Common use of Exceptions to Limitations Clause in Contracts

Exceptions to Limitations. Nothing in the Agreement shall exclude or limit either party’s liability for: (a) death or personal injury resulting from the negligence of that party or its servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; (d) breach of the confidentiality obligations in clause 8; (e) infringement of the other party’s Intellectual Property Rights; or (f) payment of the Charges.

Appears in 4 contracts

Sources: Master Agreement, Public Platform Master Agreement, Public Platform Master Agreement

Exceptions to Limitations. Nothing in the this Agreement shall limit or exclude or limit either party’s 's liability for: : (ai) death or personal injury resulting from caused by its negligence, or the negligence of that party or its servantsemployees, agents or employees; subcontractors; (bii) fraud or fraudulent misrepresentation; ; (c) breach of any implied condition as to title or quiet enjoyment; (diii) breach of the confidentiality obligations in clause 8; (e) infringement terms implied by section 2 of the other party’s Intellectual Property Rights; or Supply of Goods and Services Act 1982 (f) payment of the Chargestitle and quiet possession).

Appears in 2 contracts

Sources: Master Subscription Agreement, Master Subscription Agreement

Exceptions to Limitations. Nothing in the any Agreement shall exclude or limit either party’s liability for: (a) death or personal injury resulting from the negligence of that either party or its their servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; (d) breach of the confidentiality obligations in clause 8obligations; (e) infringement of the other party’s Intellectual Property Rights; (f) indemnification obligations; or (fg) payment of the ChargesFees.

Appears in 1 contract

Sources: Google Maps Api Premier Licence Agreement (MiX Telematics LTD)

Exceptions to Limitations. Nothing in the Agreement shall exclude or limit either party’s liability for: (a) death or personal injury resulting from the negligence of that party or its servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; (d) breach of the confidentiality obligations in clause 8; (e) infringement of the other party’s Intellectual Property Rights; or (f) payment of the Charges.Charges.‌

Appears in 1 contract

Sources: Master Agreement

Exceptions to Limitations. Nothing in the this Agreement shall will exclude or limit either party’s liability for: (a) Liability: 9.2.1. for death or personal injury resulting from its negligence or the negligence of that party its employees or its servants, agents or employees; (b) agents; 9.2.2. for fraud or fraudulent misrepresentation; (c) ; 9.2.3. for payment of Innovation Payments properly due and owing to Company in accordance with the criteria and requirements of this Agreement; 9.2.4. breach of any implied condition as to title section 7 (Confidentiality and Publicity); or 9.2.5. matters for which liability cannot be excluded or quiet enjoyment; (d) breach of the confidentiality obligations in clause 8; (e) infringement of the other party’s Intellectual Property Rights; or (f) payment of the Chargeslimited under applicable law.

Appears in 1 contract

Sources: Search Ads Innovation Agreement (Marin Software Inc)

Exceptions to Limitations. Nothing in the this Agreement shall exclude excludes or limit limits either party’s liability for: : (aA) death or personal injury resulting from its negligence or the negligence of that party its employees or its servants, agents or employees; agents; (bB) fraud or fraudulent misrepresentation; ; (cC) breach of any implied condition as to title or quiet enjoyment; ; (dD) breach of the confidentiality obligations in clause 8; Section 7 (eConfidentiality, Publicity, Privacy and Security); (E) infringement of the other party’s Intellectual Property Rights; matters for which liability cannot be excluded or (f) payment of the Chargeslimited under applicable law.

Appears in 1 contract

Sources: Co Marketing Agreement

Exceptions to Limitations. Nothing in the this Agreement shall exclude excludes or limit limits either party’s liability for: : (a) death or personal injury resulting from the caused by negligence of that party or its servants, agents or employees; either party; (b) fraud or fraudulent misrepresentation; ; (c) breach of any implied condition as to title or quiet enjoyment; Section 13 (Indemnification); (d) breach of the confidentiality obligations in clause 8; (e) infringement of the other party’s Intellectual Property Rights; intellectual property rights; (e) matters for which liability cannot be excluded or (f) payment of the Chargeslimited under applicable law.

Appears in 1 contract

Sources: Funding Agreement