Liability of Supplier. 17.1 Notwithstanding anything contained herein to the contrary, Supplier agrees to indemnify and hold harmless ISR and its directors, officers, and employees from and against all taxes, losses, damages (including direct, indirect or consequential damages) or loss to property of either ISR or third parties, or injuries to or death of persons, including employees of ISR and third parties, of whatever kind caused by, arising out of, incidental to, or connected with the Works, liabilities, costs and expenses, including attorney's fees and other legal expenses, arising directly or indirectly from (i) any negligent, reckless or intentionally wrongful act of Supplier or Supplier's assistants, employees or agents, (ii) a determination by a court that the Supplier is not an independent contractor, or (iii) any breach by the Supplier or Supplier's assistants, employees or agents of any of the covenants contained in this Agreement. Such responsibility shall include court costs and attorneys’ fees, if any, in proportion to the Supplier’s share of the liability.
Liability of Supplier. Supplier's maximum liability and Customer's maximum recovery for any claim arising out of or in connection with the sale or use of the Equipment and Software shall not in the aggregate exceed the price paid by Customer for such Equipment and Software hereunder.
Liability of Supplier. 12.1 (a) If the Competition and Consumer Xxx 0000 (Cth), the Corporations Xxx 0000 or any other legislative provision prohibits or otherwise precludes the restriction, modification or exclusion of any statutory condition, warranty, guarantee, right, remedy or other benefit, then this Clause 12.1 does not restrict, modify or exclude it.
Liability of Supplier. Except as provided in Sections 2.5 and 8.2, Supplier shall not be liable to the ISO for actions or omissions by Supplier in performing its obligations under this Agreement, provided that Supplier has not willfully breached this Agreement or engaged in willful misconduct.
Liability of Supplier. Except as provided in Sections 2.5 and 8.2, Supplier shall not be liable to the ISO for actions or omissions by Supplier in performing its obligations under this Agreement, provided that Supplier has not willfully breached this Agreement or engaged in willful misconduct. To the extend the ISO has claims against Supplier, the ISO may only look to the assets of Supplier for the enforcement of such claims and may not seek to enforce any claims against the directors, members, officers, or employees of Supplier who, the ISO acknowledges and agrees, have no personal liability for obligations of Supplier by reason of their status as directors, members, officers, or employees of Supplier.
Liability of Supplier. (1) The limitations or exculpations of liability set forth in Section 23.01 and Section 23.02 shall not apply, in the case of liability of Supplier Party, to:
Liability of Supplier. Supplier's maximum liability and Customer's maximum recovery for any claim arising out of or in connection with the sale of Disposable Baby Diapers shall not in the aggregate exceed the price paid by Customer for such Disposable Baby Diapers hereunder.
Liability of Supplier. The Parties acknowledge that the Services are required by Supplier so that fractionation of Plasma may continue pursuant to the Fractionation Services Agreement. Therefore Supplier shall be liable for any failure in the performance of the Services. The provisions of Section 6.12 of the Fractionation Services Agreement shall govern Supplier obligations in the event Plasma is rendered unusable due to Supplier’s failure in the performance of the Services. In such an event, CBS’ sole legal recourse (in law and equity) and Supplier’s sole liability shall be limited to Supplier’s replacement of such Fractionation Products that are not permitted to be released. ***CONFIDENTIAL TREATMENT REQUESTED 57 SCHEDULE “I” - B-19 TESTING SERVICES, continued SERVICES For each unit of Plasma shipped to Supplier, CBS will provide a Sample of processed whole blood in a PPT Vacutainer Tube. Supplier shall provide parvovirus B19 testing services for all Plasma shipped for fractionation. Testing will be done according to Supplier’s approved SOPs designed to remove high titre units to provide a Plasma pool that does not exceed [***] B19 units per mL. Interdiction of high titred plasma units will be based on the correlation of individual Sample disposition to plasma unit identifiers. No direct testing of individual plasma units shall occur.
Liability of Supplier. 15.1. Except in relation to liability for damage to property, personal injury (including sickness and death), breach of confidentiality, the Supplier shall be under no liability to the Customer in respect of any consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement.
Liability of Supplier. 10.1. To the maximum extent permitted by law, no warranty, condition, description or representation on the part of Festo is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law.
