however arising definition
however arising when used or referred to in this Section 6 covers all causes and actions giving rise to the liability of a Party arising out of or in connection with this EPN Agreement and/or any products, services or activities supplied or performed by that Party under this EPN Agreement, including whether arising by reason of any misrepresentation (whether made prior to and/or in this EPN Agreement) negligence, breach of statutory duty, other tort, repudiation, renunciation or other breach of contract, restitution or otherwise.
however arising when used or referred to in these Terms and Conditions shall cover
however arising when used or referred to in this clause covers all causes and actions giving rise to the liability of the Supplier arising out of or in connection with the Contract and/or the Goods including whether arising by reason of any (i) misrepresentation, negligence, breach of statutory duty, other tort, repudiation, renunciation or other breach of contract, restitution or otherwise; or (ii) total or partial failure or delay in supply or defective Goods. The exclusions and limitations of liability contained in this Agreement and in the Contract shall apply regardless of whether the loss or damage was foreseeable or whether the Customer notifies the Supplier of the possibility of any greater loss or damage, but shall not apply to the extent not permitted by law and, in particular, nothing in this Agreement shall affect liability for death or personal injury caused by negligence or for fraudulent misrepresentation or other fraud. Where the Contract is entered into with a Consumer, the statutory rights of the Customer are not affected by this Agreement. The Customer should consider taking out its own insurance, and the Customer acknowledges that it had the opportunity to negotiate variations to the exclusions and limitations, upon the agreement of a higher price.
Examples of however arising in a sentence
Notwithstanding Section 6.1.1, each Party’s liability to the other Party, However Arising, for all claims in total shall be limited to the higher of (i) 1.5 X (one and a half times) the Fees paid and/or payable by the other Party in total under this EPN Agreement or (ii) $50,000 US dollars.