Limitation of Liability and Indemnities. 13.1 Save as provided in Clauses 13.2 and 13.4, and subject to Clause 13.8, no Provider or its Affiliates or any of their respective directors, officers or employees or any of the heirs, executors, successors and or assigns of any of the foregoing (each, a “Provider Indemnified Party”) shall have any liability in contract, tort or otherwise to the Recipient or its Affiliates or Representatives for or in connection with any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or
Limitation of Liability and Indemnities. 31.1. Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365.
Limitation of Liability and Indemnities. 16.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. DISTRIBUTOR assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products.
Limitation of Liability and Indemnities. 31.1 Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TRADE NATION.
Limitation of Liability and Indemnities. Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the Product, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. SUPER STOCKIST assumes all risk and liability for any loss, damage or injury resulting from the sale and use of the Product, either alone or in combination with other products. SUPER STOCKIST hereby agrees to defend, indemnify and hold harmless NAFED against any liability, losses, damages or costs (including any legal costs) incurred or suffered by NAFED as a result of any breach, negligent act or omission or wilful default on the part of SUPER STOCKIST, or its Representatives arising either directly or indirectly from the performance (or non-performance) by SUPER STOCKIST or any of its Representatives of any obligations under this Agreement. NAFED shall not be liable to the SUPER STOCKIST for any special, indirect, consequential, punitive or exemplary damages, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business. Notwithstanding anything to the contrary herein, if NAFED notifies SUPER STOCKIST that any of the Product needs to be recalled or otherwise withdrawn from the market, and SUPER STOCKIST refuses or otherwise fails to do so in a timely fashion, SUPER STOCKIST agrees to indemnify NAFED, its affiliates, and their respective officers, directors, employees, agents and shareholders, from and against any and all liability, loses, damages or costs, including legal costs, incurred or suffered by NAFED as a result of any such failure or refusal. FORCE MAJEURE No failure or omission by NAFED or SUPER STOCKIST in the performance of any obligation under this Agreement shall be deemed a breach of this Agreement or create any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the control of NAFED or SUPER STOCKIST, as the case may be, including but not restricted to acts of God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, strike, lock out and transportation embargoes, provided that the party relying on this Section shall forthwith after any such event give written notice to the other party of its in...
Limitation of Liability and Indemnities. 13.1 Any and all disputes between you and a Cardholder or another person relating to the receipt, quality, price or satisfaction of goods or services furnished by you or any act or omission of you arising out of a Transaction (unless the amount of such Transaction has not been credited to your Account by us or has been charged back to you), must be handled directly by you without any liability to us.
Limitation of Liability and Indemnities. 19.1 Except as expressly provided in this Agreement, there are no representations or warranties, express or implied, statutory or otherwise, relating to the subject matter of the License Grant, the RDT IP, and the Equipment, including, without limitation, any implied warranty of merchantability or fitness for any particular purpose. Licensee assumes all risk and liability for any loss, damage or injury resulting from its exercise of the License Grant.
Limitation of Liability and Indemnities. 4.1 Our Products are provided on an “as is” and “as available” basis, and to the maximum extent compatible with the law, without warranties or representations of any kind as to merchantability, noninfringement or fitness for any particular purpose.
Limitation of Liability and Indemnities. 8.1 Neither we nor our nominees, agents, representatives, correspondents or attorneys shall be liable to you for any act, delay or failure to act on our part and/or the part of our nominees, agents, representatives, correspondents or attorneys, in respect of the Charged Property. In particular and without limitation to the generality of the foregoing, neither we or our nominees, agents, representatives, correspondents or attorneys shall be liable for any loss or damage howsoever arising from, through or occasioned by any of the following:
Limitation of Liability and Indemnities. 8.1 The Licensor shall not be liable to you, your employees, agents or sub-contractors or any third party for any loss or damage of whatsoever nature and howsoever arising (including consequential, indirect, punitive, special or incidental loss or damage which shall include but shall not be limited to loss of property or loss of profit, business, goodwill, revenue or anticipated savings) or any costs, claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability, in delict or otherwise, whether asserted against the Licensor or against you by any third party and whether based on or in relation to this Agreement, the Licensed Software, or any services undertaken under or in connection with this Agreement or the Licensed Software, the rendering or non-rendering of such services, their withdrawal or suspension, or otherwise.
