S LIABILITY Clause Samples
The 'S LIABILITY' clause defines the scope and limitations of one or both parties' legal responsibility for losses, damages, or claims arising under the agreement. Typically, this clause outlines what types of damages are covered or excluded, sets monetary caps on liability, and may specify exceptions for certain types of misconduct such as gross negligence or willful breach. Its core function is to allocate risk between the parties and provide predictability regarding potential financial exposure, thereby helping both sides manage and assess their risks in entering the contract.
S LIABILITY. In addition to any limitations in the Master Agreement, Bank will not be liable to Client for any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the gross negligence or willful misconduct of Bank), including without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature.
S LIABILITY. You must verify the suitability of the property for you and members of your household including any gardens, fences, ponds or outbuildings, especially regarding the safety of pets and young children.
S LIABILITY. The Ag Guild assumes no liability for loss, theft, property damage or personal injury related to the use of the facilities. Renter will be held responsible for payment of any and all damages to the building, furnishings, fixtures or equipment, whether caused by the Renter or attendees at Renter’s event, beyond damage deposit.
S LIABILITY. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
S LIABILITY. Limitation on Landlord's Liability: In the event of Landlord's failure to perform any of its covenants or agreements under this Lease, Tenant shall give Landlord written notice of such failure and shall give Landlord thirty (30) days to cure or commence to cure such failure prior to any claim for breach or resultant damages, provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Landlord shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion. In addition, upon any such failure by Landlord, Tenant shall give notice by registered or certified mail to any person or entity with a security interest in the Premises ("Mortgagee") that has provided Tenant with notice of its interest in the Premises, and shall provide Mortgagee a reasonable opportunity to cure such failure. Tenant agrees that each of the Mortgagees to whom this Lease has been assigned is an expressed third-party beneficiary hereof. Tenant waives any right under California Civil Code Section 1950.7 or any other present or future law to the collection of any payment or deposit from Mortgagee or any purchaser at a foreclosure sale of Mortgagee's interest unless Mortgagee or such purchaser shall have actually received and not refunded the applicable payment or deposit. Tenant Further waives any right to terminate this Lease and to vacate the Premises on Landlord's default under this Lease. Tenant's sole remedy on Landlord's default is an action for damages or injunctive or declaratory relief, with the sole exception that if Landlord fails to perform its maintenance and repair obligations under Section 8.A. Tenant may, after providing Landlord thirty (30) days written notice, undertake such maintenance or repair at its own cost if Landlord has not commenced to do so. This exception does not apply to items which Landlord and Tenant may disagree as to the scope or necessity of work. If Tenant undertakes such work, Tenant shall be entitled to recover from Landlord the reasonable cost of completing such maintenance or repair work, together with interest thereon at the Agreed Interest Rate from the date of Tenant's expenditure until the date Landlord reimburses Tenant therefor.
S LIABILITY. Employer's Liability Application of the Collective Agreement Exceptions Appointment Probationary Period Termination of Probationary Appointment Assignment of Casual Employees Pay in Lieu of Benefits Overtime Holiday Pay Overtime on a Holiday Leaves Rate of Pay upon Appointment Exception to Rate of Pay Pay Increments Employment Relationship Headings
S LIABILITY. 12.1 MARINGO shall be fully liable only for intent and gross negligence and for lack of guaranteed characteristics.
12.2 MARINGO shall be liable for negligence of its contractual obligations, irrespective of which legal reason. The liability is limited to foreseeable damages such as are typical of the contract.
12.3 The liability shall be excluded in all other cases.
12.4 MARINGO shall not be liable for damages if the damages could have been avoided by reasonable measures taken by the user, in particular program and data backup.
12.5 The aforementioned regulations with respect to liability shall also apply to staff members and other vicarious agents of MARINGO.
12.6 The regulations of the product liability law remain unaf- fected.
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S LIABILITY. 10.1 NCC shall not be liable for any loss or damage caused to the Owner or the Licensee either jointly or severally except to the extent that such loss or damage is caused by:
10.1.1 the negligent acts or omissions of; or
10.1.2 a breach of any contractual duty by NCC, its employees, agents or sub-contractors and in such event NCC's total liability in respect of all claims arising under or by virtue of this Agreement shall not (except in the case of claims for personal injury or death) exceed the sum of (pound)500,000.
10.2 NCC shall in no circumstances be liable to the Owner or the Licensee for indirect or consequential loss of any nature whatsoever whether for loss of profit, loss of business or otherwise.
10.3 NCC shall be protected in acting upon any written request, waiver, consent, receipt or other document furnished to it pursuant to this Agreement, not only in assuming its due execution and the validity and effectiveness of its provisions but also as to the truth and acceptability of any information contained in it, which NCC in good faith believes to be genuine and what it purports to be.
S LIABILITY. The claimant or the claimant's legal representative shall have given notice in writing, by registered post, of intention to seek compensation: