Liability excluded Sample Clauses
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Liability excluded. Without prejudice to Clause 7.3, neither the Company nor any of its officers, employees or any other individuals engaged by it to perform the services (including any Worker) shall be liable to the Client or any other person for:
(a) any loss, injury, damage, expense, delay or other liability whatsoever incurred or suffered arising directly or indirectly from or in any way connected with the supply of Workers to the Client, including (without limitation) any such liability arising from or in any way in connection with:
(i) any failure of the Worker to meet the requirements of the Client for all or any of the purposes for which he is required by the Client;
(ii) any act or omission of a Worker, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
(iii) any loss, injury, damage, expense or delay incurred or suffered by a Worker; or
(iv) any loss, injury, damage, expense or delay incurred or suffered through the use of any Equipment provided by the Company which has been modified without express prior authorisation by the Company; or
(v) any claim by or on behalf or any Worker that there existed during the currency of any Contract a contract of employment between the Client and such Worker; or
(b) any loss of profit, business, business opportunity or revenue, diminution of goodwill, in each case whether direct, indirect or consequential; or
(c) any other indirect, consequential or economic loss, in each case howsoever arising and regardless of whether the Company was aware of the possibility of the same. Delivering First Class Rail Solutions ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇.▇▇ | P. 4
Liability excluded. The tenant shall be liable for and shall indemnify and defend the lessor or the lessor's agent, its directors, officers, employees, and agents, from, and against, any and all losses, claims, demands, actions, suits (including costs and legal fees on an indemnity basis), and damages, including, but not limited to:
(a) injury, bodily or otherwise, or death of any person, including the tenant or an approved occupant; or
(b) loss, damage to, or destruction of, property whether real or personal, belonging to any person, including the tenant or an approved occupant; as a direct or indirect result of the tenant's negligent acts or omissions or breach of this agreement or obligations under the Act.
Liability excluded. Notwithstanding anything contained in this Agreement and except in respect of death or personal injury caused by the Licensor’s negligence:
(a) the entire liability of the Licensor arising out of or in connection with any breach of this Agreement, or in tort (including negligence) or breach of statutory duties, or the state, condition or use of the Event Space, or any other legal theory whatsoever, shall not in any event exceed the Licence Fee; and
(b) the Licensor shall not be liable to the Licensee for any damage, loss, claim, expense, cost or liability of an indirect, special or consequential nature that may be incurred or suffered by the Licensee or that may be asserted against the Licensee howsoever arising including that caused by or in connection with any breach of this Agreement or any breach of statutory duties or any negligence on the part of the Licensor, its employees, servants, agents and/or contractors, or by or in connection with any other wrongful act or omission of the Licensor. Without prejudice to the generality of the foregoing, the Licensee agrees that the Licensee shall take all necessary measures (including by the use of secure fastenings and/or by removing relevant items after the Operation Hours) to protect and keep safe all furniture, equipment, goods, articles or chattels of the Licensee (whether retained within or outside of the Event Space) and all other property of the Licensee from harm, damage, loss, theft or robbery. The Licensor shall not, under any circumstances whatsoever be responsible for any harm, damage, loss, theft or robbery in respect of any such items aforesaid, and notwithstanding that the Licensor may have access to the Event Space during and after the Operation Hours, and the Licensee shall have access thereto only during the Operation Hours.
Liability excluded. Notwithstanding any other provision of the Contract Documents and except as set forth in Section 26.3.2, in no event shall either Owner or Contractor be liable to the other party for incidental, special, punitive or consequential damages of any nature, including, but not limited to, loss of use, loss of revenue, or loss of income, whether arising in contract, tort (including negligence) or other legal theory.
Liability excluded. The tenant shall be liable for and shall indemnify and defend the lessor or the lessor's agent, its directors, officers, employees, and agents, from, and against, any and all losses, claims, demands, actions, suits (including costs and legal fees on an indemnity basis), and damages, including, but not limited to:
Liability excluded. (a) As far as the law permits, Powerlink will not be liable:
(i) to the Generator for any loss, injury, damage or expense suffered or incurred by the Generator in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [25] (Liability and indemnity) of the Connection and Access Agreement;
(ii) to the Owner for any loss, injury, damage or expense suffered or incurred by the Owner in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [22] (Liability and indemnity) of the Network Operating Agreement.
(b) As far as the law permits, the Generator will not be liable to Powerlink for any loss, injury, damage or expense suffered or incurred by Powerlink in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [25] (Liability and indemnity) of the Connection and Access Agreement.
(c) As far as the law permits, the Owner will not be liable to Powerlink for any loss, injury, damage or expense suffered or incurred by Powerlink in relation to this agreement (whether in contract, tort or otherwise), except to the extent provided in clause [22] (Liability and indemnity) of the Network Operating Agreement.
