LIABILTY Clause Samples
A liability clause defines the extent to which each party is responsible for losses, damages, or claims arising from the agreement. Typically, it sets limits on the amount or types of damages one party may recover from the other, such as excluding indirect or consequential damages or capping total liability at a specified amount. The core function of this clause is to allocate risk between the parties and provide predictability regarding potential financial exposure, thereby reducing uncertainty and disputes over responsibility for losses.
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LIABILTY. In the case of a defect of the Products AkzoNobel will only compensate Buyer for indirect damages if AkzoNobel has (at least jointly) caused these indirect damages by gross negligence. All claims for compensation will be time barred after one year from delivery to the Buyer. Nothing in this section will limit or exclude AkzoNobel’s liability for any matter in respect of which it is unlawful for AkzoNobel to exclude or restrict its liability, especially in connection with the harm to life, health, physical integrity, matters based on the Product-Liability act or in connection with core- contractual-obligations (Kardinalpflichten) or if the Products fail to have the warranted features (zugesicherte Eigenschaften).
LIABILTY. Twin River Bank shall be responsible only for performing the services expressly provided for in the Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services. In no event shall Twin River Bank have any liability for any consequential, special, punitive, or indirect loss or damage, which the Customer may incur or suffer in connection with this Agreement. Twin River Bank will not be liable for any unauthorized debit activity since the Customer will be authorizing all debit activity and ensuring each debit authorization is signed by their client (or company). Twin River Bank will assume no liability in the case of unauthorized debits and will incur no monetary loss.
LIABILTY. Cardholder assumes liability for purchases, cash advances and balance transfers, made by Cardholder or any authorized person through the use of the Credit Card and agrees to pay, at such place as the Bank designates; all extensions of credit and charges in accordance with statement ▇▇▇▇▇▇▇▇ and current, applicable Credit Card Agreement. Cardholder will be liable for loss, theft, or possible unauthorized use of the Credit Card. Cardholder will not be liable for unauthorized use, which occurs after notifying the Bank orally or in writing, of loss, theft, or possible unauthorized use. In any case, liability shall not exceed the lesser of $50.00 of the amount of money, property or services obtained by such use prior to the notification of the Bank.
LIABILTY. 18.1. Nothing in this Framework Agreement will exclude or in any way limit either Party's liability for fraud, death or personal injury caused by its negligence.
18.2. Subject always to Clauses 18.1 and 18.3, the maximum amount the Supplier can be liable for in respect of all Defaults shall in no event exceed:
18.2.1. in relation to any Defaults occurring from the Effective Date to the end of the first Framework Agreement Year, the higher of the figure specified in the Letter of Appointment and Order Form or a sum equal to 125% of the Framework Agreement Charges estimated by the Customer for the first Framework Agreement Year.
18.2.2. in relation to any Defaults occurring in each subsequent Framework Agreement Year that commences during the remainder of the Term, the higher of the figure specified in the Letter of Appointment and Order Form or a sum equal to 125% of the Framework Agreement Charges payable to the Supplier under this Framework Agreement in the previous Framework Agreement Year; and
18.2.3. in relation to any Defaults occurring in each Framework Agreement Year that commences after the end of the Initial Term, the higher of the figure specified in the Letter of Appointment and Order Form or a sum equal to 125% of the Framework Agreement Charges payable to the Supplier under this Framework Agreement in the last Framework Agreement Year commencing during the Term.
18.3. Subject to Clause 18.1 and except for any claims arising under Clause 20.12, neither Party will be liable to the other in any situation for any:
18.3.1. loss of profits 18.3.2. loss of goodwill or reputation 18.3.3. loss of revenue 18.3.4. loss of savings whether anticipated or otherwise; or
18.3.5. indirect or consequential loss or damage of any kind
18.4. Without prejudice to its obligation to pay the undisputed Framework Agreement Charges as and when they fall due for payment, the Customer’s total aggregate liability in respect of all defaults, claims, losses, or damages howsoever caused will in no event exceed the figure specified in the Letter of Appointment.
LIABILTY. The Village shall not be liable for any injuries, death or property damage arising out of the use by the User of the above described facilities and the User agrees to hold the Village harmless.
