Common use of Exclusions and Limitations of Liability Clause in Contracts

Exclusions and Limitations of Liability. Subject to clause 13.1 above, and save as expressly and specifically provided in these Terms: (a) if you are a business (including anything entered by your employees) or a consumer, you assume sole responsibility for the accuracy and sufficiency of Your Data, and any results you obtain from the use of the Diode Charge Platform, and for conclusions drawn from such use. Diode shall have no liability for any loss damage caused by errors or omissions in any information (including Your Data), instructions you provide to Diode in connection with the Diode Charge Platform, or any actions taken by Diode at your direction; (b) if you are a business: (i) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the greatest extent permitted by applicable law, excluded from these Terms; (ii) the Diode Charge Platform and any associated documentation and other materials are provided to you on an "as is" basis; (iii) neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (A) any loss of profit, sales, revenue, or business; (B) loss of anticipated savings; (C) loss of or damage to goodwill; (D) loss of agreements or contracts; (E) loss of use or corruption of software, data or information; (F) any loss arising out of the lawful termination of these Terms or any decision not to renew its term; or (G) any loss that is an indirect or secondary consequence of any act or omission of the party in question; and (iv) the total liability of either party to the other in respect of all other loss or damage arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Terms. For the avoidance of doubt, your liability to pay the Charges (if any) shall not be subject to the cap under this clause 13.2(b)(iv); and (c) if you are a consumer: (i) Diode is not liable to you for business, as it is supplying goods and services to you for your domestic and private use. If you use Diode's goods and services for any commercial, business or re-sale purpose, Diode will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and (ii) the total liability of Diode to you, and you to Diode, in respect of all other loss or damage arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Terms.

Exclusions and Limitations of Liability. Subject to clause 13.1 above, and save as expressly and specifically provided in these Terms: (a) if you are a business (including anything entered The Client acknowledges that some of the Veda eTrace Data is supplied by your employees) or a consumer, you assume sole responsibility for third parties and Veda eTrace does not guarantee the accuracy and sufficiency of Your Data, and any results you obtain from the use or validity of the Diode Charge Platform, and for conclusions drawn from such use. Diode shall have no liability for any loss damage caused by errors or omissions in any information (including Your Veda eTrace Data), instructions you provide to Diode in connection with the Diode Charge Platform, or any actions taken by Diode at your direction;. (b) if you The Client understands that the Client is responsible for assessing the value of the information provided by Veda eTrace and for the business decisions made, regardless of whether the decisions are based on the information and data supplied by Veda eTrace. (c) Veda eTrace does not exclude or limit the application of any provision of any statute (including the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth)) where to do so would contravene that statute or cause any part of this Agreement to be void. (d) Veda eTrace excludes from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non- excludable Condition”). (e) Veda eTrace’s liability to the Client for a businessbreach of any express term of this Agreement or any Non-excludable Condition (other than one implied by the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth)) is limited, at Veda eTrace’s option, to any one of supplying, replacing or repairing the goods or supplying again the services, in respect of which the breach occurred. (f) Veda eTrace excludes all liability to the Client: (i) all warrantiesin any cause of action whatsoever for loss or damage arising out of or in connection with any lending decision made using information supplied by Veda eTrace (whether or not supplied using the Veda eTrace Data), representationsincluding without limitation, conditions lost profits and all other terms damage suffered as a result of claims by any kind whatsoever implied by statute third person, such as a customer or common law are, to the greatest extent permitted by applicable law, excluded from these TermsClient; (ii) in contract for consequential or indirect damages arising out of or in connection with the Diode Charge Platform Veda eTrace Data, and this Agreement even if: (A) Veda eTrace knew they were possible; or (B) they were otherwise foreseeable, including without limitation, lost profits and damage suffered as a result of claims by any associated documentation and other materials are provided to you on an "third person, such as is" basisa customer of the Client or End User; (iii) neither in negligence for acts or omissions of Veda eTrace, its employees, agents and contractors arising out of or in connection with the Veda eTrace Data and this Agreement; and (iv) in connection with the use by the Client or any third party shall under of any circumstances whatever be liable telephone number disclosed by Veda eTrace to the otherClient as part of the Veda eTrace Data that appears on the national Do Not Call Register. (g) The Client indemnifies Veda eTrace in respect of any loss, claim, liability or expense incurred by Veda eTrace (whether in contract, tort (including negligence), breach strict liability, statute or otherwise at all) resulting from the Client’s or End User’s use or possession of statutory duty, or otherwise, for:telephone numbers on the Do Not Call Register disclosed by Veda eTrace to the Client as part of the Veda eTrace Data. (Ah) any loss of profit, sales, revenue, or business; (B) loss of anticipated savings; (C) loss of or damage to goodwill; (D) loss of agreements or contracts; (E) loss of use or corruption