Limitation of Liability and Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, IN NO EVENT SHALL TECNOGLASS OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, MEMBERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF TECNOGLASS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
Limitation of Liability and Release. By entering the Challenge, the Entrant Team agrees that the Challenge Parties will not be responsible or liable for any claims, injuries, costs, losses or damages (collectively “Claims”) resulting from any Entrant Team’s participation in or attempt to participate in the Challenge or use of any prize, including, without limitation, those Claims arising in connection with any of the following occurrences that may affect the operation of the Challenge: laboratory errors, technical failures or malfunctions of any kind; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Challenge, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Challenge. The Challenge Parties are not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected information or reports or for any typographical errors in the announcement of the prize or in these Official Rules, (ii) any inaccurate or incorrect data contained on promotional materials, or (iii) any error in the administration of the Challenge or announcement of the prize and/or all Challenge-related materials. As a condition of entering, the Entrant Team agrees (and agrees to confirm in writing if requested by Sponsors): (a) to forever discharge, release, and hold harmless the Challenge Parties from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Challenge or the prizes, however caused; (b) under no circumstances will the Entrant Team be permitted to obtain awards for, and the Entrant Team hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages from the Challenge Parties; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If the Entrant Team is a California resident, the Entrant Team hereby waives California Civil Code Section 1542, which states,...
Limitation of Liability and Release. 5.1 This Agreement does not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth State or Territory which cannot be excluded, restricted or modified including Australian Consumer Laws.
Limitation of Liability and Release. Sponsor, its subsidiaries, officers, directors, employees and agents, including without limitation, its advertising agencies, printers and other suppliers, shall not be liable for and expressly disclaim any and all liability for any injury, liability, expense, cost, damage, penalty or loss of any kind incurred or caused by a Member, their family, or their guests (i) in connection with the utilization of or participation in any Perks by CLUB WYNDHAM program or benefit, or (ii) resulting from any acts or omissions of any individual or entity providing a product, benefit or service in the Perks by CLUB WYNDHAM program. Sponsor's liability for any other loss or damage incurred by a Member through use of the Perks by CLUB WYNDHAM programs or benefits is limited to the fee paid by such Member for membership in Perks by CLUB WYNDHAM. The Member hereby agrees to release and hold harmless Sponsor, its subsidiaries, successors and assigns, its and their advertising agencies, printers and other suppliers, as well as its officers, directors, employees and agents for any injury, liability, expense, cost, damage, penalty or loss of any kind incurred by Member, the Member’s family or guest during any trip or utilization of any Perks by CLUB WYNDHAM program or benefit and for any related damage, theft or loss caused or incurred by the Member, the Member’s family or guest.
Limitation of Liability and Release. (a) Except in the event of intentional fraud in connection with this Agreement, each Party’s total cumulative liability to the other Party for all claims of any kind, whether based upon contract, tort (including negligence and strict liability), or otherwise, for any loss, injury, or damage connected with, or arising from, this Agreement or the Assets, shall not exceed the aggregate Purchase Price for the Assets. In no event, whether as a result of a breach of contract, tort (including negligence and strict liability), or otherwise shall either Party be liable for any or all special, indirect, incidental, penal, punitive or consequential damages of any nature in connection with, or arising from, the transactions contemplated by this Agreement, including, without limitation, delays, lost profits, business interruptions, loss of use, lost business opportunities, loss of revenue, losses and other damages by reason of facility shutdown, equipment damage, cost of replacement power or substitute or temporary facilities or services, cost of capital, loss of goodwill, and claims of suppliers and customers, whether or not such damages were reasonably foreseeable or either Party was advised or aware that such damages might be incurred. Without limiting the foregoing, effective from and after each Closing Date, Buyer shall be deemed to have assumed all liability for claims arising from or in connection with the use, reuse, handling or disposal of the applicable Assets after the applicable Closing, including, without limitation, claims relating to:
Limitation of Liability and Release. OWNER SHALL NOT BE LIABLE TO USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT. IN NO EVENT SHALL OWNER BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY ARISING FROM OR IN ANY WAY RELATED TO USER'S USE OF THE COMMUNITY SUPPORT VEHICLE (CSV) INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, INTEREST OR LOSS OF MONEY, OR FOR PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USER'S USE, PERFORMANCE, NONPERFORMANCE OR THE INABILITY TO USE OR RESULTS OF USE PURSUANT TO THIS AGREEMENT OF USE OF THE CSV. USER HEREBY RELEASES OWNER OF AND FROM ANY AND ALL CLAIMS, CAUSES, CAUSES OF ACTION, LIABILITY OR DAMAGES IN ANY MANNER RELATED TO OR ARISING FROM THIS AGREEMENT, THE USE OF THE CSV OR THE FAILURE OF USE OR PERFORMANCE OF THE CSV. THIS RELEASE IS INTENDED TO BE AND IS A COMPREHENSIVE RELEASE OF OWNER FROM ALL LIABILITY UNDER ALL LEGAL OR EQUITABLE THEORIES.
