Limitation of Liability; No Warranty. IN NO EVENT SHALL LICENSOR OR BOLP BE LIABLE TO THE LICENSEE FOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID BY THE LICENSEE TO LICENSOR UNDER THIS AGREEMENT. IN NO EVENT SHALL LICENSOR (BOLP) OR SARASOTA COUNTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, INDEMNITY, OR OTHERWISE, EVEN IF LICENSOR OR BOLP HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE THE LICENSEE OF AN ADEQUATE REMEDY. CLAIMS FOR DAMAGES ARISING OUT OF THIS AGREEMENT MUST BE MADE BY THE LICENSEE WITHIN ONE YEAR OF THE INCIDENT TO WHICH THEY RELATE OR BE FOREVER BARRED. The provisions of this Section allocate the risks under this Agreement between Licensor and the Licensee and this Agreement and the pricing and other terms contained herein reflect the allocation of risk and limitation of liability specified herein. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSEE’S SOLE REMEDY FOR LICENSOR’S BREACH OF ANY OR ALL PROVISIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS IN THIS AGREEMENT IS AS SET FORTH IN THIS PARAGRAPH.
Limitation of Liability; No Warranty. I agree that within thirty (30) days after I receive notification that my Open transfer request has been executed, I will tell the Credit Union of any errors, delays, or other problems related to my request. If my funds transfer request is delayed or erroneously executed as a result of the Credit Union’s error, the Credit Union’s sole obligation to me is to pay or refund such amounts as may be required by applicable law. Any claim for interest payable by the Credit Union shall be at the Credit Union’s published savings account rate in effect within the state of the home financial center of the account from which the funds transfer was made. In any event, if I fail to notify the Credit Union of any claim concerning my funds transfer request within one (1) year from the date that I receive notification that my request has been executed, any claim by me shall be barred under applicable law. I AGREE THAT THE CREDIT UNION SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) MY GRANTING THE CREDIT UNION AUTHORITY TO VERIFY A THIRD PARTY ACCOUNT; (2) YOUR DEBIT AND/OR CREDIT OF A VERIFIED ACCOUNT OR YOUR INABILITY TO DEBIT AND/OR CREDIT SUCH ACCOUNT(S) IN ACCORDANCE WITH MY OPEN TRANSFER INSTRUCTIONS; (3) ANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH VERIFYING A THIRD PARTY ACCOUNT OR EXECUTING A TRANSFER WITH A VERIFIED ACCOUNT; (4) ANY CHARGES IMPOSED BY THE FINANCIAL INSTITUTION HOLDING A VERIFIED ACCOUNT; AND (5) ANY TRANSFER LIMITATIONS SET BY A FINANCIAL INSTITUTION HOLDING A VERIFIED ACCOUNT. IN NO EVENT SHALL THE CREDIT UNION BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH MY OPEN TRANSFER REQUEST. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE CREDIT UNION, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. THE CREDIT UNION MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OPEN TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE OPEN TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY THE CREDIT UNION FROM ANY FINANCIAL INSTITUTION HOLDING ANY VERIFIED ACCOUNT OR THAT THE OPEN TR...
Limitation of Liability; No Warranty. You agree that within sixty (60) days after we send your statement, you will tell Blaze of any errors, delays, or other problems related to your request. If your funds transfer request is delayed or erroneously executed as a result of our error, Xxxxx's sole obligation to you is to pay or refund such amounts as may be required by applicable law. Any claim for dividends payable by us shall be at our published savings account rate in effect within the state of the home financial center of the account from which the funds transfer was made. You agree that Blaze shall not be liable for any costs, fees, losses or damages of any kind incurred as a result of (1) your granting us authority to verify a third party account; (2) your debit and/or credit of a Verified Account or your inability to debit and/or credit such account(s) in accordance with your I2I Transfer instructions; (3) any inaccurate or incomplete information received from another financial institution in connection with verifying a third party account or executing a transfer with a Verified Account; (4) any charges imposed by the financial institution holding a Verified Account; and (5) any transfer limitations set by a financial institution holding a Verified Account. In no event shall Blaze be responsible for any incidental or consequential damages or expenses arising in connection with your I2I Transfer request. Except as may be expressly set forth in this Agreement, Blaze, its directors, officers, employees and agents hereby disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third-party rights. Blaze makes no warranty or representation regarding the results that may be obtained from the use of the I2I Transfer service, the accuracy or reliability of any information retrieved by Blaze from any financial institution holding any Verified Account or that the I2I Transfer service will meet any requirements of any user, be uninterrupted, timely, secure or error free.
Limitation of Liability; No Warranty. Nothing express or implied in this BAA shall modify the Limitations of Liability, indemnification clauses, insurance requirements, warranties offered, Service Level Agreements or other terms and conditions contained in the Contracts. If there is any ambiguity or conflict between this BAA and the Contracts, the meaning expressed in the Contracts shall prevail.
Limitation of Liability; No Warranty. CNS shall use reasonable care and its employees and representatives shall operate in a professional workmanlike manner consistent with telecommunications industry standards in maintaining the Premises and in providing any Maintenance Services to the Licensed Area and Equipment. Notwithstanding the foregoing, in no event shall CNS, its officers, directors, employees or representatives be liable for any special, incidental, direct, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including for damage or loss of property or Equipment, loss of profits or revenue, cost of capital, cost of replacement services, or claims for service interruption or transmission problems, occasioned by any defect, failure, alleged or otherwise, in the Premises, any provided Services, or inoperability malfunction of or damage to (in whole or in part) Customer Equipment, or any delay in availability of the Licensed Area, any lack of access to the Premises or any other cause whatsoever with respect to the Premises or provision of any Services, including damages arising from interruption of electrical power or HVAC services. The Licensed Area is accepted “AS IS” by Customer. CNS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE PREMISES, AND THE PROVISION OF ALL SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability; No Warranty. I agree that within thirty (30) days after an A2A transfer request has been executed, I will tell you of any errors, delays, or other problems related to my request. If my funds transfer request is delayed or erroneously executed as a result of GOLD’S error, XXXX's sole obligation to me is to pay or refund such amounts as may be required by applicable law. Any claim for interest payable by GOLD shall be at GOLD’s published Share Savings Account rate in effect within the account from which the funds transfer was made. In any event, if I fail to notify you of any claim concerning my funds transfer request within one (1) year from the date that I receive notification that my request has been executed, any claim by me shall be barred under applicable law. I agree that GOLD shall not be liable for any costs, fees, losses or damages of any kind incurred as a result of (1) my granting you authority to verify a third party account; (2) your debit and/or credit of a verified account or your inability to debit and/or credit such account(s) in accordance with my A2A transfer instructions; (3) any inaccurate or incomplete information received from another FI in connection with verifying a third party account or executing a transfer with a Verified Account;
Limitation of Liability; No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT XXXXXXXXXX.XX AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXXXX.XX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE POUNDTOKEN SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE POUNDTOKEN SERVICES;
Limitation of Liability; No Warranty. 3.1 Each party agrees and acknowledges that, except as may be otherwise provided in this Agreement:
Limitation of Liability; No Warranty. This BAA shall not modify the Limitations of Liability, indemnification clauses, warranties offered or disclaimed, Service Level Agreements or other terms and conditions of any Agreement for Services between the parties.