of software, data or information; (F) any loss arising out Each indemnity in this Agreement is a continuing obligation of the lawful termination of these Terms or any decision not to renew its term; or (G) any loss that is an indirect or secondary consequence of any act or omission of the party in question; and (iv) the total liability of either party to the other in respect of all other loss or damage arising under or in connection with these Termsindemnifying party, whether in contractor not legal proceedings are instituted, tort (including negligence), breach and survives the termination or expiry of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Terms. For the avoidance of doubt, your liability to pay the Charges (if any) shall not be subject to the cap under this clause 13.2(b)(iv); and (c) if you are a consumer:Agreement. (i) Diode Each indemnity in this Agreement is not liable to you for businessan additional, as it is supplying goods separate and services to you for your domestic independent obligation of the indemnifying party and private use. If you use Diode's goods and services for no one indemnity limits the generality of any commercial, business or re-sale purpose, Diode will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; andother indemnity (iij) The indemnities in this Agreement include legal costs on a solicitor client basis and damages and other compensation paid on the total liability advice of Diode legal advisers to you, and you to Diode, in respect of all other loss compromise or damage arising under or in connection with these Termssettle any claim, whether in contract, tort (including negligence), breach of statutory duty, between the parties or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Termsanother person.

Exclusions and Limitations of Liability. Subject to clause 13.1 above, and save as expressly and specifically provided in these Terms: 9.1 GuyKat does not exclude or limit its Liability (if any) for: (a) if you are a business (including anything entered by your employees) fraud or a consumer, you assume sole responsibility for fraudulent misrepresentation to the accuracy and sufficiency of Your Data, and any results you obtain from the use of the Diode Charge Platform, and for conclusions drawn from such use. Diode shall have no liability for any loss damage caused by errors or omissions extent it may not be excluded in any information (including Your Data), instructions you provide to Diode in connection with the Diode Charge Platform, or any actions taken by Diode at your direction; law; (b) if you are a business:death or personal injury resulting from GuyKat’s negligence or the negligence of its employees, subcontractors or agents; or (c) any matter which cannot be excluded by or limited in law. (i) all warranties9.2 Except as set out in clause 9.1 of these General Terms, representations, conditions and all other terms GuyKat’s aggregate Liability to Customer in respect of any kind whatsoever implied loss or damage that is not excluded in clause 9.3 will be limited to: (a) the Charges paid by statute or common law are, Customer in the 12 months prior to the greatest extent permitted breach; or (b) where there has not been a 12 month period prior to the breach, the sum of 1 months’ Charges (either due, if none has been paid or on a mean average basis if one or more months’ have been paid) multiplied by applicable law12. 9.3 Except as set out in clause 9.1 of these General Terms, excluded from these Terms; (ii) the Diode Charge Platform and any associated documentation and other materials are provided to you on an "as is" basis; (iii) neither party shall under any circumstances whatever GuyKat will not be liable to the otherCustomer, whether in contract, tort (including but not limited to negligence), breach ) or otherwise for any of statutory duty, or otherwise, for: the following types of losses: (A) any loss of profit, sales, revenue, or business; (Ba) loss of anticipated savings; profits; (Cb) loss of revenue; (c) loss of or damage depletion to goodwill; ; (D) loss of agreements or contracts; (Ed) loss of use or corruption of software, and/or damage to data or information; software; (Fe) infection of or damage or interference caused to any computer operating systems or programmes (or part thereof); and/or (f) any loss arising out special, indirect or consequential loss, regardless of whether or not any such losses were foreseeable and/or GuyKat had been advised of the lawful termination possibility of these Terms or any decision not to renew its term; orCustomer incurring such losses. (G) any loss that is an indirect or secondary consequence of any act or omission of 9.4 Except as expressly provided in this Agreement, there are no other terms, conditions, and/or warranties binding on the party in question; and (iv) the total liability of either party parties with respect to the actions contemplated by this Agreement. Any condition, warranty or other term in respect of all other loss this regard which might otherwise be implied or damage arising under or in connection with these Termsincorporated into this Agreement, whether in contractby statute, tort (including negligence), breach of statutory duty, common law or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Terms. For the avoidance of doubtis, your liability to pay the Charges (if any) shall not be subject to the cap under this clause 13.2(b)(iv); and (c) if you are a consumer: (i) Diode is not liable to you for business, insofar as it is supplying goods and services lawful to you for your domestic and private use. If you use Diode's goods and services for any commercialdo so, business or re-sale purpose, Diode will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and (ii) the total liability of Diode to you, and you to Diode, in respect of all other loss or damage arising under or in connection with these Terms, whether in contract, tort hereby excluded (including negligence)any representation, breach of statutory duty, condition or otherwise, shall in no circumstances exceed an amount equal warranty as to the aggregate sum of all fees paid and payable under these Termssufficiency, accuracy or fitness for purpose.

