Seller’s Liability. SELLER’s liability with respect to the Product sold to END USER shall be limited to the warranty provided herein. SELLER shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to products sold or services rendered by seller, or any undertaking, acts or omissions relating thereto. Without limiting the foregoing, SELLER specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, services, down time, shut down or slow down costs, or for any other types of economic loss, and for claims of END USER’s customers or any third party for any such damages. SELLER shall not be liable for and disclaims all consequential, incidental and contingent damages whatsoever.
Seller’s Liability. Seller shall remain liable for all Liability related to workers’ compensation, disability and occupational diseases of or with respect to all of Seller’s employees attributable to injuries, claims, conditions, events and occurrences occurring prior to the Closing Date, which Liability shall be a Retained Liability.
Seller’s Liability. Seller shall remain liable for all liability for all accrued vacation entitlements as indicated on Schedule 12.3, workers' compensation, disability and occupational diseases of or with respect to all of Seller's Employees attributable to entitlements, injuries, claims, conditions, events and occurrences occurring on or before the Closing Date.
Seller’s Liability. The obligations of the Sellers’ under this Agreement shall be several and not joint obligations.
Seller’s Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL SELLER BE LIABLE HEREUNDER OR OTHERWISE FOR ANY EXEMPLARY, PUNITIVE, REMOTE, SPECULATIVE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFITS, AND NO CLAIM SHALL BE MADE OR AWARDED AGAINST SELLER, FOR ANY SUCH DAMAGES OR LOSS OF PROFITS. Except as provided in in the Warranty and this Limitation of Liability, Seller shall not be liable for damages of any kind including, but not limited to, product performance in Buyer’s application(s). In addition, Seller will not be liable for removal and/or replacement of reflective products or retro reflective characteristics of any installed Seller’s products unless agreed to in writing by the parties. In no event will Seller be liable for any claims related to the products after the products have been incorporated into any other product or subject to further processing. Such incorporation or such processing shall be deemed to be a waiver of all claims by Buyer. SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS, WHETHER IN LAW OR IN EQUITY OR WHETHER IN CONTRACT OR IN TORT, AND WHETHER BASED UPON NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT OR EQUITABLE PRINCIPLES, OR OTHERWISE, IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, REPAIR OR REPLACEMENT OF THE PRODUCTS WITH RESPECT TO WHICH DAMAGES ARE CLAIMED. All claims of any kind arising in connection with this Agreement or the sale or use of the products shall be deemed waived unless made in writing within 60 days of the earlier of the date of Seller’s delivery or the date fixed for delivery in the event of non-delivery. Seller shall be given, and any claim shall be subject to Seller being provided, a reasonable opportunity to investigate the products subject to any claim.
Seller’s Liability. Seller's liability with respect to any Used Equipment sold to Buyer will be limited to refunding payment made. In no event will Seller be liable for indirect, incidental or consequential damages.
Seller’s Liability. 9.1 Subject to clause 9.2 and except to the extent of any written warranties given by the Seller to the Buyer, all warranties and representations, including those expressed or implied by law, are excluded to the extent permitted by law.
Seller’s Liability. Seller shall, remain liable for and covenants to ================== pay, satisfy, or discharge, all liabilities, payment, obligations, and duties under (a) the Agreements and any leases or other instruments transferred or assigned to Buyer hereunder, accruing prior to or by reason of events occurring prior to the Closing Date, and (b) all Agreements not being transferred to Buyer no matter when the obligations occur.
Seller’s Liability. Any Seller (Vendor, Supplier, Source of Repair) that provides any spares, repairs, subcomponents or other part(s) that are derived from any source or subcontractor(s) who is/are unauthorized and/or uncertified and/or unqualified and/or is known to provide questionable products and/or is on the US Government’s Excluded Parties List System (EPLS), agrees to be held fully liable for all costs, inclusive, but not limited to: return of part(s); replacement using authorized, certified OEM approved parts and subparts; and bearing all costs between the original order value and any difference of the property acquired and used if approved for replacement. S&K Aerospace shall decide whether to allow for replacement or Terminate for Default within 30 days of discovery of unapproved parts/components. Seller shall also be responsible for a full reimbursement of total value of order and associated costs. If Termination for Default, Seller is subject to and liable for all costs in accordance with FAR 52.249-8.
Seller’s Liability. Seller will be liable for all Losses that Buyer, its affiliates and their directors, officers, employees, agents and representatives may be subject to as a result of, incidental to or in connection with this Agreement and that result from the acts and omissions of Seller, its affiliates or their employees, directors, officers, agents or subcontractors, to the extent that such Losses were not a result of the gross negligence or wilful misconduct of Buyer.
