Liability Exclusions. Subject to the clause entitled Liability - Inclusions below, neither: (a) Customer, Customer Affiliates and Participating Entities; nor (b) Verizon and Verizon Affiliates, will be liable to the others for any: (i) special damages, (ii) incidental damages, (iii) exemplary damages, (iv) punitive damages, (v) indirect and/or consequential loss, (vi) loss of sales or business, (vii) loss of value, (viii) loss of use, (ix) loss of goodwill, (x) damage to reputation, (xi) loss of data, (xii) loss of anticipated savings, or (xiii) business interruption.
Liability Exclusions. You are not insured for liability due to or arising out of:
Liability Exclusions. I acknowledge and agree that the TM Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose. By signing this agreement I agree that: • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law are excluded; and • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) and the Australian Consumer Law is excluded, in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of: • death; • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); • the contraction, aggravation or acceleration of a disease; or • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIRTRADING ACT 2012 (VIC): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: • are rendered with due care and skill; and • are reasonably fit for any purpose which you, either expressly or by ...
Liability Exclusions. SUBJECT TO SECTION 7.1, NEITHER PARTY NOR ITS RESPECTIVE AFFILIATES WILL BE LIABLE TO THE OTHER PARTY FOR ANY: (I) INDIRECT AND/OR CONSEQUENTIAL LOSS; (II) SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES; (III) LOSS OF GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL); (IV) LOSS OF PROFITS OR REVENUE; (V) LOSS OF CONTRACT, SALES AND/OR BUSINESS; (VI) LOSS OF SAVINGS, INCLUDING ANTICIPATED SAVINGS; (VII) LOSSES RELATED TO A DISRUPTION OR WORK STOPPAGE, COVER DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATIVE VENDOR, SOFTWARE OR SERVICE); (VIII) WASTED EXPENDITURE; OR (IX) LOSS OR CORRUPTION OF DATA, EXCEPT THAT ARISING FOLLOWING A BREACH OF SECTION 10.1 (CUSTOMER DATA) OR GENESYS’ SECURITY POLICY.
Liability Exclusions. Regardless of the basis of the claim or theory of liability, neither You nor Us will be liable for: (a) any special, indirect, incidental, consequential, or punitive damages, (b) damages arising from the loss of use, loss or corruption of data, lost profits, lost revenue, business interruption or cost of procuring substitute Products, or (c) unavailability of the Cloud Services.
Liability Exclusions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 8.1 (LIMITATION OF LIABILITY), AND SUBJECT TO THE ANTI-DEFICIENCY ACT, NOTHING SHALL RESTRICT (OR OTHERWISE LIMIT) THE LIABILITY FOR: (A) INDEMNIFICATION OBLIGATION UNDER SECTION 9 (INDEMNIFICATION), (B) BREACH OF SECTION 1.4 (INTELLECTUAL PROPERTY), (C) BREACH OF SECTION 2.1 (ACCEPTABLE USE POLICY), AND (D) WILLFUL MISCONDUCT OR FRAUD.
Liability Exclusions. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR BREACH OF THE LICENSES OR RELATED RESTRICTIONS CONTAINED HEREIN OR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SAVE FOR THE FOREGOING, NEITHER PARTY ACCEPTS AND EACH PARTY HEREBY EXCLUDES ANY LIABILITY FOR LOSS OF OR DAMAGE TO TANGIBLE PROPERTY OTHER THAN THAT CAUSED BY ITS NEGLIGENCE AND HEREBY EXCLUDES ANY OTHER LIABILITY FOR NEGLIGENCE ARISING PURSUANT TO THE TERMS OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF LICENSEE, EBAY ENTERPRISE OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
Liability Exclusions. The Board by payment of the premium payments required to provide the coverage, shall be relieved from all liability with respect to the benefits provided by the insurance coverage as above described. The failure of an insurance company to provide any of the benefits for any reason shall not result in any liability to Board or the Association, nor shall such failure be considered a breach by either of them of any obligation.
Liability Exclusions. Subject to the clause entitled Liability - Inclusions below, neither:: (a) Customer, Customer Affiliates and Participating Entities; nor (b) Verizon and Verizon Affiliates, will be liable to the others for any:: (i) special damages, (ii) incidental damages, (iii) exemplary damages, (iv) punitive damages, (v) indirect and/or consequential loss, (vi) loss of sales or business, (vii) loss of value,
Liability Exclusions. VCOLLAB and its vendors, contractors, employees, and suppliers shall not be responsible for failures of performance resulting from acts beyond its control. Such acts shall CADFEM GmbH Xxxxxxxxxx 0 85567 Xxxxxxx near München P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xx Further offices: Berlin, Chemnitz, Dortmund, Frankfurt, Hannover and Stuttgart Austria: CADFEM (Austria) GmbH xxx.xxxxxx.xx Switzerland: CADFEM (Suisse) AG include but not be limited to acts of God, governmental regulations superimposed after the fact, communication line failures, power failures, and equipment or Product failures or errors of any kind.