Exclusions and Limitations of Liability. Subject 4.1. The Services are provided solely and exclusively by us, acting through its directors and employees. No director or employee assumes any personal responsibility to clause 13.1 you, and accordingly no director or employee shall owe you any personal duty of care. 4.2. It is agreed and understood that no director or employee shall be liable to you and you will not bring any claim against any director or employee for any loss or damage howsoever arising as a consequence of the acts or omissions of such director or employee (including negligent acts or omissions), save where such loss or damage is caused by fraud on the part of such director or employee, or cannot otherwise be lawfully excluded. The Company itself shall be liable to you to the same extent as it would have been in the absence of this exclusion, and the Company undertakes not to rely upon any matter by way of defence if and to the extent that such matter would not have been available to it in the absence of this exclusion. 4.3. The extent to which any loss or damage will be recoverable by you from us will also be limited so as to be in proportion to our contribution to the overall fault for such loss or damage, taking into account any contributory negligence by you and any negligence by your other advisers and/or any third party responsible to you and/or liable in respect of such loss or damage.‌‌ 4.4. Servca’s aggregate liability for breach of contract, negligence, breach of statutory duty or other claim arising out of or in connection with this Agreement or the Services shall be limited as follows: a) in respect of personal injury or death caused by Servca’s negligence, GBP 1 million; b) in respect of any matter where liability cannot be excluded by law, GBP 1 million; c) in respect of any fraudulent acts (including theft or conversion) or willful default by Servca, GBP 1 million; d) in respect of claims other than under (a), (b) and (c) above, and save as expressly and specifically provided in these Terms:the total aggregate liability of Servca shall be limited to the sum of GBP 5 million; and e) subject to (a), (b) if you are a business and (including anything entered by your employeesc) or a consumerabove, you assume sole responsibility for the accuracy and sufficiency of Your Data, and any results you obtain from the use in respect of the Diode Charge Platformfollowing losses: loss of revenue; loss of opportunity; loss of reputation; loss of profits; loss of anticipated savings; increased costs of doing business; or any other indirect or consequential loss, and for conclusions drawn from such use. Diode shall Servca will have no liability for any loss damage caused by errors or omissions in any information (including Your Data)circumstances. 4.5. Both you and we agree that the foregoing exclusions and limitations are reasonable, instructions you provide to Diode based on the level of risk assumed by us in connection with the Diode Charge Platform, Services we provide and the fees and/ or any actions taken by Diode at your direction;commission or brokerage earned under this TOBA. (b) if you are a business: (i) all warranties, representations, conditions and all other 4.6. The terms of any kind whatsoever implied by statute or common law are, to the greatest extent permitted by applicable law, excluded from these Terms; (ii) the Diode Charge Platform and any associated documentation and other materials are provided to you on an "as is" basis; (iii) neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (A) any loss of profit, sales, revenue, or business; (B) loss of anticipated savings; (C) loss of or damage to goodwill; (D) loss of agreements or contracts; (E) loss of use or corruption of software, data or information; (F) any loss arising out of the lawful termination of these Terms or any decision not to renew its term; or (G) any loss that is an indirect or secondary consequence of any act or omission of the party in question; and (iv) the total liability of either party to the other in respect of all other loss or damage arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Terms. For the avoidance of doubt, your liability to pay the Charges (if any) shall not be subject to the cap under this clause 13.2(b)(iv); and (c) if you are a consumer: (i) Diode is not liable to you for business, as it is supplying goods 4 shall be enforceable by directors and services to you for your domestic and private use. If you use Diode's goods and services for any commercial, business or re-sale purpose, Diode will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and (ii) the total liability of Diode to you, and you to Diode, in respect of all other loss or damage arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Termsemployees.

