Limitation of Liability. To the extent permitted under governing law, we shall only be liable in cases of proven willful misconduct or gross negligence. In no event will we be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to DPML Plus blocks, or use of the SRS or the Donuts Website, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by Register to apply a DPML Plus block or not on the basis of information from the TMCH. To the extent allowed under applicable law, Register aggregate liability for damages shall in any case be limited to the amounts paid by you in relation to the DPML Plus concerned. You agree, and represent and warrant to submit to a binding arbitration for disputes arising from the DPML Plus Terms and Conditions and related to the application of DPML Plus blocks. You agree, and represent and warrant to hold Register and Donuts harmless from claims filed or disputes initiated by third parties, and that each shall compensate we and/or Donuts for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the DPML Plus Application infringes the rights of a third party. For the purposes of this Section, the term “we” shall also refer to our stockholders, directors, employees, members, subcontractors, the TMCH and their respective directors, agents and employees.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. (a) The Seller shall do its best endeavor to deliver the Products within the time agreed (if any), but it shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the contract or delivery of the Products.
Limitation of Liability. (a) Xxxxxx che nei casi di giustificata contestazione sollevati conformemente a quanto previsto nel precedente paragrafo 5, all’Acquirente non è riconosciuto alcun ulteriore diritto o rimedio. In particolare, il Venditore non è responsabile per alcun indennizzo richiesto per violazione o inadempimento contrattuale, per qualsiasi danno diretto o perdita di profitto sopportato dall’Acquirente in conseguenza dell’uso, del mancato uso, o dell’installazione dei Prodotti in altri prodotti, ad eccezione dei casi coperti da garanzia indicati nel paragrafo 6 o in caso di dolo o colpa grave da parte del Venditore
Limitation of Liability. 7.1 Except for the warranty referred to in article 6 above, MUNTERS ITALY S.P.A. shall not be liable for, and the Purchaser waives its right to bring any claims against the Seller with respect to, losses or damages suffered by the Purchaser (including, as mere way of example and without limitation, consequential loss or loss of profits) caused by lack of quality or defects of the Products, or by breaches of obligations undertaken by MUNTERS ITALY S.P.A. under the Agreement, except for MUNTERS ITALY S.P.A.’s willful misconduct or gross negligence.
Limitation of Liability. 1. The products commercialized by the Seller are manufactu- red in conformity to the valid and applicable law both in Italy; any peculiar technical requirement requested different from Seller’s offered version must be previously agreed in written form by and between the parties and the Buyer will take only on himself the entire risk of a possible non-compliance betwe- en the Italian norms and the ones of the country where the Goods are to be dispatched, keeping the Seller out of any re- sponsibility.
Limitation of Liability. 15.1. The Supplier shall not in any circumstances have any liability in connection with the Goods or any Support Services for any losses or damages which may be suffered by the Buyer (or any person claiming under or through the Buyer), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: special damage even if the Supplier was aware of the circumstances in which such special damage could arise; loss of profits; loss of anticipated savings; loss of business opportunity; loss of goodwill; loss or corruption of data; or loss or corruption of any compounds or materials.
Limitation of Liability. A. Exclusion of damages. Except for breaches of confidentiality provisions, in no event will either party be liable for any consequential, indirect, exemplary, special, incidental or reliance damages, including any lost data and lost profits, arising from or relating to this agreement, even if such party knew or should have known of the possibility of, or could reasonably have prevented, such damages.
Limitation of Liability. To the extent permitted under governing law, we or Donuts shall only be liable in cases of proven willful misconduct or gross negligence. In no event we or Donuts shall be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to DPML Blocks, or use of the SRS, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by Donuts to apply a DPML Block or not on the basis of information from the TMCH. To the extent allowed under applicable law, our and Donuts aggregate liability for damages shall in any case be limited to the amounts paid by the Customer in relation to the DPML Application. The Customer agrees, that no greater or other damages may be claimed from our company or Donuts . The Customer further agrees, to submit to a binding arbitration for disputes arising from the application of DPML Blocks. The parties specifically acknowledge and agree that any cause of action brought by the Customer arising out of or related to this Agreement must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently waived. The Customer agrees to hold our company and Donuts harmless from for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the DPML Application infringes the rights of a third party.
Limitation of Liability. 28.1 Except in cases of criminal negligence or wilful misconduct, and in the ca e of infringement pursuant to Clause 6;