LIMITING LIABILITY Sample Clauses

LIMITING LIABILITY. Any language limiting the Vendor’s liability for direct damages is deleted.

LIMITING LIABILITY. (a) Nothing herein shall be construed as limiting the application or the protection of the EUA or LPR.

LIMITING LIABILITY a) The Parties decide that all liability arising from the failure to perform or the incorrect performance of the Agreement or of these General Terms of Agreement or conditions connected with the Agreement or the General Terms of Agreement towards the Client, the Company shall bear exclusively in keeping with the principles defined under this point and under point 12.

LIMITING LIABILITY. To the maximum extent, permitted in accordance with applicable law, the Lessor is not responsible for the tenant, but the lease agreements that should not approve the claim against the Lessor, in accordance with the legal theory, whether on the way on the basis of a contract, neglect, neglect, delicate , strict liability or otherwise granted by law or law, (i) for any random, special, exemplary, indirect or right of such damages or (ii) damage related to this contract or arising in accordance with this contract, which exceeds the fees Actually paid by the Lessor in accordance with this contract. The tenant of the current one refuses all statements that these exceptions deprive him of an adequate legal protection measure or forces this contract to the unsuccessful in their main purpose. The parties, currently confirm and agree that all refusal to guarantee and limit the provisions regarding the obligation described above has been agreed and are the basic elements of the foundation of this contract. 15.

LIMITING LIABILITY. Although we hesitate to even suggest that there exists some contractual equivalent of a panacea for the countless ways in which a termination provision may run afoul of employment standards legislation, many employers use what are colloquially referred to as “savings clauses” to great effect. These provisions are typically included as part of a termination provision, but can also be found at the beginning or end of a contract of employment with no real difference in impact. A savings clause simply guarantees that the employee will always receive his minimum entitlements under employment standards legislation, and that if there should be a discrepancy between the terms of the contract and the terms of the legislation, the legislation will always prevail. The practical impact of this is that, even where a termination provision may technically falter, a savings clause can be used to argue that the contract still guarantees that the employee will receive his minimum entitlements and is, therefore, enforceable. While a savings clause can be quite an effective defence against a claim that the contract (or a contractual provision) is unenforceable because it contravenes employ- ment standards legislation, it obviously cannot assist an employer in every scenario. For example, where an employer breaches the terms of its own contract, there is some case law that suggests that the employer is thereafter prevented from relying upon its provisions in order to deprive the employee of some greater right or benefit. Similarly, if an employer makes the provision of an employee’s statutory minimum entitlements subject to a condition precedent—for example, if the employee will not be paid her minimum entitlements until she has executed a release—the termination provision may be found to be null and void.8 The courts can even order that the employer pay further damages for “bad faith dismissals,” regardless of the existence of a savings provision or ironclad termination clause.9 Unfortunately, even a clear and enforceable termination provision cannot com- pletely mitigate against employer liability. For example, an employer must ensure that any employment contract reserves the employer’s right to make reasonable changes to the terms or parameters of the employee’s position without constituting a con- structive dismissal. Otherwise, an employer’s decision to relocate an employee, remove or change parts of a benefits plan, or to make any other seemingly innocuous change to the ...