Limitation of the Company's Liability. The Company is a party to this Pass Through Agreement solely for purposes of meeting the requirements of the Trust Indenture Act, and therefore shall not be liable hereunder, except as otherwise expressly provided herein, or under the terms of any Series Supplement or any Pass Through Certificates, except as otherwise expressly provided therein.
Limitation of the Company's Liability. The Company will not be liable for (i) any expenses incurred by the Dealer in its performance of the liabilities and obligations under this Contract, or (ii) any direct or indirect losses, damages or expenses sustained by the Dealer or any third party due to any act of the Dealer relying on the proposal or assistance of the Company.
Limitation of the Company's Liability. 11.1. Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for: (i) death or personal injury caused by the Company’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other matter in respect of which it would be unlawful for the Company to exclude or limit liability.
Limitation of the Company's Liability. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE OR THE FAILURE TO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING, TAKING OVER THE SYSTEM, ACCESS CONTROL OR OTHER SERVICES, IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $500.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY THE CUSTOMER AND THE COMPANY. IF THE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THE CUSTOMER’S SOW. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER EXECUTING OR AGREEING TO THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). THE CUSTOMER ACKNOWLEDGES THAT, FOR AN ADDITIONAL FEE, THE CUSTOMER MAY OBTAIN ADDITIONAL PROTECTION FOR THE SITES.
Limitation of the Company's Liability. The following limitation of the Company’s liability shall apply:
Limitation of the Company's Liability. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN OR IN THE COMPANY'S LIMITED WARRANTY ACCOMPANYING DELIVERY OF ANY PRODUCT FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, COLLATERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REPUTATION, AND/OR LOST BUSINESS OPPORTUNITY, SUFFERED BY BSC, ANY END-USER OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRODUCTS, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of the Company's Liability. The liability of the Company under Section 10.4 shall be limited as follows:
Limitation of the Company's Liability. Other than in case of fraud, the total amount of liability of the Company for any damages, liability and loss (including taxes thereon) relating to or arising from breaches of Section 3 of this Agreement shall be limited to the amount that the Investor invested in the capital stock of the Company pursuant to this Agreement; provided, however, that no claim shall be initiated by the Investor in respect of the breach of Section 3 herein until the aggregate of all damages, liabilities and losses incurred by the Investor collectively shall exceed $100,000 and, in such case, the Company shall be liable for all damages, liabilities and losses incurred by the Investor without regard to such $100,000 threshold. The parties acknowledge that a diminution or reduction in the value of the Shares or the Company due to a breach of Section 3 herein shall constitute a damage, liability or loss incurred hereunder. * * * * [SIGNATURE PAGES FOLLOW]
Limitation of the Company's Liability. This agreement contemplates that all investments by or in the Dealer shall be made, and the Dealer shall purchase and resell IMPORTED PRODUCTS, in conformity with the provisions hereof, but otherwise in the discretion of the Dealer and the Dealer's owners. Except as herein specified, nothing herein contained shall impose any liability on the Company in connection with the Dealer's operations under this agreement or otherwise or for any expenditure made or incurred by the Dealer in preparation for performance or in performance of the Dealer's responsibilities under this agreement.
Limitation of the Company's Liability. 8.1. The Company provides no guarantee that the Service or its elements may be suitable for any particular purpose. The Company does not guarantee or promise any specific results from the use of the Service or its elements. The Service, including all scripts, individual elements and design of the Service are provided “as is”.
