LIABILITY AND LIMITATION OF DAMAGES. Ovation's obligation to Client is to exercise reasonable care in providing freezing and storage services as set forth in this Agreement. Ovation cannot guarantee that, and is not liable if, the reproductive materials it processes or accepts for storage: are not recovered, do not survive any of the contemplated processes, are not of suitable quality for transfer, are damaged, degenerate, lost, or do not result in a pregnancy, birth, or child who is free of birth defects. Under no circumstances and legal theory, whether in tort, contract or otherwise, shall Ovation, its suppliers, successors or assignees, be liable to Client or Child born of the reproductive materials or any other person for any indirect, incidental, consequential or special damages whatsoever, arising out of the freezing, shipment, storage, or related services rendered by Ovation. Client also agrees that in the event of loss or destruction of Client’s reproductive materials by any reason whatsoever, damages as a result thereof would be highly conjectural and speculative and would be difficult to determine. Accordingly, Client agrees that in no event shall Ovation's total liability for all damages in any one or more causes of action, whether in contract, tort or otherwise, exceed the storage fee paid by Client for the particular year in which the loss occurs. Client acknowledges and agrees to be bound by the terms of these limitations on damages: Client’s Initials: _
LIABILITY AND LIMITATION OF DAMAGES. (a) Warehouse shall not be liable for any loss of or damage to Goods that Warehouse has received for Services, however caused, unless such loss or damage was because of Warehouse’s failure to exercise care in regard to the Goods that a reasonably careful person would exercise under similar circumstances. Warehouse shall not be liable for damages that could not have been avoided by the exercise of that care.
LIABILITY AND LIMITATION OF DAMAGES. (a)TC Trading shall not be liable for any loss or destruction of or damage to Goods, however caused, unless such loss, destruction or damage resulted from TC Trading’s failure to exercise such reasonable care regarding the handling and storage of the Goods. TC Trading shall not be liable for any loss or destruction of or damage to Goods while in transit. “
LIABILITY AND LIMITATION OF DAMAGES x. XXXXX USA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED OR HANDLED HOWEVER CAUSED UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE BY LEMAN USA TO EXERCISE SUCH CARE IN REGARD TO SUCH GOODS AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND LEMAN USA IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
LIABILITY AND LIMITATION OF DAMAGES. The Contractor must indemnify, save, and hold the Governmental Entity, its agents, and employees harmless from any claims or causes of action, including reasonable attorney’s fees incurred by the Governmental Entity for damages, resulting from any third-party claims or causes of action directly and proximately caused by the negligence of the Contractor while engaged in the performance of services under this contract. As a condition to the foregoing indemnity obligations, the Governmental Entity shall provide the Contractor with prompt notice of any claim for which indemnification shall be sought hereunder and shall cooperate in all reasonable respects with the Contractor in connection with any such claim. In accordance with Minnesota Statutes, Section 8.06, the State’s Attorney General’s Office must provide consent and approval with respect to Contractor’s ability and right to control the handling of any such claim and to defend or settle any such claim with counsel of its own choosing. Notwithstanding the foregoing the Governmental Entity agrees that Contractor, its principals, members and employees shall not be liable to the Governmental Entity for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the services performed hereunder in excess of an aggregate amount of $2,000,000 or an amount equal to two times (2x) the total contract value, whichever amount is greater. This clause will not be construed to bar any legal remedies the Contractor may have for the Governmental Entity’s failure to fulfill its obligations under this contract. VERSION 4 (Indemnity with notice and cooperation, capped and some types of damages waived)
LIABILITY AND LIMITATION OF DAMAGES. The Contractor must indemnify, save, and hold the Governmental Entity, its agents, and employees harmless from any claims or causes of action, including reasonable attorney’s fees incurred by the Governmental Entity for damages, resulting from any third-party claims or causes of action directly and proximately caused by the negligence of the Contractor while engaged in the performance of services under this contract. As a condition to the foregoing indemnity obligations, the Governmental Entity shall provide the Contractor with prompt notice of any claim for which indemnification shall be sought hereunder and shall cooperate in all reasonable respects with the Contractor in connection with any such claim. In accordance with Minnesota Statutes, Section 8.06, the State’s Attorney General’s Office must provide consent and approval with respect to Contractor’s ability and right to control the handling of any such claim and to defend or settle any such claim with counsel of its own choosing. Notwithstanding the foregoing the Governmental Entity agrees that Contractor, its principals, members and employees shall not be liable to the Governmental Entity for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the services performed hereunder in excess of an aggregate amount of $2,000,000 or an amount equal to two times (2x) the total contract value, whichever amount is greater. In no event shall Contractor, its principals, members, or employees be liable for consequential, special, indirect, incidental, punitive, or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs.) This clause will not be construed to bar any legal remedies the Contractor may have for the Governmental Entity’s failure to fulfill its obligations under this contract CONTRACTOR The Contractor certifies that the appropriate person(s) have executed the Contract on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. Signed: ________________________________________________ Printed Name: __________________________________________ Title: __________________________________________________ Date: __________________________________________________ GOVERNMENTAL ENTITY Signed: ________________________________________________ Printed Name: __________________________________________ Title: __________________________________________________ Date: __...
LIABILITY AND LIMITATION OF DAMAGES a. TELEFORWARDING USA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILIY IN RELATION TO THE TELEFORWARDING USA SERVICES. NEITHER TELEFORWARDING USA NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH SERVICES.
LIABILITY AND LIMITATION OF DAMAGES. (a) Company shall not be liable for any loss or destruction of or damage to the Goods, however caused, unless such loss, damage or destruction resulted from Company’s failure to exercise such care in regard to the Goods as a reasonably careful person would exercise under like circumstances. Company is not liable for damages which could not have been avoided by the exercise of such care. Company and Customer agree that Company’s duty of care referred to herein shall not extend to providing a sprinkler system at the warehouse complex or any portion thereof.
LIABILITY AND LIMITATION OF DAMAGES a) TME’s entire liability and Client’s exclusive remedy for any claims concerning this Agreement and the Services provided under this Agreement are set forth in this section. Notwithstanding anything to the contrary in this Agreement, TME and its employees, agents, representatives or contractors, will not be liable to Client for any special, indirect, incidental, punitive, or consequential damages (including lost profits) sustained or incurred in connection with this Agreement, arising out of any service provided or arranged by TME or any of its service providers.
LIABILITY AND LIMITATION OF DAMAGES. 1. WAREHOUSEMAN DOES NOT INSURE THE GOODS WHILE IN STORAGE, AND THE STORAGE RATES OR CHARGES BILLED TO DEPOSITOR DO NOT INCLUDE ANY INSURANCE ON THE GOODS. THE GOODS WILL THEREFORE NOT BE INSURED FOR ANY LOSS OR DAMAGE HOWEVER CAUSED. DEPOSITOR IS RESPONSIBLE FOR INSURING GOODS TENDERED FOR STORAGE. IF NONE IS PROCURED, DEPOSITOR IS DEEMED TO HAVE ELECTED TO SELF-INSURE.
