EXCLUSION OR LIMITATION OF LIABILITY Clause Samples

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EXCLUSION OR LIMITATION OF LIABILITY. As far as permitted by law, the University shall not be liable directly or indirectly for personal injury, loss of life, loss or damage to any personal property of the Licensee, his or her registered occupants or visitors suffered in the Hostel.
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EXCLUSION OR LIMITATION OF LIABILITY. 22.1 As far as permitted by law, the University shall not be liable directly or indirectly for personal injury, loss of life, loss or damage to any personal property of the Licensee, his or her registered occupants or visitors suffered in the Hostel. 22.2 The Licensee shall lock the door and windows when he or she leaves the Room. The University shall not be liable for any damage or loss suffered by the Licensee arising from any unauthorised entry into the Room. 22.3 Without prejudice to the foregoing, the Licensee shall alert the Management Office to any building defect (including water seepage, termites, etc), mechanical and electrical defect or defect to the Contents in his or her Room for remedial action. There will be no compensation for any loss and/or damage caused to any personal property of the Licensee, his or her registered occupants or visitors due to such defects wherever arising in the Hostel (including defects in the Room or in the facilities or common property of the Hostel). 22.4 Where reasonable care is taken to provide the Room with furnishings and appliances that are in working order, there will be no refund or compensation should the furnishings or appliances break down in the course of the stipulated period of stay. 22.5 The University shall not be responsible for any delay or non-delivery of utilities or other services to the Room or the Hostel that are beyond the University’s control. 22.6 The University shall not be responsible for the Licensee’s belongings not removed from the Room after the stipulated period of stay has expired or the cancellation or termination of this Agreement. The University may dispose of such belongings and the Licensee shall be responsible for the costs incurred thereby. 22.7 The Licensee expressly authorises the University to receive and sign, without liability whatsoever, for all personal property and goods delivered to the Hostel by post, courier or hand intended for the Licensee. The Licensee agrees not to hold the University liable for any loss or damage caused to such property or goods.
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EXCLUSION OR LIMITATION OF LIABILITY. (a) The Bank shall not be concerned with, or be liable to any Cardholder for any loss or damage directly or indirectly arising from except where the same has been caused directly by the Bank’s negligence or wilful default:- (i) any defect in or damage to any goods or services paid for by use of a Card, or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier; for the avoidance of doubt, the Cardholder shall remain fully liable for any Charges incurred in respect of the relevant goods or services; (ii) the refusal of any Person or Terminal to honour or accept a Card; (iii) the loss of or inaccuracy in any information or data stored in a Card containing a device capable of storing data or information; (iv) the exercise by the Bank of its right to demand and procure surrender of the Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by the Bank or by any other Person or by any Terminal; (v) termination by the Bank of any Card or the Card Account pursuant to Clause 15; (vi) the repossession of the Card, any request for its return, or any statement made or act performed by any Person requesting its return, and in no circumstance shall the same be or constitute any reflection on or injury to the creditworthiness, character or reputation of any Cardholder; (vii) any misstatement, misrepresentation or omission in any details disclosed by the Bank pursuant to Clause 8; or (viii) any act of fraud, forgery or gross negligence of the Cardholder, including (without limitation) the Cardholder’s failure to observe Clause 3(e) or 10(a) or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card, the PIN and/or the TIN. (b) Provided the Cardholder has not acted fraudulently or with gross negligence, the Cardholder shall not be liable for losses incurred:- (i) where a Transaction Instruction effected by the Bank was given by use of a Card before the Account Holder received the Card, or given through the use of a counterfeit card; or (ii) directly as a result of a fault in any Terminal which was not obvious or was not advised by a message or notice on display or otherwise drawn to the Cardholder’s attention.
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EXCLUSION OR LIMITATION OF LIABILITY. Any exclusion or limitation of liability under this Agreement shall exclude or limit such liability not only in contract but also in tort or otherwise at law.
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EXCLUSION OR LIMITATION OF LIABILITY. (a) Subject to clause 13.1 and to the extent permitted by law, BAM: (i) excludes all terms, conditions, warranties and guarantees implied or imposed by statute, law or other source external to this Agreement (including as to the description, merchantable quality or fitness for purpose of the Services); (ii) except for liability expressly assumed under this Agreement (including under any indemnity), excludes all liability whatsoever, whether under statute, contract, for negligence or other tort, or otherwise, arising out of, in relation to or in connection with this Agreement, the Services, their supply or use (including for equipment failure or malfunction or destruction of data); and (iii) limits any liability which cannot be excluded or limited under the other provisions of this clause 13.3 to, at BAM's option, the replacement, rectification or resupply of the Services or the supply of equivalent services, or the payment of the cost of doing so. (b) BAM's Liability to the Client for any Claim arising out of, in relation to or in connection with this Agreement will not exceed the total amount actually paid by the Client to BAM under this Agreement during the previous 6 months. (c) The exclusions and limitations of liability under clause 13.3 apply even if BAM was informed of the possibility of Liability or of any Claim by a third party, and operate in favour of BAM and its Personnel.
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EXCLUSION OR LIMITATION OF LIABILITY. Entrust shall not be concerned with, or be liable to the cardholder for, any loss or damage directly or indirectly arising from any of the following, except where the same has been caused directly by, as the case may be, Entrust's negligence: a. the loss of or inaccuracy in any information or data stored in a Card containing a device capable of storing data or information; b. the exercise by, Entrust of its right to demand and procure surrender of cardholder’s Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by Entrust or by any other person or by any Terminal; c. termination by Entrust of cardholder’s Card or cardholder’s Card Account pursuant to Clause 15; d. the repossession of cardholder’s Card, any request for its return,or any statement made or act performed by any person requesting its return, and in no circumstance shall the same be or constitute any reflection on or injury to the creditworthiness, character or reputation of me; e. any misstatement, misrepresentation or omission in any details disclosed by Entrust pursuant to Clause 12; or f. cardholder’s act of fraud, forgery or gross negligence,including (without limitation) cardholder’s failure to observe Clause 3 or 10 or follow any other recommendation of Entrust from time to time regarding the safety and secrecy of cardholder’s Card and cardholder’s PIN.
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Related to EXCLUSION OR LIMITATION OF LIABILITY

  • 3Limitation of Liability ICANN’s aggregate monetary liability for violations of this Agreement will not exceed an amount equal to the Registry-Level Fees paid by Registry Operator to ICANN within the preceding twelve-month period pursuant to this Agreement (excluding the Variable Registry-Level Fee set forth in Section 6.3, if any). Registry Operator’s aggregate monetary liability to ICANN for breaches of this Agreement will be limited to an amount equal to the fees paid to ICANN during the preceding twelve-month period (excluding the Variable Registry-Level Fee set forth in Section 6.3, if any), and punitive and exemplary damages, if any, awarded in accordance with Section 5.2, except with respect to Registry Operator’s indemnification obligations pursuant to Section 7.1 and Section 7.2. In no event shall either party be liable for special, punitive, exemplary or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided in Section 5.2. Except as otherwise provided in this Agreement, neither party makes any warranty, express or implied, with respect to the services rendered by itself, its servants or agents, or the results obtained from their work, including, without limitation, any implied warranty of merchantability, non-infringement or fitness for a particular purpose.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Disclaimer; Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

  • Warranty and Limitation of Liability PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 10. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.

  • Disclaimers; Limitation of Liability A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE. B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS. E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.