Exceptions to Liability Clause Samples

Exceptions to Liability. We will not be liable, for instance (i) If, through no fault of ours, you do not have enough money in the form of collected funds in your Account to make a transfer or whether due to inadvertence, error caused by similarity of accountholder names or any other mistake as long as we acted in good faith (including lost savings or profit, lost date, business interruption, or attorneys’ fees); (ii) If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account, or a legal order directs us to prohibit withdrawals from your Account; (iii) Your Account is closed or frozen; (iv) The transfer would cause your balance to go over the limit for any applicable credit arrangement including those to cover overdrafts; (v) You, or anyone you allow or acting on your behalf, commits any fraud or violates any applicable law or regulation; (vi) Your equipment or internet access was not working properly; (vii) Your internet service is interrupted (e.g., due to traffic or other disruptions); (viii) You have not properly followed the instructions for using the Online Service or Mobile Service;
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Exceptions to Liability. Notwithstanding any contrary provision contained herein, (a) Railroad shall not have any liability whatsoever for any death of or injury to persons or damage to or loss of property arising from or resulting in connection with any train derailment, and Pathnet hereby releases Railroad and its Affiliates from any and all claims, liabilities, losses, damages, causes of action, costs and expenses (including reasonable attorneys' fees and costs) arising from or resulting in connection with any train operation, accident or derailment, irrespective of the negligence, gross negligence or willful misconduct of Railroad, and (b) Pathnet shall have no liability relating to any Conduits (Innerducts) installed for or capacity sold or made available to Railroad pursuant to the License Agreement; provided, however, that (x) any such Conduits (Innerducts) shall be of equal or greater quality as Pathnet's own Conduits (Innerducts), and (y) Pathnet shall grant the same remedies to Railroad with respect to such capacity as Pathnet grants to its customers in the ordinary course of its business (e.g., outage credits, it being understood that Pathnet shall not be obligated to make any monetary payments as a remedy in connection with such capacity), which Railroad acknowledges may not provide it with any incremental benefit.
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Exceptions to Liability. Notwithstanding anything contained in this Agreement to the contrary, NDC shall not be liable for any loss or damage to the Products: (i) occurring prior to or subsequent to NDC’s care, custody and control of the Products (which shall commence when NDC accepts receipt of such Products and shall terminate when such Products are placed with a carrier for shipment); (ii) attributable to or otherwise caused by NDC’s performance of Services specifically instructed by Customer’s authorized representatives; (iii) that is within the Shrinkage Allowance set forth in Section 5.3; (iv) attributable to or otherwise caused by any defects in the manufacturing or packaging or inherent vice of Products; (v) attributable to or otherwise caused by the acts or omissions of transportation service providers; (vi) attributable to concealed damage; or (vii) attributable to or otherwise caused by the negligence or intentional misconduct of Customer or any of its employees, agents or subcontractors.
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Exceptions to Liability. SECTIONS 14.1 AND 14.2.2 DO NOT APPLY TO (i) CLAIMS ARISING OUT OR CAUSED BY PARTNER’S NEGLIGENCE OR MISCONDUCT, (ii) PARTNER’S OBLIGATIONS UNDER SECTION 13 (INDEMNIFICATION), OR (iii) PARTNER’S BREACH OF ITS OBLIGATIONS UNDER SECTIONS 6 (ADDITIONAL LICENSING), 9 (CONFIDENTIALITY), 10 (PROPRIETARY RIGHTS), 11 (PARTNER RESTRICTIONS), OR 15.1 (SUGAR POLICIES AND BUSINESS STANDARDS).
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Exceptions to Liability. Notwithstanding any contrary provision contained herein, (a) Railroad shall not have any liability whatsoever for any death of or injury to persons or damage to or loss of property arising from or resulting in connection with any train derailment, and Pathnet hereby releases Railroad and its Affiliates from any and all claims, liabilities, losses, damages, causes of action, costs and expenses (including reasonable attorneys' fees and costs) arising from or resulting in connection with any train operation, accident or derailment, irrespective of the negligence, gross negligence or willful misconduct of Railroad, and (b) Pathnet shall have no liability relating to any Conduits (Innerducts) installed for [* * *] to Railroad pursuant to the License Agreement; provided, however, that (x) any such Conduits (Innerducts) shall be of equal or greater quality as Pathnet's own Conduits (Innerducts), and (y) [ * * * ] which Railroad acknowledges [* * *].
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Exceptions to Liability. Liability exclusions do not apply to death or injury due to negligence, fraud, or statutory non-exclusionary liability.
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Related to Exceptions to Liability

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • Exceptions to obligations The obligations on the parties under this clause 14 will not be taken to have been breached to the extent that Confidential Information is: (a) disclosed by a party to its Experts in order to comply with obligations, or to exer- cise rights, under this Agreement; (b) required by Law to be disclosed; or (c) in the public domain otherwise than due to a breach of this clause 14.

  • Exceptions to Limitations Conversions to Alternate Base Rate Loans shall be permitted in the case of clauses (i) and (ii) of Section 2.1(b) above, in each case, unless the Administrative Agent has otherwise accelerated the Obligations or exercised other rights that terminate the Commitments under Section 10.2.

  • Exceptions to Right of Indemnification Notwithstanding anything to the contrary in this Agreement, except as set forth in Paragraph 10, the Corporation shall not indemnify the Indemnitee in connection with a Proceeding (or part thereof) initiated by the Indemnitee unless the initiation thereof was approved by the Board of Directors of the Corporation. Notwithstanding anything to the contrary in this Agreement, the Corporation shall not indemnify the Indemnitee to the extent the Indemnitee is reimbursed from the proceeds of insurance, and in the event the Corporation makes any indemnification payments to the Indemnitee and the Indemnitee is subsequently reimbursed from the proceeds of insurance, the Indemnitee shall promptly refund such indemnification payments to the Corporation to the extent of such insurance reimbursement.

  • Certain Liabilities To each Restricted Entity’s knowledge, none of the present or previously owned or operated Property of any Restricted Entity or of any Subsidiary thereof, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified by a Governmental Authority as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by any Restricted Entity, wherever located, which could reasonably be expected to cause a Material Adverse Change; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that could cause a Material Adverse Change.