Limitation of Licensee’s Liability. Notwithstanding anything to the contrary provided in this Agreement, Licensee shall have no liability for Hazardous Substances or Hazardous Substance Releases, or Environmental Costs arising therefrom, that (i) existed on the Operating Area prior to the Effective Date of this Agreement (except if caused by Licensee or Licensee's agents, employees or contractors), (ii) were caused by the County or the agents, employees or contractors of the County (or other party other than Licensee, its agents, employees, contractors, vendors or invitees) after the Effective Date of this Agreement, or (iii) is the result of a Hazardous Substance Release occurring on property other than the Operating Area which has migrated to the Operating Area through no fault of the Licensee, its employees, agents, contractors or invitees and the Hazardous Substance Release has not been worsened by any action of the Licensee, its employees, agents, contractors or invitees.
Limitation of Licensee’s Liability. The Licensee’s obligations with respect to the Covered Product set forth in paragraph 1 are limited to those obligations set forth in paragraph 2, and in no event shall the Licensee be deemed, solely as a result of having executed this assumption agreement, to have any other obligation under any Federation agreement or to be a signatory to any Federation agreement. In addition, the Licensee’s obligations with respect to the Covered Product are limited to those rights actually acquired by the Licensee and only for the period it holds such rights (except to the extent that it transfers those rights to another party, in which case it shall retain liability unless it obtains an assumption agreement in substantially the same form as this assumption agreement). Identification of Phonograph Recordings/Artists – Submit in the form of Exhibit “A” and attach hereto. Effective Date of Transfer Print Name of Company Print Name of Company By: By: Signature of Authorized Officer Signature of Authorized Officer Print Name of Authorized Officer Print Name of Authorized Officer Address Address City, State, Zip code City, State, Zip code Phone Number Phone Number Date Date Exhibit “A” Identification of Phonograph Records, Concert DVD’s, Traditional Music Videos, covered by the AFM Assumption Agreement [List information for each album and/or song separately] Licensor: Licensee: Name of Artist/Group or Project: Album Title: Album # Title (e.g. name of song/track) Rec. Date Trk Lngth ISRC #
Limitation of Licensee’s Liability. IN NO EVENT SHALL ---------------------------------- LICENSEE BE LIABLE TO SONY FOR ANY PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (i) THIS AGREEMENT OR (ii) THE USE OR DISTRIBUTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT OF ANY OBJECT CODE PROVIDED BY SONY, IN WHOLE OR IN PART, OR ANY LICENSEE SOFTWARE BY LICENSEE OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE, PROVIDED THAT LICENSEE EXPRESSLY AGREES THAT SUCH LIMITATIONS SHALL NOT APPLY TO DAMAGES RESULTING FROM LICENSEE'S BREACH OF SECTIONS 2, 4, 11.2, 12.2 OR 14 OF THIS AGREEMENT, AND PROVIDED FURTHER THAT SUCH LIMITATIONS SHALL NOT APPLY TO AMOUNTS WHICH LICENSEE MAY BE REQUIRED TO PAY TO THIRD PARTIES UNDER SECTIONS 11.2 OR 17.9.
Limitation of Licensee’s Liability. THE LICENSEE SHALL NOT BE LIABLE TO THE COUNTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF THIS AGREEMENT. Nothing in this Section 12.2 shall limit the Licensee's obligation to indemnity, hold harmless, release, and defend the County, its elected and appointed officials, officers, employees, and contractors from claims of any kind arising out of the acts or omissions of the Licensee.
Limitation of Licensee’s Liability. The Licensee’s obligations with respect to the Phonograph Records set forth in paragraph 1 are limited to those obligations set forth in paragraph 2, and in no event shall the Licensee be deemed, solely as a result of having executed this assumption agreement, to have any other obligation under any Federation agreement or to be a signatory to any Federation agreement. In addition, the Licensee’s obligations with respect to the Phonograph Records are limited to those rights actually acquired by the Licensee and only for the period it holds such rights (except to the extent that it transfers those rights to another party, in which case it shall retain liability unless it obtains an assumption agreement in substantially the same form as this assumption agreement).
Limitation of Licensee’s Liability. IN NO EVENT SHALL LICENSEE BE LIABLE TO SONY FOR ANY PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (i) THIS LICENSE AGREEMENT, (ii) THE USE OR DISTRIBUTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT OF ANY OBJECT CODE PROVIDED BY SONY, IN WHOLE OR IN PART, OR ANY LICENSEE SOFTWARE BY LICENSEE OR ANY THIRD PARTY, IN WHOLE OR IN PART, WHETHER
Limitation of Licensee’s Liability. IN NO EVENT SHALL LICENSEE OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PROSPECTIVE PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT BY LICENSEE, THE USE OF THE PRODUCT, ANY LICENSED SUB-LICENSEE OR END USERS, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNIFY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL LICENSEE'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT DAMAGES, EXCEED THE TOTAL AMOUNT PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT.
Limitation of Licensee’s Liability. IN NO EVENT WILL LICENSEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), NO MATTER WHAT THEORY OF LIABILITY, EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES; PROVIDED THAT LICENSEE EXPRESSLY AGREES THAT SUCH LIMITATIONS SHALL NOT APPLY TO ITS OBLIGATIONS TO PROTECT SUN’S SOURCE CODE DISCLOSED UNDER SECTION 7.0, OR TO ITS OBLIGATIONS UNDER SECTIONS 2.1, 2.2, 2.3 2.5, 2.6, 2.8, 2.9, 2.11, 5.2, 9.3, OR 10.7
Limitation of Licensee’s Liability. The following language is added at the end of Section 12.2 as an unnumbered subparagraph: “Notwithstanding anything to the contrary in this Agreement, Licensee’s tort liability shall be governed exclusively in accordance with Maryland Code Annotated, State Government Article, Title 12, as amended from time to time.”
Limitation of Licensee’s Liability. The Licensee shall not be liable for the acts or omissions of the Licensor's employees unless they have acted under the Licensee's instructions.
