LIMITATION OF LIABILITY 8 Sample Clauses

LIMITATION OF LIABILITY 8. 1 In no circumstances shall the Parties be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever caused for:
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LIMITATION OF LIABILITY 8. Ограничение ответственности Circumstances may arise where, because of a default on IBM’s part or other liability, you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than: В процессе нашего сотрудничества могут возникнуть обстоятельства, в которых, вследствие нарушения со стороны компании IBM или иного основания для ответственности, вы получите право на требование от компании IBM компенсации за ущерб. В каждом таком случае, независимо от основания, дающего вам право требовать от компании IBM компенсацию за ущерб (в том числе значительного нарушения, халатности, предоставления ложных сведений, а также иных оснований для иска по нарушению контракта или гражданскому правонарушению), IBM несет ответственность в следующих пределах:
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LIMITATION OF LIABILITY 8. Subject to clause 19.3, the Customer hereby agrees, for and on behalf of itself, and the Vessel Owner, that limitation shall be determined by the 1996 Protocol, regardless of whether the 1996 Protocol has been ratified by the country in which the Terminal is located. The Customer hereby warrants that it has the authority to bind the Vessel Owner to such waiver of limitation set out in this clause 19.5.]
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LIMITATION OF LIABILITY 8. POJIŠTĚNÍ; OMEZENÍ ODPOVĚDNOSTI 8.1 Institution Insurance Requirements. Institution represents that it has taken out insurance in accordance with Section 45(2)(n) of Act No. 372/2011 Coll., on Health Services, as amended. 8.1 Požadavky na pojištění Zdravotnického zařízení. Zdravotnické zařízení prohlašuje, že má sjednáno pojištění dle § 45 odst. 2 písm. n) zákona č. 372/2011 Sb., o zdravotních službách, ve znění pozdějších předpisů. 8.2 Sponsor Insurance Requirements. Sponsor hereby represents and assures that he/she has taken out insurance for liability for injury caused by the Study. 8.2 Požadavky na pojištění Zadavatele. Zadavatel tímto prohlašuje a ujišťuje, že uzavřel pojištění odpovědnosti za újmu způsobenou Studií. Sponsor shall maintain a valid and effective insurance policy throughout the duration of the Study.of the General University Hospital in Prague: Study Insurance, QBE Syndicate 1886 at Lloyds, managed by QBE Underwriting Limited with registered office Plantation Place, 00 Xxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX. Policy Number: Zadavatel je povinen udržovat platnou a účinnou smlouvu o pojištění po celou dobu provádění Studie.Všeobecné fakultní nemocnice v Praze: Pojištění Studie, QBE Syndicate 1886 u společnosti Lloyds, řízené QBE Underwriting Limited s registrovanou kanceláří Xxxxxxxxxx Xxxxx, 00 Xxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX. Číslo pojistné smlouvy: . . 9.
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LIMITATION OF LIABILITY 8. 1 Save as otherwise provided in this Agreement, neither Party shall have any liability to the other Party under this Agreement for any consequential losses, loss of profit and/or damage to goodwill, special damages and indirect losses; loss and/or corruption of data; and/or business interruption, loss of business, contracts, opportunity and/or production. 8.2 Each Party’s total liability to the other Party under this Agreement shall not exceed the aggregate amount actually paid by Xxxxx as the Purchase Price under this Agreement. 8.3 Nothing in this Agreement shall exclude or limit either Party’s liability for any liability which it is not permitted to limit as a matter of law. 9. TERM 9.1 This Agreement shall commence on the Effective Date and shall remain in effect until the Expiration Date at which time it shall terminate automatically (the “Term”). Clause 3, and clauses 5 to 11 inclusive shall survive the termination of this Agreement. 10. CONFIDENTIALITY 10.1 Each Party will, during the term of this Agreement and for a period of two years thereafter, keep confidential, and will not use for any purpose (other than the proper exercise of its rights under this Agreement) nor disclose to any third party except (i) as may be required by any law or any legal or regulatory authority; or (ii) to external legal advisors, auditors, business partners, potential investors or financing parties (provided such parties are bound by confidentiality obligations equivalent to those set out in this Agreement) any information of a confidential nature, whether or not expressly identified as such (including, without limitation, trade secrets, technical information, know-how, buyer lists, and other information of commercial value) which may become known to it as a result of this Agreement and which relates to the other Party or to the other Party’s business unless: (i) that information is public knowledge or already known to that Party at the time of disclosure or subsequently becomes public knowledge in each case other than by a breach of this Agreement; or (ii) subsequently comes lawfully into its possession from a third party. 10.2 Each Party agrees that it will keep the commercial terms of this Agreement confidential and not disclose such terms other than to its professional advisers, business partners or financing parties, or as required by applicable law or regulation, including the rules of any applicable stock exchange. 11. GENERAL 11.1 This Agreement supersedes all ...
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LIMITATION OF LIABILITY 8. 1 The liability of the Vendors under or in respect of the Warranties and/or the Taxation Undertaking shall be limited as follows:
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LIMITATION OF LIABILITY 8. 1. We make no warranty or representation as to the accuracy, reliability, availability or quality of our services, or that the Platforms are error-free, uninterrupted or available at any times. There may be circumstances where our services may be interrupted, delayed or unavailable, including but not limited to planned maintenance, upgrades, urgent repairs and failures of communication links and/or equipment. We are not responsible or liable to you for any loss or damage howsoever arising in the event that our services are defective, interrupted, delayed or otherwise unavailable. Notwithstanding the above, in the event of any incorrect deductions, calculation or accounting of the service fees charged to your account, you may contact us at xxxxxxx@XxxxxXxx.xxxx. After the completion of our investigations, as your sole and exclusive remedy, we may correct the service fees charged to your account and provide you with a refund.
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Related to LIMITATION OF LIABILITY 8

