Notwithstanding anything to the contrary. CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE OTHER PARTY OR ANY THIRD PARTY, WHETHER FORESEEABLE OR NOT AND REGARDLESS OF THE FORM, LEGAL, THEORY OR BASIS OF RECOVERY OF ANY SUCH CLAIM. IN NO EVENT SHALL ANY PROJECTIONS OR FORECASTS BY EITHER PARTY BE BINDING AS COMMITMENTS OR, IN ANY WAY, PROMISES BY SUCH PARTY, AND ANY FAILURE BY EITHER PARTY TO ACHIEVE ANY MINIMUM NUMBER OF SUBSCRIBERS SHALL NOT CONSTITUTE A BREACH OR OTHER CAUSE OF ACTION OR ENTITLE THE OTHER PARTY TO REMEDIES EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. CONFIDENTIALITY ---------------
Notwithstanding anything to the contrary in Section 3.5.1 above, Licensor shall authorize Licensee to Transmit in High Definition resolution in the applicable Territory each and any Current Film and/or Library Film that Licensor or any other SPE Entity makes available to any Other Distributor for distribution in High Definition resolution on a VOD basis in such Territory. For clarity, this Section 3.5.2 shall not in any way be deemed to limit Licensor’s right to delay the Availability Date of up to 10% of Current Films hereunder in order to provide for earlier exclusive distribution through an Other Distributor, as more particularly provided in Section 3.3 of the Principal Terms.
Notwithstanding anything to the contrary the District may terminate this SLA by giving written notice to the Contractor: (i) if the District determines in its reasonable discretion at any time prior to the Operative Date that the conditions precedent set forth in Section 2 herein will not be satisfied or will not be timely satisfied, in which event neither Party shall have any obligation to the other Party pursuant to the LLB Agreements except as provided in the PSA; or
Notwithstanding anything to the contrary. (i) the Contractor must have the Professional Liability Policy in full force and effect prior to commencing the Preconstruction Services; (ii) each renewal or replacement of the Professional Liability Policy that occurs during the PSA Term must have a retroactive date that is prior to the date the Contractor commenced the Preconstruction Services; and (iii) the Contractor must maintain the Professional Liability Policy in full force and effect, AND APPLICABLE TO CLAIMS ARISING FROM THIS PSA, without any gaps in coverage, for a period of at least two years following final completion and acceptance of the Preconstruction Services. If the claims reporting period applicable to the Preconstruction Services, as specified in or determined pursuant to the Professional Liability Policy, will terminate prior to the end of such two-year period, the Contractor must at its cost obtain and provide to the District an endorsement to extend the claims reporting period to include whatever remains of such two-year period. Otherwise, as and when necessary, the Contractor must at its cost obtain a supplemental extended reporting period (tail) applicable to the Professional Liability Policy to provide coverage until the end of such two-year period. Such tail coverage shall be required, for example: (i) if the Contractor intends to switch insurance carriers and the prospective new carrier will not agree to cover claims arising from the Preconstruction Services submitted at any time prior to the end of such two-year period; (ii) if the Contractor’s business is to be wound-up or otherwise terminated, whether voluntarily or involuntarily; or (iii) when necessary for any other reason to ensure that professional liability insurance applicable to the Preconstruction Services is in effect at all times as required by this Part 5.
Notwithstanding anything to the contrary. Contained Herein, Neither Of The Parties Will Be Liable To The Other Party For Any Consequential, Indirect, Incidental, Special Or Punitive Damages From Any Cause Whatsoever, Whether Based In Contract, Tort (Including Negligence), Strict Liability Or Any Other Legal Theory Unless (a) Such Damages Result From The Gross Negligence Or Intentional Misconduct Of Such Party Or Any Of Its Affiliates, Contractors Or Employees Or (b) Such Damages Are Payable By An Indemnified Person Pursuant To A Third Party Action For Which Indemnification Is Available Hereunder.
Notwithstanding anything to the contrary except for bodily injury of a person, Company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this Agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (b) for any indirect, exemplary, incidental, special or consequential damages; (c) for any matter beyond Company’s reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by Client to Company for the services under this Agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not Company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary. (a) the Licensee shall, subject to the provisions hereof, be entitled to seek an excuse from performance of its concerned obligations hereunder due to Force Majeure only if the Concession Agreement permits GGIAL to seek an excuse from performance of its corresponding obligations in accordance with the force majeure as defined under the Concession Agreement and the excuse from performance shall be of no greater scope and of no longer duration than the excuse available to GGIAL;