LIABILTY. (a) MERCK assumes no responsibility, nor liability, for the nature, conduct or results of any research, testing or other work performed by MULTIVIR hereunder.
(b) MULTIVIR UNDERSTANDS THAT THE TECHNOLOGY IS SUPPLIED “AS IS” AND IS PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED INCLUIDING THAT THE USE OF THE TECHNOLOGY OR EVALUATION RESULTS WILL NOT INFRINGE ANY PATENT OF OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. MERCK WILL NOT BE LIABLE TO MULTIVIR FOR ANY LOSS, CLAIM, OR DEMAND MADE BY MULTIVIR OR MADE AGAINST MULTIVIR BY ANY THIRD PARTY DUE TO USE OF THE TECHNOLOGY OR EVALUATION RESULTS. MULTIVIR ACKNOWLEDGES THAT THE TECHNOLOGY IS EXPERIMENTAL IN NATURE AND MAY HAVE UNKNOWN HAZARDOUS CHARACTERISTICS, THAT IT IS AWARE OF THE RISKS OF WORKING WITH EXPERIMENTAL MATERIALS AND THAT IT WILL STRICTLY ADHERE TO PROPER LABORATORY PROCEDURES FOR HANDLING BIOLOGICAL SUBSTANCES WITH UNKNOWN HAZARDS. THE TECHNOLOGY WILL NOT BE USED IN HUMANS.
(c) MERCK UNDERSTANDS THAT THE EVALUATION RESULTS ARE SUPPLIED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
LIABILTY. The Association assumes all risks incident to the operation of the Program and shall indemnify and hold the Town harmless from all claims arising from any accident, injury or damage whatsoever to any person or property occurring during the term of this Agreement and against all expenses and liability incurred in connection with any such claim or action or proceeding brought thereon. The Association shall obtain and carry in full force and effect during the term of the Agreement and promptly file evidence thereof with the Town Supervisor for a good and sufficient policy of insurance including coverage of bodily injury, liability and property damage written by an insurance company or companies qualified to do business in the State of New York. The amount of such insurance shall be not less than One Million ($1,000,000.00) Dollars for liability due to any occurrence.
LIABILTY. The League assumes all risks incident to the operation of the Program and shall indemnify and hold the Town harmless from all claims arising from any accident, injury or damage whatsoever to any person or property occurring during the term of this Agreement and against the expense and liability incurred in connection with any such claim or action or proceeding brought thereon. The League shall obtain and carry in full force and effect during the term of the Agreement and promptly file evidence thereof with the Town Supervisor for a good and sufficient policy of insurance including coverage of bodily injury, liability and property damage written by an insurance company or companies qualified to do business in the State of New York. The amount of such insurance shall be not less than One Million ($1,000,000.00) Dollars for liability due to any occurrence.
LIABILTY. Neither World of Customs Auto Show its divisions, partners, affiliates, sponsors, their officers, agents, employees, their families, and other representatives shall be held liable for, and the same are hereby released from accountability for any damage, loss, harm, or injury to the person(s) or property of the applicant or any of the officers, affiliates, sponsors, agents, employees, their families, and other representatives, resulting from thec, fire, water, accident, terrorist attack or act of war or any other cause.
LIABILTY. PBM is not required to carry any insurance to cover the property of the tenant. PBM is not responsible for any injuries or property damage as a result of the tenants use of any marina facilities. The tenant releases and discharges PBM from any and all liability from loss, injury (including death), or damages to persons or property sustained while in or on the facilities of the marina including fire, theft, vandalism, windstorm, high or low waters, hail, rain, ice collision or accident, or any other Act Of God, whether the boat is being parked or hauled by PBM employee(s). If the tenant is found to be in default of any of the terms of this agreement; PBM reserves the right to take any action, legal or otherwise, against the tenant for the default(s). The tenant will be responsible for any costs incurred from any action(s) taken by PBM due to said default(s), including but not limited to; haul fees, storage fees, attorney fees, filing fees, fines, labor costs, materials, etc. PBM reserves the right to use any slip space while the tenant is not occupying the slip.