Excluded Loss Clause Samples

Excluded Loss. Subject to Non Excludable Rights and the Customer’s obligation to pay the Charges, neither party will be liable for any Consequential Loss.

Excluded Loss. To the extent permitted by law, we will not be liable to you nor any Third Party for any Excluded Loss.

Excluded Loss. ‌ Subject to clause 23.2 and 23.3, and except to the extent that Loss cannot be lawfully excluded, neither party is liable to the other under or in connection with this agreement for: (a) any Loss of an indirect nature; (b) any loss of profits, loss of goodwill, loss of revenue or loss of use of property (whether direct or indirect); (c) any cost of business interruption; or (d) any other consequential loss, including Loss which does not arise naturally, or in the usual course of things, suffered by the other party however arising due to any causes including the default or sole or concurrent negligence of a party, or its officers, employees, subcontractors or agents, and whether or not foreseeable at the Signing Date.

Excluded Loss. (a) (No liability of the Shipper): Notwithstanding any other provision of this agreement (including the definition of Loss) but subject to clause 27.1(b), the Shipper has no liability to the Transporter (whether in contract, in tort or otherwise) for any Excluded Loss suffered or incurred by the Transporter (or the Transporter's Associates), howsoever arising in respect of any event or circumstance under or in relation to this agreement and regardless of whether a Claim for same is made under this agreement or otherwise.

Excluded Loss. No PKW Person is liable under or in connection with this Agreement (including for negligence) to the Supplier or any Personnel, howsoever arising, for any: (a) loss of contract, profit or revenue; (b) loss of, or damage to, reputation, credit rating or goodwill; (c) overheads or wasted expenditure; (d) financing costs; (e) special, incidental or punitive damages; or (f) any loss or damage arising from special circumstances that are outside the ordinary course of things.

Excluded Loss. Where you make a misrepresentation or a fraudulent claim;

Excluded Loss. Neither Party is liable to the other Party for any Excluded Loss.

Excluded Loss. (a) Subject to sub-clause 17.1 and to the extent permitted by law, in no circumstances will either party be liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to the other party for any indirect loss, damage, cost or expense suffered or incurred by that other party and arising out of the provision of the Services or of this Participation Agreement, even if the claiming party has advised the other party of their possibility, including with respect to (but only to the extent comprised in the foregoing types of indirect loss, damage, cost or expense) loss of business profits, revenue, opportunity, goodwill or anticipatory profits or business interruption, that may be incurred by the party. (b) Nothing in paragraph 17.7(a) will preclude the recovery by a party of loss or damage which may fairly and reasonably be considered to arise naturally, that is according to the usual course of things, from the breach or other act or omission giving rise to the relevant liability. (c) Without limitation, the parties agree that the following kinds of losses are not excluded by paragraph 17.7(a): (i) any reasonable legal costs incurred by the Financial Institution as a consequence of a delay in the occurrence of a Scheduled Settlement of a Conveyancing Transaction, to the extent that delay caused or contributed to by an act or omission of ▇▇▇▇; (ii) any loss suffered or sustained by the Financial Institution by the payment of an incorrect amount by that Financial Institution as a consequence of a Payment Instruction File that was incorrectly prepared by PEXA and that did not correctly record some or all of the payment instructions received by, or given to, ▇▇▇▇ by a Participating Subscriber; (iii) any loss suffered or sustained by the Financial Institution by the processing of any incorrect amount as a consequence of an ESA Settlement Instruction that was prepared by PEXA and that was incorrect or did not correctly record some or all of the required payments or amounts to be exchanged; and (iv) any other loss or damage that has been suffered or incurred by the Financial Institution as a consequence of a delay in the occurrence of a Scheduled Settlement, to the extent that the delay was caused or contributed to by an act or omission of ▇▇▇▇.

Excluded Loss. Subject to clause (b), neither party is liable to the other party for any claim for Excluded Loss suffered by the other party. This clause does not apply to any Third Party Claim as to which a party has a right to an indemnity under clause . Clauses and apply together if Schedule 1 states that they apply.