LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01. Limitation on Liability 11 Section 7.02. Disclaimer of Representations and Warranties 11 ARTICLE VIII
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. 12.1 IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THIS LICENSE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT, HOWEVER, LIMIT THE DAMAGES AVAILABLE TO AGILENT FOR (A) INFRINGEMENT OR MISAPPROPRIATION OF ANY LICENSED MARKS OR (B) BREACHES OF ARTICLE X.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01. Limitation on Liability 9 Section 7.02. Disclaimer of Representations and Warranties 9 ARTICLE VIII TRANSFERABILITY AND ASSIGNMENT Section 8.01. Assignment 10 Section 8.02. Divested Businesses 10 Section 8.03. Third Party Products or Services 10 Section 8.04. Prohibited Assignments Null and Void 10 ARTICLE IX
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Client acknowledges and agrees that it will not hold Big Hype or any third-party suppliers liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Big Hype makes no representations or warranties relating to the results of Marketing Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As Big Hype relies on third parties for certain data, Big Hype makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Big Hype be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. PLEASE READ THIS AGREEMENT CAREFULLY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the following below limitations or exclusions may not apply to you. LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (II) DAMAGES FOR CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, DIMINUTION IN BUSINESS VALUE, OR HARM TO GOODWILL OR REPUTATION. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LOSSES ARE DIRECT LOSSES OR INDIRECT LOSSES; WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR REGULATION VIOLATION OR OTHERWISE; AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALLIED’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR USE OF SYSTEMSHIELD AND RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL OR COURT WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the following below disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Xxxxxx makes no warranty of any kind whether expressed or implied, including any implied warranty of merchantability or fitness of services described in this Agreement for a particular purpose. Seller understands and agrees that this Agreement does not guarantee the sale of the Property.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. FSBO MAKES NO WARRANTY OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF SERVICES DESCRIBED IN THIS AGREEMENT FOR A PARTICULAR PURPOSE. FSBO shall not be liable for any loss, costs, damages or expense (including reasonable attorney’s fees) INCURRED BY Agent/Broker, except for liability solely resulting from FSBO’s gross negligence or willful misconduct. In no event shall either party be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or related to this Agreement. Nothing herein shall be construed as requiring FSBO to post any minimum number of MLS Listings through Broker.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. We make no representations or warranties whatsoever with regard to any third party service providers' products or services. We also make no warranty of any kind, express or implied that the services will be uninterrupted. We do not, and cannot, warrant that the services will operate without error, or that it will be available at all times. You agree that neither we nor any of our officers, directors, employees, agents, or service providers will be held liable for any technical, hardware or software failure of any kind whatsoever, any interruption in the availability of your services, any delay in operation or transmission, any incomplete or garbled transmission, virus, malware, loss of data or other similar loss. To the extent we may have breached the terms of this agreement, and unless otherwise stated herein or required otherwise by law, your sole remedy is to discontinue use of this service. If we do not complete a transfer to your account in time or for the correct amount according to our Agreement with you, we will be liable for your losses or damages. (However, there are some exceptions. We will not be liable: (A) if circumstances beyond our control (such as fire, flood or interference from outside sources) prevent the transfer despite reasonable precautions we have taken; (B) if the party sending us the deposit either fails to generate the correct amount on time; (C) if, through no fault of ours, you do not have enough money in your account to make the transfer, including legal process or other encumbrances restricting transfers; (D) it is your error; (E) your failure to comply with the terms and conditions of your Agreements with the Credit Union; (F) you did not provide complete or correct information; (G) we have reason to believe you or someone else is attempting to make a transfer for fraudulent or illegal purposes; (H) your privileges have been suspended or terminated or your account has been closed; or (I) we have notified you, on or before the next business day, that we will not honor the transfer or request for service. We may, in our sole discretion, with or without cause, refuse to accept or otherwise execute any request for services and we shall have no liability to you for such refusal. There may be other exceptions stated in our Agreements with you. You understand and agree that we must rely on the information provided by you, and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. ...
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Advertiser acknowledges and agrees that it will not hold AGENCY liable for any errors in content, omissions, consequences, damages, costs, refunds or rebates of any kind arising from any interruption of service or other unavailability of the Internet or Web site in which the Advertisement is published for whatever reason. AGENCY makes no representations or warranties relating to the results of Advertisement, including without limitation, the number of impressions, clicks, calls or engagements such Advertisement will receive and any promotional effect or return on investment thereof. AGENCY makes no guarantees regarding the accuracy, reliability or completeness of any usage statistics. In the event that AGENCY fails to publish Advertisement or in the event of any other failure, technical or otherwise, of Advertisement to appear as provided in this Agreement, the sole liability of AGENCY shall be limited to, at AGENCY option, either a pro rated refund to Advertiser of the fee paid, if any, or placement of Advertisement at a later time in a comparable position. In no event shall AGENCY be responsible for any consequential, special, lost profits or other damages arising under this Agreement including, but not limited to, failure to timely publish Advertisement in accordance with the Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor or material shortage, carrier interruption of any kind or work slowdown.
