Additional Limitation of Liability Sample Clauses
The "Additional Limitation of Liability" clause further restricts the amount or types of damages one party can recover from the other beyond standard limitations already present in the agreement. Typically, this clause may exclude certain categories of damages, such as indirect or consequential losses, or set a specific monetary cap on liability for particular breaches or claims. Its core practical function is to allocate and manage risk between the parties, ensuring that neither side faces unexpectedly large liabilities that could arise from unforeseen circumstances.
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Additional Limitation of Liability. Although Check Block is intended to prevent any check from posting to a designated Account, Bank does not waive any defense or subrogation arising under the Uniform Commercial Code or common law if a check is paid. Bank shall have no liability if a check: (i) was written or issued by you, an employee or agent who is otherwise authorized by you to make transfers, payments or withdrawals from the designated Account; (ii) was written or issued through the misconduct of your own employee or agent; (iii) discharged or was applied to a bona fide obligation of you; or (iv) is held by us with the rights of a holder in due course (which right shall not be denied on the basis of our knowledge that you are enrolled in Check Block). We retain all defenses based on your own negligence contributing to the creation, alternation or payment of an unauthorized item.
Additional Limitation of Liability. The parties hereto are expressly put on notice that a Certificate of Trust, referring to the Trust’s Agreement and Declaration of Trust (the “Certificate”), is on file with the Secretary of the State of Delaware. The Certificate was executed by a trustee of the Trust on behalf of the Trust as trustee, and not individually, and, as provided in the Trust’s Agreement and Declaration of Trust, the obligations of the Trust are not binding on the Trust’s trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust, or the particular series in question, as the case may be. Further, the liabilities and obligations of any series of the Trust shall be enforceable only against the assets belonging to such series, and not against the assets of any other series.
Additional Limitation of Liability. The parties hereto are expressly put on notice that a Certificate of Trust, referring to the Trust’s Agreement and Declaration of Trust (the “Certificate”), is on file with the Secretary of the State of Delaware. The Certificate was executed by a trustee of the Trust on behalf of the Trust as trustee, and not individually, and, as provided in the Trust’s Agreement and Declaration of Trust, the obligations of the Trust are not binding on the Trust’s trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust, or the particular series in question, as the case may be.
Additional Limitation of Liability. The undersigned director of the Fund has executed this Agreement not individually, but as a director under the Fund’s Amended and Restated Memorandum and Articles of Association, and the obligations of this Agreement are not binding upon any of the directors, officers or shareholders of the Fund individually. Subject to the Advisor’s rights under the Registered Fund Advisory Agreement, the Advisor agrees that for services rendered to the Fund, or for any claim by it in connection with services rendered to the Fund, it shall look only to assets of the Fund for satisfaction.
Additional Limitation of Liability. In no event, regardless of cause, shall Seller assume responsibility or be liable for: (a) to the extent permitted by law, indemnification of user or others for costs, damages, or expenses each arising out of or related to the parts or services provided, or (b) certification, unless otherwise specifically provided for in writing by Seller.
Additional Limitation of Liability. WPCU AND ITS SERVICE PROVIDERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. WE RESERVE THE RIGHT TO DISCONTINUE ANY OR ALL ELECTRONIC SERVICES WITHOUT PRIOR NOTICE TO YOU. IN NO EVENT WILL WE, OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR SERVICE PROVIDERS, BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN OUR WEBSITE OR MOBILE APPLICATION, ANY INCOMPATIBILITY BETWEEN OUR WEBSITE/MOBILE APPLICATION AND YOUR FILES AND BROWSER, ANY LOSS OR DAMAGES INCURRED BY YOU BY THE TRANSMISSION OF YOUR PASSWORD, PIN, ACCESS CODE OR DEVICE OR OTHER PERSONAL INFORMATION BY YOU OR ANYONE BESIDES WPCU, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND OUR REASONABLE CONTROL. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO YOU REQUIRED BY APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WPCU OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE ELECTRONIC SERVICES OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WPCU HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. BY IDENTIFYING SPECIFIC DEVICE, HARDWARE, OR SOFTWARE REQUIREMENTS FOR USE WITH THE ELECTRONIC SERVICES, WPCU, ITS AFFILIATES, AND SERVICE PROVIDERS DO NOT RECOMMEND, ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PERFORMANCE OR OPERATION OF SUCH DEVICE, HARDWARE, OR SOFTWARE OR THE PERFORMANCE OR OPERATION OF THE ELECTRONIC SERVICES THEREON. YOU ARE RESPONSIBLE FOR THE SELECTION OF YOUR DEVICE, HARDWARE, AND SOFTWARE, AND FOR ALL ISSUES RELATING TO THE PERFORMANCE, OPERATION, AND COSTS ASSOCIATED THEREWITH.
Additional Limitation of Liability. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS OR EXAMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Additional Limitation of Liability. The parties hereto are expressly put on notice that the Fund’s Agreement and Declaration of Trust (the “Declaration of Trust”) was executed by a trustee of the Fund on behalf of the Fund as trustee, and not individually, and, as provided in the Declaration of Trust, the obligations of the Fund are not binding on the Fund’s trustees, officers, employees, agents or shareholders individually but are binding only upon the assets and property of the Fund.
Additional Limitation of Liability. Notwithstanding anything set forth herein or in the Agreement, in no event shall the Administrator be liable for payment from its own funds for (i) any taxes on or by reference to any Assets or payments thereon (other than income taxes or other taxes in relation to fees earned hereunder) or (ii) any alleged duty to make advances or (iii) any amount paid or to be paid by or for the account of the Client or the lenders.
Additional Limitation of Liability. IN ADDITION TO THE LIMITATION OF LIABLITY SET FORTH IN THE MSA, AND NOTWITHSTANDING ANYTHING IN THE MSA AND ANY ADDENDA TO THE CONTRARY, PROVIDER AND ITS AFFILIATES’ CUMULATIVE LIABILITY, IN THE AGGREGATE (INCLUSIVE OF ANY AND ALL CLAIMS MADE BY CUSTOMER AGAINST PROVIDER AND/OR ITS AFFILIATES, WHETHER RELATED OR UNRELATED) FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO THE FIRST DATA HRP SERVICE, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY PROVIDER PURSUANT TO THIS SCHEDULE K IN THE IMMEDIATELY PRECEDING 12 MONTHS.