Not Liable. IN THE CASE OF ANY GUARANTOR THAT IS A TRUST, NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF SUCH GUARANTOR SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, SUCH GUARANTOR. ALL PERSONS DEALING WITH SUCH GUARANTOR, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF SUCH GUARANTOR FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION OWING BY SUCH GUARANTOR HEREUNDER. THE PROVISIONS OF THIS SECTION SHALL NOT LIMIT ANY OBLIGATIONS OF ANY LOAN PARTY.
Not Liable. SAP and its licensors will not be liable for any Licensee activities not permitted under this Agreement including without limitation to the extent that any liability arises from: (i) the Software not being used in accordance with the Documentation; or (ii) any defect or liability caused by Licensee, a Modification or Add-on (other than a Modification or Add-on made by SAP and provided through SAP Support or under warranty), or third party software; or (iii) the Software being used in conjunction with any third party software for which the Licensee lacks sufficient rights from the third party vendor for such use; SAP and its licensors shall not be liable for any claims or damages arising from inherently dangerous Use of the Software and/or Third Party Software.
Not Liable. To the full extent permitted by law, we are not liable for any indirect, economic, special or consequential loss or damage of any nature, including, without limitation, any loss of business or revenue, loss of profits, loss of opportunity, loss of goodwill, anticipated savings or expenses, in connection with or arising out of this Agreement or the hire of the Equipment or Carriage. Nothing in this clause does, or is intended to, exclude or limit any rights you may have under the Australian Consumer Law which cannot lawfully be excluded or limited. To the extent permitted by s.64A of the Australian Consumer Law in respect of goods and services other than of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited to the re-supply of the relevant goods or services.
Not Liable. The Sellers' Representative shall not have, by reason of this Agreement, a fiduciary relationship in respect of any Seller Party, except in respect of amounts received on behalf of such Seller Party. The Sellers' Representative shall not be liable to any Seller Party for any action taken or omitted by him or any agent employed by him hereunder or under any Other Transaction Document, or in connection therewith, except that the Sellers' Representative shall not be relieved of any liability imposed by law for gross negligence or willful misconduct. The Sellers' Representative shall not be liable to the Seller Parties for any apportionment or distribution of payments made by him in good faith and, if any such apportionment or distribution is subsequently determined to have been made in error, the sole recourse of any Seller Party to whom payment was due, but not made, shall be to recover from the other Seller Parties any payment in excess of the amount to which they are determined to have been entitled. The Sellers' Representative, in such capacity, shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions, or conditions of this Agreement or any Other Transaction Document.
Not Liable. None of the directors, officers, partners, agents, counsel, consultants or employees of any party hereto or of any third party beneficiary shall be personally liable for any action taken or omitted to be taken by any of them or by any such party under or in connection with this Agreement and the other Definitive Agreements, except for willful misconduct.
Not Liable. We are not liable for any indirect, economic, special or consequential loss or damage of any nature, including, without limitation, any loss of business or revenue, loss of profits, loss of opportunity, loss of goodwill, anticipated savings or expenses, in connection with or arising out of this Agreement or the supply of the Equipment or Carriage.
Not Liable. Nothing in this Agreement shall exclude or in any way limit each party’s liability for damages resulting from (a) unauthorized Use or disclosure of Confidential Information; or (b)death or personal injury arising from either party’s gross negligence (‘bewuste roekeloosheid’); or arising from either party’s fraud or willful misconduct; or (c) SAP’s obligations under section 8.1.
Not Liable. All covenants, stipulations, obligations and agreements of the County and the City, contained in this Agreement, shall be deemed to be covenants, stipulations, obligations and agreements of the County and the City, respectively, to the full extent authorized by the Cooperative Act, and provided by the Constitution and laws of the State of Florida. No covenant, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the City or the County in its, his, her or their individual capacity and neither the members of the governing body of the City or the County nor any official executing this Agreement shall be liable personally or shall be subject to any accountability by reason of the execution by the City or the County of this Agreement or any act pertaining hereto.