Exemption and Limitation of Liability Clause Samples

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Exemption and Limitation of Liability. 8.1. You agree that any conditions, warranties and other terms implied by statute or common law, which would or might subsist in your favor, are excluded from this Agreement to the fullest extent permitted by law. 8.2. Neither we, nor any BlueVoyant External Service Provider, shall be responsible for any delay in the performance of the Services where such delay is beyond our control (including, but not limited to your failure to provide, in a timely manner, any information required for the purposes of the Engagement). 8.3. Neither we, nor any BlueVoyant External Service Provider, shall be liable to you for any loss or damage suffered by you of any kind whatsoever arising from or in connection with the acts or omissions of any third-party, including but not limited to circumstances in which we have relied on information provided or published by third parties for the purposes of the provision the Services and such information is subsequently discovered by us to be inaccurate. 8.4. Neither BlueVoyant nor any BlueVoyant External Service Provider will be liable under any negligence, tort, strict or professional liability, contract or other legal or equitable theory for any claims, liabilities, losses or expenses relating to thE Engagement or the services contemplated thereunder for: (i) an aggregate amount in excess of the fees actually paid by Client to BlueVoyant pursuant to this Agreement, except to the extent such liability is determined by a court of competent jurisdiction in a final, non-appealable judgment to have resulted from BlueVoyant’s gross negligence, fraud, or willful misconduct; (II) consequential, special, indirect, punitive or exemplary losses, damages or expenses, including without limitation damages for loss of data, loss of business profits, business interruption, costs of procurement of substitute goods, services, technology or rights, or other pecuniary loss; or (III) any matter beyond its reasonable control; in each case, even if BlueVoyant has been advised of the possibility of such damages 8.5. You agree that no claim under or in connection with this Agreement and/or the Services shall be brought against us, any BlueVoyant Person or BlueVoyant External Service Provider after the expiration of two (2) years from the date on which your cause of actions accrues.
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Exemption and Limitation of Liability. You acknowledge and agree that the Company is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Company, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by the company or its affiliates or licensors and any destruction of your information. Under no circumstances will the Company, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same. The Company does not accept any liability with respect to the quality or fitness of any work performed via the platform. If, notwithstanding the foregoing exclusions, it is determined that the Company or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the six (6) months prior to the time such claim arose.
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Exemption and Limitation of Liability. Exemption: Both parties agree that they can be exempted from liability under the following circumstances:
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Exemption and Limitation of Liability 
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Related to Exemption and Limitation of Liability

  • Warranty and Limitation of Liability Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

  • Indemnification and Limitation of Liability (a) In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of FSSC and its trustees, officers, employees, agents and representatives, the Funds agree to indemnify FSSC and its trustees, officers, employees, agents and representatives against any and all claims, demands, liabilities and reasonable expenses (including attorneys’ fees), related to or otherwise connected with (i) any breach by the Funds of any provision of this Agreement; or (ii) any action by a Fund’s Shareholder against FSSC. (b) FSSC shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. In no event shall FSSC be liable for indirect or consequential damages. (c) Any person, even though also an officer, trustee, partner, employee or agent of FSSC, who may be or become an officer, employee or agent of any Fund or a member of a Fund's Board, shall be deemed, when rendering services to such Fund or acting on any business of such Fund (other than services or business in connection with the duties of FSSC hereunder) to be rendering such services to or acting solely for such Fund and not as an officer, trustee, partner, employee or agent or one under the control or direction of FSSC even though paid by FSSC. (d) FSSC is expressly put on notice of the limitation of liability as set forth in the Declaration of Trust of each Fund that is a Massachusetts business trust and agrees that the obligations assumed by each such Fund pursuant to this Agreement shall be limited in any case to such Fund and its assets and that FSSC shall not seek satisfaction of any such obligations from the Shareholders of such Fund, the Trustees, Officers, Employees or Agents of such Fund, or any of them. (e) The provisions of this Section shall survive the termination of this Agreement.