Liability excluded. The Security Trustee shall not be responsible, chargeable or liable in any manner, or in respect of any claim, demand, loss or cost suffered or incurred by the Investors arising directly or indirectly out of or in connection with (a) any loss or depreciation in the value of the Security or of the Secured Assets or of any of the money or other assets described in clause 2.2; or (b) any sale or other disposition of the Security or the Secured Assets made in good faith; or (c) any delay which may occur from whatever cause in any transaction concerning the Security or the Secured Assets or any of the money or other assets described in clause 2.2; or (d) the consequences of any mistake, whether by act or omission, made in good faith; or (e) the default, negligence or fraud of any agent engaged by the Security Trustee in good faith (whether or not the engagement of that agent was necessary or expedient), or (f) any other matter or thing whatsoever, except fraud or wilful wrongdoing on the part of the Security Trustee.
Liability excluded. Subject to clause 19.5, neither Party shall in any circumstances have any liability for any losses or damages which may be suffered by a Party (or any person claiming under or through the Party), whether the same arise in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise howsoever:
(a) which fall within any of the following categories (even if the Party was aware of the circumstances in which such loss could arise):
(i) indirect, consequential or special loss;
(ii) loss of profits, business or revenue;
(iii) loss of anticipated savings;
(iv) loss of opportunity;
(v) loss of contracts;
(vi) loss of goodwill; and/or
(vii) in respect of claims against Tribal for any loss or corruption of data caused by or attributable to the acts or omissions of the Customer, its employees, agents or contractors; or
(b) Subject to clause 19.5, Tribal shall not in any circumstances have any liability for any losses or damages which may be claiming under or through them), whether the same arise in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise howsoever arising as a result of:
(i) the use of any of the Software, Software Services or Services contrary to the terms and conditions of this Agreement;
(ii) any adaptation or modification of any of the Software, Software Services or Services, or integration or combination with any other equipment, software, product or material not supplied or approved by Tribal, in each case carried out by anyone other than Tribal or without ▇▇▇▇▇▇'s express written consent;
(iii) any defect arising in any of the Software and/or Software Services and/or Services as a result of misuse, wilful damage, negligence on the part of anyone other than Tribal, abnormal operating conditions or any failure by the Customer to follow any instructions of ▇▇▇▇▇▇ as to use;
(iv) the compliance by Tribal with any design, specification or instructions provided by the Customer or on the Customer's behalf;
(v) the continued use of Unsupported Software (providing ▇▇▇▇▇▇’s acts or omissions have not prevented the installation of a Major Release/s), to the extent that any claim would have been avoided by the use of a Major Releases not implemented by the Customer; and/or
(vi) a Customer Cause.
Liability excluded. Subject to clause 19.4, ▇▇▇▇▇▇ shall not in any circumstances have any liability for any losses or damages which may be suffered by the Customer (or any person claiming under or through the Customer), whether the same arise in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise howsoever:
(a) which fall within any of the following categories (even if ▇▇▇▇▇▇ was aware of the circumstances in which such loss could arise):
(i) indirect, consequential or special loss;
(ii) loss of profits, business or revenue;
(iii) loss of anticipated savings;
(iv) loss of opportunity;
(v) loss of contracts;
(vi) loss of goodwill; and/or
(vii) loss or corruption of data (to the extent that is caused by ▇▇▇▇▇▇); or
(b) arising as a result of:
(i) the use of any of the Software, Software Services or Services except for their normal intended purpose;
(ii) any adaptation or modification of any of the Software, Software Services or Services, or integration or combination with any other equipment, software, product or material not supplied or approved by Tribal, in each case carried out by anyone other than Tribal or without ▇▇▇▇▇▇'s express written consent;
(iii) any defect arising in any of the Software and/or Software Services and/or Services as a result of misuse, wilful damage, negligence on the part of anyone other than Tribal, abnormal operating conditions or any failure by the Customer to follow any instructions of ▇▇▇▇▇▇ as to use;
(iv) the compliance by Tribal with any design, specification or instructions provided by the Customer or on the Customer's behalf;
(v) the continued use of a version of the Software after ▇▇▇▇▇▇ has made two (2) subsequent Major Releases of the Software available to the Customer, to the extent that any claim in respect of which ▇▇▇▇▇▇ would otherwise be obliged, under this Agreement to indemnify would have been avoided by the use of such subsequent Major Releases; and/or
(vi) a Customer Cause.
Liability excluded. The Licensor undertakes no liability for the state and condition of the Premises at the start of or during this licence nor that the Premises are fit for any specific purpose or use.