Common use of Liability excluded Clause in Contracts

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 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 Licence Agreement for Event Space Operation Hours, and the Licensee shall have access thereto only during the Operation Hours.