LIMITATION OR LIABILITY. The premises, all fixtures thereon, and all property on or around the premises is provided “as is” without any warranties of any kind. Neither iTrip, PDVP nor the Owner shall be responsible for any direct, indirect, consequential, or incidental damages arising out of or relating to this Rental Agreement. The use of premises is “at your own risk.” LIMITED DAMAGE WAIVER PROGRAM
LIMITATION OR LIABILITY. The Escrow Agent shall not be held liable for any loss that may occur by reason of depreciation of the value of any part of the Escrow Fund or any loss incurred on any investment of funds pursuant to this Agreement, except to the extent that such loss is attributable to the fraud, negligence, wilful misconduct or bad faith on the part of the Escrow Agent.
LIMITATION OR LIABILITY. The parties agree that it would not be just or equitable if contribution pursuant to this Section 11 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in Section 11(e). The amount paid or payable by an indemnified party as a result of the losses, claims, damages and liabilities referred to in Section 11(e) shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 11, no Underwriter shall be required to contribute any amount in excess of the amount by which the total price at which the Shares underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this
LIMITATION OR LIABILITY. 6.1 Text omitted per Request For Confidential Treatment By Pinnacle Business Management, Inc.
LIMITATION OR LIABILITY. (1) Except as otherwise provided in this Agreement, either Party's liability for slight negligence is limited to a breach of duties essential to this Agreement and to typical damage foreseeable at the time of execution of this Agreement. This limitation does not apply to damage to life, body or health. As far as any damage is covered by insurance, either Party is only liable for costs or losses of the other Party in connection with that insurance.
LIMITATION OR LIABILITY. If the Product fails to meet the specifications warranted in Section 6, APCI, as APCI’s sole liability and CUSTOMER’s sole and exclusive remedy, will either (a) promptly manufacture conforming Product and properly dispose of such off specification Product, or (b) reimburse CUSTOMER for the price paid by CUSTOMER, the cost of Raw Materials, Customer Supplied Raw Material, Containers, shipping, Packaging and Fees. In addition, unless CUSTOMER knowingly and in writing directed APCI to ship or load such off specification Product, if such off specification Product has been shipped or loaded, APCI will, at CUSTOMER’s option, promptly substitute and ship, at APCI’s sole cost and expense, conforming Product and, if returned to APCI, such off specification Product will be properly disposed of at APCI’s sole cost and expense. NOTWITHSTANDING THE FOREGOING, NO CLAIM OF ANY KIND, WHETHER BASED ON DELIVERY OR NON-DELIVERY OF PRODUCT OR ON TORT (E.G., NEGLIGENCE, STRICT LIABILITY, ETC.) SHALL BE GREATER IN AMOUNT THAN THE SUM CHARGED TO CUSTOMER FOR THE PRICE PAID BY CUSTOMER, THE COST OF RAW MATERIALS, CUSTOMER SUPPLIED RAW MATERIAL, CONTAINERS, SHIPPING, PACKAGING AND FEES TO WHICH SUCH CLAIM RELATES. Any claims by CUSTOMER must be received by APCI in writing within sixty (60) days of the date of shipment or scheduled shipment (in the case of non-delivery). Failure to deliver notice of claim to APCI within such sixty (60) days period will constitute a waiver by CUSTOMER of all claims in respect of such delivery or non-delivery.
LIMITATION OR LIABILITY. Bankline’s liability under this Agreement for monetary damages resulting from claims made by Customer or any third party arising from or related to the services provided under this Agreement shall be limited to the amount of actual damages incurred by Customer or the amounts paid by Customer during the [***] period immediately preceding the event in which liability accrued, whichever is less. Additionally, Bankline shall be responsible for costs and expenses, incurred by Customer hereunder. No action arising out of the services of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. This paragraph shall not apply to equitable actions to enforce the provisions of this Agreement.
LIMITATION OR LIABILITY. 6.1 LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OFANY NATURE AND FROM ANY CAUSE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF STATUTORY PROPRIETARY RIGHTS, INCLUDING PATENT, COPYRIGHT OR TRADEMARK (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4 ABOVE). OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE FURTHER AGREES THAT LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR USE, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND AGAINST I.ICENSEE BY ANY OTHER PARTY.
LIMITATION OR LIABILITY. The Inspectors liability for mistakes or omissions in this inspection report is limited to a refund of the fee paid for this inspection and report. The liability of the Inspectors, Principals, Agents, and Employees are also limited to the fee paid. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions in this inspection and report. This liability limitation is binding on client and clients spouse, heirs, principals, assigns, and anyone else who may otherwise make a claim through the client. The Client assumes the risk of all losses greater than the fee paid for the inspection. The clients agree to immediately accept a refund of the fee as full settlement of any and all claims which may ever arise from this inspection.
LIMITATION OR LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PROVIDER BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, ARISING OUT OF, OR RELATING TO THIS CONTRACT OR CLIENT’S RENTAL OF THE CONTRACT PREMISES. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY CLIENT IN CONNECTION WITH THIS CONTRACT, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. AS EVIDENCED BY CLIENT’S SIGNATURE, CLIENT ACKNOWLEDGES THE PREMISES CONTAINS ANIMALS, BOTH DOMESTICATED AND WILD. CLIENT ACKNOWLEDGES AN UNDERSTANDING OF THE DANGERS, KNOWN AND UNKNOWN, OF DOMESTICATED AND WILD ANIMALS. IN SO ACKNOWLEDING, CLIENT ASSUMES ANY RISK FOR ANY INJURIES ARISING OUT OF ANY ANIMAL ON THE PREMISES.
