Limitation of Liability and Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XXXXXXXXX.XXXX, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD- PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE XXXXXXXXX.XXXX WEBSITES AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT XXXXXXXXX.XXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL OR THE SERVICES (INCLUDING THE INTERACTIVE SERVICES), OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Limitation of Liability and Release. 5.1 This Agreement does not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth State or Territory which cannot be excluded, restricted or modified including Australian Consumer Laws.
Limitation of Liability and Release. By entering the Challenge, the Entrant Team agrees that the Challenge Parties will not be responsible or liable for any claims, injuries, costs, losses or damages (collectively “Claims”) resulting from any Entrant Team’s participation in or attempt to participate in the Challenge or use of any prize, including, without limitation, those Claims arising in connection with any of the following occurrences that may affect the operation of the Challenge: laboratory errors, technical failures or malfunctions of any kind; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Challenge, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Challenge. The Challenge Parties are not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected information or reports or for any typographical errors in the announcement of the prize or in these Official Rules, (ii) any inaccurate or incorrect data contained on promotional materials, or (iii) any error in the administration of the Challenge or announcement of the prize and/or all Challenge-related materials. As a condition of entering, the Entrant Team agrees (and agrees to confirm in writing if requested by Sponsors): (a) to forever discharge, release, and hold harmless the Challenge Parties from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Challenge or the prizes, however caused; (b) under no circumstances will the Entrant Team be permitted to obtain awards for, and the Entrant Team hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages from the Challenge Parties; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If the Entrant Team is a California resident, the Entrant Team hereby waives California Civil Code Section 1542, which states,...
Limitation of Liability and Release. EXCEPT FOR 4ME4WE’S OBLIGATIONS TO TRANSFER THE DONATION AMOUNT TO THE APPLICABLE 4ME4WE CHARITY AFFILIATES AS PROVIDED IN SECTION 2 ABOVE, UNDER NO CIRCUMSTANCES WILL 4ME4WE BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AFFILIATE’S PARTICIPATION IN THE 4ME4WE PROGRAM, AND/OR ANY ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF 0XX0XX.XXX OR THE 4ME4WE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, DEFENSE, OR ANY OTHER LEGAL THEORY OR COMBINATION OF LEGAL THEORIES AND WHETHER OR NOT 4ME4WE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND AFFILIATE HEREBY RELEASES 4ME4WE FROM ALL SUCH CLAIMS. IN NO EVENT WILL 4ME4WE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES OR OTHER ECONOMIC LOSSES, WHETHER ARISING UNDER WARRANTY/GUARANTEE, CONTRACT, NEGLIGENCE (INCLUDING NEGLIGENT MISREPRESENTATION), STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES, INCLUDING ANY THEORIES OF CONCURRENT LIABILITY ARISING FROM A DUTY OF CARE BY OPERATION OF LAW OR OTHERWISE, AND AFFILIATE HEREBY RELEASES 4ME4WE FROM ALL SUCH CLAIMS.
Limitation of Liability and Release. 30 Section 14.01. No Personal Liability. 30 Section 14.02. Release. 30 Section 14.03. Limitation of Liability. 30 Section 14.04. Survival. 31 ARTICLE 15 DISCHARGE OF LIENS 31 Section 15.01. No Liens Are Permitted. 31 Section 15.02. Discharge of Liens. 31 Section 15.03. Survival. 31 ARTICLE 16 CONFLICTS OF INTEREST 31 Section 16.01. No Prohibited Interests. 31 Section 16.02. No Illegal Payments. 32 ARTICLE 17 BOOKS AND RECORDS, INSPECTIONS AND AUDIT 32 Section 17.01. Maintenance of Books and Records. 32 Section 17.02. Inspections and Audits. 32 Section 17.03. Survival. 32 ARTICLE 18 INDEPENDENT CONTRACTOR; NO THIRD PARTY BENEFICIARIES 32 Section 18.01. Independent Contractor. 32 Section 18.02. No Partnership or Joint Venture. 33 Section 18.03. No Liability. 33 Section 18.04. No Third Party Beneficiaries. 33 Section 18.05. Survival. 33 ARTICLE 19 INVESTIGATIONS 33 ARTICLE 20 ASSIGNMENT; SUCCESSORS AND ASSIGNS 33 Section 20.01. No Assignments by Funding Recipient. 33 Section 20.02. Assignments by the City. 33 Section 20.03. Successors and Assigns. 34 ARTICLE 21 EVENTS OF DEFAULT AND CERTAIN REMEDIES 34 Section 21.01. Events of Default. 34 Section 21.02. Certain Remedies. 36 Section 21.03. No Waivers; Remedies Not Exclusive; Etc. 36 Section 21.04. Survival. 36 ARTICLE 22 CLAIMS, CONSENT TO JURISDICTION AND VENUE 36 Section 22.01. Limitation. 36 Section 22.02. Waiver of Trial by Jury. 37 Section 22.03. Jurisdiction. 37 Section 22.04. Counterclaims 37 Section 22.05. Service of Process. 38 Section 22.06. Immunities. 38 ARTICLE 23 NOTICES 38 Section 23.01. General Requirements. 38 ARTICLE 24 MISCELLANEOUS 39 Section 24.01. Headings, Captions and Table of Contents. 39 Section 24.02. Governing Law. 39 Section 24.03. Amendments; Waiver. 39 Section 24.04. Entire Agreement. 39 Section 24.05. Construction of Terms and Words. 40 Section 24.06. Invalidity of Certain Provisions. 40 Section 24.07. Consents and Approvals. 40 Section 24.08. "Including." 40 Section 24.09. Required Provisions of Law Controlling. 40 Section 24.10. Counterparts. 40 Section 24.11. Maximum Interest Rate. 41 EXHIBIT A PROJECT BUDGET EXHIBIT B INSURANCE EXHIBIT C CONTRACT REQUIREMENTS EXHIBIT D EXECUTIVE ORDER 50 EXHIBIT E INVESTIGATIONS EXHIBIT F OPINION OF COUNSEL SCHEDULE I DESCRIPTION OF THE PROJECT SCHEDULE II PAYMENT REQUISITION FORM CAPITAL FUNDING AGREEMENT (“Agreement”) dated by and between THE CITY OF NEW YORK (“City”), a municipal corporation organized under the laws of the State of New Yo...