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Disclaimer Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

  • Limitation of Liabilities 13.1 Notwithstanding anything herein to the contrary, except for damages resulting from (i) unauthorized use or disclosure of Confidential Information (including Customer Data), or (ii) damages resulting from death or bodily injury arising from either party’s gross negligence or willful misconduct, or (iii) SAP’s right to collect unpaid fees, under no circumstances and regardless of the nature of the claim shall either party (or their respective Affiliates or SAP’s licensor’s) be liable to each other to or any other person or entity under the Agreement for an amount of damages in excess of the fees paid for the applicable Services under the relevant Order Form or in the case of subscription based Services including managed services, the fees paid in the twelve (12) month period preceding the date of the incident giving rise to the liability, or, any special, incidental, consequential, or indirect damages, loss of good will or business profits, work stoppage or for exemplary or punitive damages.

  • Disclaimer and Limitation of Liability THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

  • Indemnification Limitation of Liability A. USBFS shall exercise reasonable care in the performance of its duties under this Agreement. USBFS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with matters to which this Agreement relates, including losses resulting from mechanical breakdowns or the failure of communication or power supplies beyond USBFS's control, except a loss arising out of or relating to USBFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, if USBFS has exercised reasonable care in the performance of its duties under this Agreement, the Trust shall indemnify and hold harmless USBFS from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys' fees) which USBFS may sustain or incur or which may be asserted against USBFS by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder, except for any and all claims, demands, losses, expenses, and liabilities arising out of or relating to USBFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence or from willful misconduct on its part in performance of its duties under this Agreement, (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to USBFS by any duly authorized officer of the Trust, such duly authorized officer to be included in a list of authorized officers furnished to USBFS and as amended from time to time in writing by resolution of the Board of Trustees. USBFS shall indemnify and hold the Trust harmless from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys' fees) that the Trust may sustain or incur or that may be asserted against the Trust by any person arising out of any action taken or omitted to be taken by USBFS as a result of USBFS's refusal or failure to comply with the terms of this Agreement, its bad faith, negligence, or willful misconduct. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, USBFS shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond USBFS's control. USBFS will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of USBFS. USBFS agrees that it shall, at all times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Trust shall be entitled to inspect USBFS's premises and operating capabilities at any time during regular business hours of USBFS, upon reasonable notice to USBFS. Notwithstanding the above, USBFS reserves the right to reprocess and correct administrative errors at its own expense.

  • Warranty; Limitation of Liability Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests.

  • Limitation of Liability; Indemnity (a) Neither the Sole Member nor the Manager will be personally liable for monetary damages for any action taken as a member or manager, or for any failure to take any action, and neither the Sole Member nor the Manager shall be liable for any debts, obligations or liabilities of the Company whether arising in tort, contract or otherwise, solely by reason of being a member or manager.

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