Limitation of Liability. Insert the following Section 15, after Section 14:
Limitation of Liability. PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).
Limitation of Liability means limitation of the aggregate amount of liability of any one or more persons in accordance with this Part;
Examples of Limitation of Liability in a sentence
Sections 4 (Prospectus, Marketing Materials and Representations), 12 (Indemnification), 13 (Limitation of Liability) and 18 (Governing Law; Consent to Jurisdiction) hereof, as well as this Section 25, shall survive the termination of this Agreement.
The provisions of Sections 1 (Definitions), 2.7 (Limitations on Use), 3 (Orders and Delivery), 5 (Proprietary Rights), 8.3 (Effect of Termination), 9 (Warranties and Disclaimer), 10 (Indemnification), 11 (Limitation of Liability), 13 (Export Restriction and Compliance with Laws), 14 (Miscellaneous) survive any termination of the Agreement.
The Sections titled "Fees and Payment for Purchase Services," "Proprietary Rights and Licenses," "Confidentiality," "Disclaimers," "Mutual Indemnification," "Limitation of Liability," "Refund or Payment upon Termination," "Portability and Deletion of Your Data," "Who You Are Contracting With, Notices, Governing Law and Jurisdiction," and "General Provisions" will survive any termination or expiration if this Agreement.
This Limitation of Liability shall include, without limitation, any cause or act by Blue Sky or Blue Sky’s agents whether active or passive, or by omissions, negligence or conversion, except for the event of Blue Sky’s fraud, wilful injury or wilful violation of law.
Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms.
More Definitions of Limitation of Liability
Limitation of Liability. We are not responsible for any failure or delay by any bank or other third-party intermediary in executing or failing to execute an Order. We will not be liable for damages arising from the execution of the Order so long as we act in good faith and in accordance with these terms of account. In no event, regardless of the form or nature of the claim or action, will we be liable for punitive, incidental, special or consequential damages arising from the execution of the Order.
Limitation of Liability means the rate or extent of liability within which the owner or such other persons entitled under this Act, may limit the liability or be permitted to limit or cap the liability arising out of claims, in accordance with the procedure laid down and the rates, as may be specified in this Act or as may be prescribed by the Central Government;
Limitation of Liability section shall apply to any claims resulting from this “Mutual Indemnification” section.
Limitation of Liability. THIS AGREEMENT SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES. NEITHER THE OBLIGOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE COVERED PRODUCT, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE OBLIGOR NOR THE ADMINISTRATOR AUTHORIZE ANY PERSON, ENTITY OR SELLER TO CREATE FOR THEM ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS AGREEMENT. INSURANCE: 4WARRANTY’S CORPORATION’S OBLIGATIONS TO PERFORM UNDER THIS AGREEMENT ARE INSURED BY XXXXXX SOUTHERN INSURANCE COMPANY, 00000 XXXXXXXX XXXX XXXX., XXXXX 000, XXXXXXXXXXXX, XX 00000 (800) 888- 2738, EXCEPT IN GEORGIA, NEW YORK, WASHINGTON, AND WISCONSIN. GEORGIA - THE OBLIGOR IS INSURED BY INSURANCE COMPANY OF THE SOUTH, 00000 XXXXXXXX XXXX XXXX., XXXXX 000, XXXXXXXXXXXX, XX 00000 (000) 000-0000. NEW YORK AND WISCONSIN - THE OBLIGOR IS INSURED BY BLUE RIDGE INDEMNITY COMPANY, 00000 XXXXXXXX XXXX XXXX., XXXXX 000, XXXXXXXXXXXX, XX 00000 (000) 000-0000. IF THE OBLIGOR FAILS TO PAY AN AUTHORIZED CLAIM WITHIN SIXTY (60) DAYS, OR IF THE OBLIGOR BECOMES INSOLVENT OR CEASES TO CONDUCT BUSINESS DURING THE TERM OF THIS AGREEMENT, YOU MAY SUBMIT YOUR CLAIM DIRECTLY TO THE APPLICABLE INSURER AT THE ABOVE ADDRESS FOR CONSIDERATION. FINANCIAL GUARANTEE: IN WASHINGTON, OBLIGATIONS UNDER THIS AGREEMENT ARE BACKED BY THE FULL FAITH AND CREDIT OF THE SERVICE AGREEMENT PROVIDER, 4WARRANTY CORPORATION. IF ANY PROMISE MADE IN THE AGREEMENT HAS BEEN DENIED OR HAS NOT BEEN HONORED YOU MAY CONTACT FORTEGRA FINANCIAL CORPORATION AT (000) 000-0000.
Limitation of Liability. I hereby forever waive, release, covenant not to Claim, and discharge HaO and the other Released Parties from any and all Claims that both I and my minor may have arising out of their participation in the HaO event: 1) resulting from the Inherent Risks e.g. for personal injury (including death) from incidents or illnesses arising from the HaO event participation, which may include injury caused during practice runs, the HaO event, and while at the Venue location (including, but not limited to stands, pavements, parking areas, toilet facilities and dressing facilities); and/or 2) resulting from damage to, loss of, or theft of my property during a HaO event; EXCEPT THAT nothing in this Agreement shall limit or exclude either HaO or the Released Parties’ liability for death or personal injury resulting from its negligence. I understand that both I and my minor (or any Releasing Parties acting on my behalf) am entitled to bring a Claim against XxX and/or the Released Parties for death or personal injury caused as a result of the negligence of HaO and/or any of the Released Parties (as applicable). Indemnity I hereby agree to reimburse HaO and the other Released Parties in respect of:
Limitation of Liability. Participant assumes the risk of any loss or damage(s) that Participant may suffer in connection with the Program. PGE and its Representatives shall have no responsibility for the discovery, presence, handling or disposal of or exposure of persons to hazardous materials of any kind in connection with Participant’s site or property. PGE AND ITS REPRESENTATIVES’ LIABILITY IS LIMITED TO THE AMOUNT OF ANY INCENTIVE OWED FOR PARTICIPANT’S PARTICIPATION IN THE PROGRAM. IN NO EVENT WILL PGE OR ITS REPRESENTATIVES BE LIABLE, PURSUANT TO THIS ENROLLMENT AGREEMENT, TO PARTICIPANT OR ANY THIRD PARTY FOR ANY OTHER DAMAGES, WHETHER CHARACTERIZED AS GENERAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHERWISE OR FOR ANY FAILURE OF PERFORMANCE RELATED HERETO HOWSOEVER CAUSED. Additionally, Participant hereby indemnifies against, and holds PGE and its Representatives harmless from any and all losses, liabilities, damages, claims, suits, actions, judgments, assessments, costs and expenses, including by not limited to any interest, penalties, or attorney’s fees arising out of Participant’s participation in the Program.
Limitation of Liability. Dumfries Animal Hospital cannot guarantee the health of any animal, but pledges to give appropriate care to all boarded pets. By signing below, I agree to hold Dumfries Animal Hospital harmless for conditions that often are unavoidable in boarding environments, including, but not limited to: weight loss, rough or matted hair coat, kennel cough, upper respiratory infection, diarrhea, vomiting, and intestinal parasites. Furthermore, I agree to hold Dumfries Animal Hospital harmless for any loss, disease, or injury to persons, property or other pets caused by my pet or inflicted by another boarded animal. For animals sharing a kennel, please sign the Shared Accommodation Waiver.