Limitation of Liability and Release. Sponsor, its subsidiaries, officers, directors, employees and agents, including without limitation, its advertising agencies, printers and other suppliers, shall not be liable for and expressly disclaim any and all liability for any injury, liability, expense, cost, damage, penalty or loss of any kind incurred or caused by a Member, their family, or their guests (i) in connection with the utilization of or participation in any WorldMark by Wyndham My Savings program or benefit, or (ii) resulting from any acts or omissions of any individual or entity providing a product, benefit or service in the WorldMark by Wyndham My Savings program. Sponsor's liability for any other loss or damage incurred by a Member through use of the WorldMark by Wyndham My Savings programs or benefits is limited to the fee paid by such Member for membership in WorldMark by Wyndham My Savings. The Member hereby agrees to release and hold harmless Sponsor, its subsidiaries, successors and assigns, its and their advertising agencies, printers and other suppliers, as well as its officers, directors, employees and agents for any injury, liability, expense, cost, damage, penalty or loss of any kind incurred by Member, the Member’s family or guest during any trip or utilization of any WorldMark by Wyndham My Savings program or benefit and for any related damage, theft or loss caused or incurred by the Member, the Member’s family or guest.
Limitation of Liability and Release. The City, its elected officials, officers, employees, agents and contractors shall not be liable for, and the Tenant hereby releases the City, its elected officials, officers, employees, agents and contractors from all liabilities, actions, statutory or other proceedings, judgments, investigations, claims, losses, damages, orders, fines, penalties, expenses, professional and other fees and disbursements (including legal fees on a solicitor and own client basis), and costs whatsoever resulting or arising from:
Limitation of Liability and Release. (a) Without limiting 25.1, you release us from any liability for:
Limitation of Liability and Release. 6.1 The Client acknowledges and agrees that, unless otherwise expressly stated under the Agreement, Aeromedical Solutions does not provide any guarantee or warranty as to the competency, fitness or suitability to provide the Medical Services, workmanship or performance of the Medical Services Providers, or any Medical Services.
Limitation of Liability and Release. 30 18.1 Extent of Liability for Losses 32 18.2 Customer has Remedies under the Water Act 32 18.3 Seqwater Contribution to Loss or Claim 32 18.4 Releases by Customer 32 18.5 Limitation of Liability 33 18.6 Indemnity by Customer 33 18.7 Insurance 33 19. Default and Termination 33 19.1 Termination by Seqwater 33 19.2 Termination by the Customer 33 19.3 Termination for Convenience 34 19.4 Substantial Destruction or Damage to Seqwater Property 34 20. Security 34 20.1 Request for Security 34 20.2 Guarantee by corporation 34 20.3 Provision of Security 34 20.4 Form of Security 35 20.5 No Services without Security 35 20.6 Release of Security 35 21. Dispute Resolution 35 21.1 Activation 35 21.2 Appointment of representative 35 21.3 Discussions 35 21.4 Negotiation of procedures 36 21.5 Methods of resolution 36 21.6 Exchange of information 36 21.7 Termination 36 21.8 Other remedies 36 21.9 Obligation to continue 36 22. GST 36 23. Confidentiality and Public Announcements 37 23.1 Confidentiality 37 23.2 Exceptions 37 23.3 Public Announcements 37 23.4 Right to information and disclosure 37 24. Miscellaneous 37 24.1 Obligations for the benefit of third parties 37 24.2 Notices 38 24.3 Entire Agreement 38 24.4 Amendment 38 24.5 No Waiver 39 24.6 Duty and Costs 39 24.7 Further Assurances 39 24.8 Costs of Approval 39 24.9 Rights cumulative 39 24.10 Severance 39 24.11 Counterparts, facsimile and email 40 24.12 Governing law and jurisdiction 40 25. Definitions/Interpretation 40 25.1 Definitions 40 25.2 Interpretation 45 Schedule 3 Standard Conditions
