neglects and omissions and any gross negligence of its legal representatives and/or any other persons authorized by the Seller to perform any of the obligations of the Seller under any contract awarded to the Seller or order placed with the Seller (“Agent or Employee”).
Liability and Damages. Both parties reserve the right to maintain their Networks and to operate facilities in a manner that will best enable them to fulfill their service requirements. No Alliant Energy Company will be liable for any interruptions of service to McLeodUSA except as may be caused by Alliant Energy’s negligence or willful misconduct. McLeodUSA agrees that it is responsible for any overlashings on its lines attached to any Alliant Energy’s Network. McLeodUSA agrees to exercise all necessary precautions to avoid damage to facilities of Alliant Energy and other attachers. McLeodUSA agrees to indemnify Alliant Energy from and against any loss, damage, or claims resulting from any acts or omissions of McLeodUSA. McLeodUSA agrees to make an immediate report to al Alliant Energy of any loss or damage to Alliant Energy’s or other attacher’s or overlasher’s facilities and agrees to pay the cost of repairs, except if due to Alliant Energy’s negligence or willful misconduct. Alliant Energy shall promptly notify McLeodUSA of (i) any damages caused by Alliant Energy to the McLeodUSA Network or (ii) any claims against McLeodUSA for property damage, bodily injury or death arising directly or indirectly out of Alliant Energy’s use of the McLeodUSA Network. Notwithstanding any other provision to the contrary, neither party shall be liable to the other for the other party’s consequential or indirect damages, including but not limited to, exemplary or punitive damages, loss of profits or revenue, whether arising out of this transaction or breach of this Agreement or otherwise.
Liability and Damages. 15.1 The Parties agree that the failure of any Party to perform its obligations under this Agreement (exclusive of a Party’s breach of its obligation under this Agreement to make in a timely manner a payment to a Constructing Party with respect to any Cost of Work performed by such Constructing Party or to bear such Cost) may result in damages to other Parties, but that such damages are indefinite and difficult to quantify. Therefore, in lieu of any other remedy for monetary damages, the Parties agree that in the event of a material breach of this Agreement by any Party (“Breaching Party”) that is not cured within a period of sixty (60) days following such Breaching Party’s receipt of written notice from any other Party of such breach, the Breaching Party shall pay to ColumbiaGrid the following amounts as liquidated damages and not as a penalty:
Liability and Damages. 19 The Provider shall be liable for losses under the terms of this Agreement only in accordance with the provisions set out under (a) to (e):
Liability and Damages. 14.1 Verizon shall exercise reasonable care to avoid damaging the Facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Verizon’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or interference with the operation of Licensee's Facilities caused by such damage.
Liability and Damages. 77 9.1 Limitation of Certain Contractor Liabilities 77 9.2 CONSEQUENTIAL DAMAGES 78 9.3 Further Limitation of Liability 78 ARTICLE 10 WARRANTIES 78 10.1 Warranties 78 10.2 [Not used] 80 10.3 Concessionaire’s Right to Proceed 80 10.4 No Liens or Encumbrances 80 10.5 EXCLUSIVE REMEDIES 81 ARTICLE 11 FORCE MAJEURE 81