Limitation of Liability and Release. EXCEPT FOR 4ME4WE’S OBLIGATIONS TO TRANSFER THE DONATION AMOUNT TO THE APPLICABLE 4ME4WE CHARITY AFFILIATES AS PROVIDED IN SECTION 2 ABOVE, UNDER NO CIRCUMSTANCES WILL 4ME4WE BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AFFILIATE’S PARTICIPATION IN THE 4ME4WE PROGRAM, AND/OR ANY ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF 0XX0XX.XXX OR THE 4ME4WE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, DEFENSE, OR ANY OTHER LEGAL THEORY OR COMBINATION OF LEGAL THEORIES AND WHETHER OR NOT 4ME4WE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND AFFILIATE HEREBY RELEASES 4ME4WE FROM ALL SUCH CLAIMS. IN NO EVENT WILL 4ME4WE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES OR OTHER ECONOMIC LOSSES, WHETHER ARISING UNDER WARRANTY/GUARANTEE, CONTRACT, NEGLIGENCE (INCLUDING NEGLIGENT MISREPRESENTATION), STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES, INCLUDING ANY THEORIES OF CONCURRENT LIABILITY ARISING FROM A DUTY OF CARE BY OPERATION OF LAW OR OTHERWISE, AND AFFILIATE HEREBY RELEASES 4ME4WE FROM ALL SUCH CLAIMS.
Limitation of Liability and Release. In no event shall TU, or the board of trustees, board of directors, officers, employees, professors, agents, successors, or assigns of TU be liable to Student or Student’s family, agents, representatives, heirs, successors, or assigns, or any third party for any damages or loss relating to Activity. This limitation applies to all potential causes of action, including but not limited to, breach of contract, breach of warranty, fraud, gross negligence, negligence, strict liability, intentional acts and omissions, misrepresentations, and other torts. In conjunction with the Release, Waiver of Liability and Hold Harmless Agreement attached and incorporated by this reference, Student on behalf of Student and his/her family, agents, representatives, heirs, successors, and assigns completely, irrevocably, and unconditionally releases and forever discharges TU, the board of trustees, board of directors, officers, employees, professors, agents, successors and assigns of TU from and against any and all claims, demands, lawsuits, causes of action and/or liability whatsoever involving any matter arising out of or in any way related, directly or indirectly, to Activity and further, Student on behalf of Student, Student’s family, agents, representatives, heirs, successors, or assigns unconditionally releases and forever discharges TU, and the board of trustees, board of directors, officers, employees, professors, agents, successors, or assigns of TU with respect to any other transaction, event, or occurrence through and including the date of this Agreement, whether now known or unknown, relating to Activity and/or TU.
Limitation of Liability and Release. 3.1 The Proponent shall not be liable for any impact to any person on the Lands resulting from or arising out of the Project or any occurrence in, upon, at or relating to the Proponent’s activities near the Lands, or for any damage to the Lands or property of the Landowners or others located on the Lands, except to the extent caused by the negligence of the Proponent, its agents, servants or employees or other persons for whom it is in law responsible. Notwithstanding the foregoing or anything else in this Agreement, neither the Proponent nor the Landowners shall be liable to the other party for any consequential, indirect, special or punitive damages.
Limitation of Liability and Release. The City, its elected officials, officers, employees, agents and contractors shall not be liable for, and the Tenant hereby releases the City, its elected officials, officers, employees, agents and contractors from all liabilities, actions, statutory or other proceedings, judgments, investigations, claims, losses, damages, orders, fines, penalties, expenses, professional and other fees and disbursements (including legal fees on a solicitor and own client basis), and costs whatsoever resulting or arising from:
