Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to Applicable Law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of fraud or fraudulent misrepresentation. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care.
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to liability for claims arising out of or related to the DSA where the form of action is based on torts; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our, our legal representatives’ or our subcontractors’ negligence; (iv) in cases of fraud or fraudulent misrepresentation; or (v) to the extent that liability cannot be limited or excluded according to applicable product liability law. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care.
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply:
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to contractual obligations the fulfillment of which is essential for the due and proper performance of the DSA (Kardinalpflichten), provided that our liability is limited to damage or loss which is reasonably foreseeable; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our, our legal representatives’, or our subcontractors’ negligence; (iv) in cases of fraud or fraudulent misrepresentation; or
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to contractual obligations the fulfillment of which is essential for the due and proper performance of the MindSphere Agreement (Kardinalpflichten), provided that our liability is limited to damage or loss which is reasonably foreseeable; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our, our legal representatives’, or our subcontractors’ negligence;
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to contractual obligations the fulfillment of which is essential for the due and proper performance of the MMA (Kardinalpflichten), provided that our liability is limited to the damage or loss which is reasonably foreseeable; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our, our legal representatives’ or our subcontractors’ negligence; (iv) in cases of fraud or fraudulent misrepresentation; and (v) to the extent that liability cannot be limited or excluded according to applicable product liability law.
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to liability for claims arising out or related to the MMA where the form of action is based on torts;
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to Applicable Law or Italian Law; (ii) in cases of willful misconduct and gross negligence;
Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to contractual obligations the fulfillment of which is essential for the due and proper performance of the MindSphere Agreement (Kardinalpflichten), provided that our liability is limited to damage or loss which is reasonably foreseeable; (ii) in cases of willful misconduct and gross negligence;
Scope of Limitations and Exclusions. The limitations and exclusions of liability also apply to the benefit of ABB's Affiliates, suppliers, licensors, subcontractors as well as ABB's and their directors, officers, employees and representatives. Reseller may not assert any claim for breach or non-performance under a Reseller Contract against ABB, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, unless Reseller has given ABB written notice of the claim within 1 (one) year after Xxxxxxxx first knew or reasonably should have known of the facts giving rise to such claim. The limitations and exclusions of ABB's liability do not apply to the extent liability cannot be limited or excluded by applicable Laws. For Pilot Services, the limitations in Section 7.3 apply.