Exclusions and Limitations of Liability. Subject to clause 13.1 above, and save as expressly and specifically provided in these Terms: (a) if you are a business (including anything entered The Client acknowledges that some of the Mirus Data is supplied by your employees) or a consumer, you assume sole responsibility for third parties and Mirus does not guarantee the accuracy and sufficiency of Your Data, and any results you obtain from the use or validity of the Diode Charge Platform, and for conclusions drawn from such use. Diode shall have no liability for any loss damage caused by errors or omissions in any information (including Your Mirus Data), instructions you provide to Diode in connection with the Diode Charge Platform, or any actions taken by Diode at your direction;. (b) if you The Client understands that the Client is responsible for assessing the value of the information provided by Mirus and for the business decisions made, regardless of whether the decisions are based on the information and data supplied by Mirus. (c) Mirus does not exclude or limit the application of any provision of any statute (including the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth)) where to do so would contravene that statute or cause any part of this Agreement to be void. (d) Mirus excludes from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non- excludable Condition”). (e) Mirus’s liability to the Client for a businessbreach of any express term of this Agreement or any Non-excludable Condition (other than one implied by the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth)) is limited, at Mirus’s option, to any one of supplying, replacing or repairing the goods or supplying again the services, in respect of which the breach occurred. Direct Business S:2125146_ S: 2125146_1 LMN (f) Mirus excludes all liability to the Client: (i) all warrantiesin any cause of action whatsoever for loss or damage arising out of or in connection with any lending decision made using information supplied by Mirus (whether or not supplied using the Mirus Data), representationsincluding without limitation, conditions lost profits and all other terms damage suffered as a result of claims by any kind whatsoever implied by statute third person, such as a customer or common law are, to the greatest extent permitted by applicable law, excluded from these TermsClient; (ii) in contract for consequential or indirect damages arising out of or in connection with the Diode Charge Platform Mirus Data, and this Agreement even if: (A) Mirus knew they were possible; or (B) they were otherwise foreseeable, including without limitation, lost profits and damage suffered as a result of claims by any associated documentation and other materials are provided to you on an "third person, such as is" basisa customer of the Client or End User; (iii) neither in negligence for acts or omissions of Mirus, its employees, agents and contractors arising out of or in connection with the Mirus Data and this Agreement; and (iv) in connection with the use by the Client or any third party shall under of any circumstances whatever be liable telephone number disclosed by Mirus to the otherClient as part of the Mirus Data that appears on the national Do Not Call Register. (g) The Client indemnifies Mirus in respect of any loss, claim, liability or expense incurred by Mirus (whether in contract, tort (including negligence), breach strict liability, statute or otherwise at all) resulting from the Client’s or End User’s use or possession of statutory duty, or otherwise, for:telephone numbers on the Do Not Call Register disclosed by Mirus to the Client as part of the Mirus Data. (Ah) any loss of profit, sales, revenue, or business; (B) loss of anticipated savings; (C) loss of or damage to goodwill; (D) loss of agreements or contracts; (E) loss of use or corruption of software, data or information; (F) any loss arising out Each indemnity in this Agreement is a continuing obligation of the lawful termination of these Terms or any decision not to renew its term; or (G) any loss that is an indirect or secondary consequence of any act or omission of the party in question; and (iv) the total liability of either party to the other in respect of all other loss or damage arising under or in connection with these Termsindemnifying party, whether in contractor not legal proceedings are instituted, tort (including negligence), breach and survives the termination or expiry of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Terms. For the avoidance of doubt, your liability to pay the Charges (if any) shall not be subject to the cap under this clause 13.2(b)(iv); and (c) if you are a consumer:Agreement. (i) Diode Each indemnity in this Agreement is not liable to you for businessan additional, as it is supplying goods separate and services to you for your domestic independent obligation of the indemnifying party and private use. If you use Diode's goods and services for no one indemnity limits the generality of any commercial, business or re-sale purpose, Diode will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; andother indemnity (iij) The indemnities in this Agreement include legal costs on a solicitor client basis and damages and other compensation paid on the total liability advice of Diode legal advisers to you, and you to Diode, in respect of all other loss compromise or damage arising under or in connection with these Termssettle any claim, whether in contract, tort (including negligence), breach of statutory duty, between the parties or otherwise, shall in no circumstances exceed an amount equal to the aggregate sum of all fees paid and payable under these Termsanother person.