LIMITATION OF LIABILITY; DISCLAIMER. (a) LIABILITY. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR LIABILITIES TO PAY AMOUNTS DUE, EITHER PARTY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SUCH PARTY) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT, THE CONTENT AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID BY ATTWS TO BOLT UNDER THIS AGREEMENT.
LIMITATION OF LIABILITY; DISCLAIMER i) Notwithstanding anything stated in Clause 12, the Promoter shall not be liable for defects pertaining to the following: (i) equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; (ii) fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear; (iii) allowable structural and other deformations including expansion quotient; and (iv) normal wear and tear, accidents or misuse. The Promoter’s defect liability obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
LIMITATION OF LIABILITY; DISCLAIMER. LIABILITY IS LIMITED TO ACTUAL DAMAGES (AS DEFINED HEREIN) AS THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES. EACH PARTY AGREES THAT IT HAS A DUTY TO MITIGATE DAMAGES AND AGREES THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY DAMAGES IT MAY INCUR AS A RESULT OF THE OTHER PARTY’S PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER, DIRECT ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY; DISCLAIMER. 8.1 NO CONSEQUENTIAL DAMAGES. EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 12 BELOW, OR EITHER PARTY'S BREACH OF ARTICLE 6, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.
LIMITATION OF LIABILITY; DISCLAIMER. In no event will the Arbitration Panel be liable to you for anything that you or the Contractor may or may not have done. It is understood and agreed that the Contractor’s liability whether in contract or tort, under any warranty, in negligence or otherwise shall not exceed the return of the amount of the purchase price paid by purchaser, or at the option of the Contractor for repair or replacement, and under no circumstances shall the Contractor be liable for special, punitive, exemplary, indirect, or consequential damages.
LIMITATION OF LIABILITY; DISCLAIMER. (a) Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROMS OR LOST BUSINESS.
LIMITATION OF LIABILITY; DISCLAIMER. 10.1. Subject to your rights arising under the Competition and Consumer Xxx 0000 (Cth) or other similar consumer legislation, you agree that PARC will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of any goods or services under this Agreement and whether as a result of any breach or default by PARC, or any negligence of PARC. The maximum liability of PARC under this Agreement for any and all breaches of this Agreement, and any negligence in relation to this Agreement, will not exceed the total amount of payments made by you to PARC under this Agreement, and if you have not paid any monies to PARC, then the maximum liability of PARC will be $10.00.
LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS.
LIMITATION OF LIABILITY; DISCLAIMER. Neither Manager nor any of its officers, directors, managers, principals, stockholders, partners, members, employees, agents, attorneys, representatives and Affiliates (each a “Related Party” and, collectively, the “Related Parties”) shall be liable to the Company or any of its Affiliates for any loss, liability, damage or expense arising out of or in connection with the performance of any Services contemplated by this Agreement, unless such loss, liability, damage or expense shall be proven to result directly from the willful misconduct or fraudulent acts or omissions of Manager or such Related Party. In no event will Manager or any of its Related Parties be liable to the Company for special, indirect, punitive or consequential damages, including, without limitation, loss of profits or lost business, even if Manager has been advised of the possibility of such damages. Under no circumstances will the liability of Manager and Related Parties exceed, in the aggregate, the fees actually paid to Manager hereunder.
LIMITATION OF LIABILITY; DISCLAIMER. A. ABOUT SHALL HAVE NO LIABILITY TO NEOMEDIA OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS OPPORTUNITIES, WHETHER OR NOT ABOUT WAS ADVISED OF THE POSSIBILITY OF SUCH. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR NOTICE TO ABOUT OF THE POSSIBILITY OF SUCH DAMAGES OR NOTWITHSTANDING WHETHER SUCH DAMAGES WERE FORESEEABLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ABOUT DOES NOT MAKE ANY, AND ABOUT HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NeoMedia's sole remedy, as it relates to any breach by About of its obligations hereunder, shall be limited to the value associated with the page views not generated.
