Liability Exceptions Clause Samples

A Liability Exceptions clause defines specific circumstances under which the standard limitations or exclusions of liability in a contract do not apply. Typically, this clause carves out exceptions for situations such as willful misconduct, gross negligence, or breaches of confidentiality, meaning that parties remain fully liable for these actions regardless of any general liability caps elsewhere in the agreement. By clearly outlining these exceptions, the clause ensures that certain serious or intentional harms are not shielded by liability limits, thereby protecting parties from significant risks that should not be contractually excused.
Liability Exceptions. The Client should not proceed to account opening if he/she is under the age of 18, otherwise we shall cancel the account. The Company shall not accept Clients whose residency is outside EEA and shall reserve the right not to approve Clients at its discretion. The Company shall not undertake liability in the case of a communication problem - via internet or on phone or other methods – emerges, that may impact the Client’s existing positions or the Client’s need to open new positions or add limit orders. In case a Client falls under the “Politically Exposed Person” (PEP) category, then that client should disclose it, during the account registration process (for more information regarding the “Politically Exposed Person”, as stipulated by CySEC, kindly read the Directive DI144-2007-08). The Company is not liable for any losses of the Client’s investment and hereby warns the Client not to invest any capital, the loss of which the Client cannot afford to suffer.
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Liability Exceptions. The Company’s services and products traded are only available to individuals who are at least 18 years old. The Customer represents and warrants that if the Customer is an individual, that he/she is at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information the Customer has submitted is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer its products and services to any person or entity and change its eligibility criteria at any time. The Company will not accept Customers whose residency is in the USA and Belgium and l reserves its right not to approve Customers at its discretion. The Company will not undertake liability in the case of a communication problem - via internet or on phone or other methods – emerges, that may impact the Customer’s existing positions or the Customer’s need to open new positions or add limit orders. The event where a Customer falls under the ‘Politically Exposed Person’ (PEP) definition, then he/she should disclose it, during the account registration process (for more information regarding the “Politically Exposed Person”, as stipulated by CySEC (kindly refer to Directive DI144-2007-08).
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Liability Exceptions. Liability for a breach by a party of its confidentiality obligations under this ▇▇▇▇ shall be excluded from such limitations on liability in Sections 6(d)(i) (Consequential Damages Waiver) and 6(d)(ii) (Liability for Direct Damages). Liability for a breach by you of Section 6(b) (Your Warranties), fulfillment by Next Caller of its obligations with respect to third party claims pursuant to Section 7 (Infringement Claims Coverage) and fulfillment by you of your obligations with respect to third party claims pursuant to Section 8 (Your Coverage for Third Party Claims) are excluded from such limitations of liability in Section 6(d)(ii) (Liability for Direct Damages).
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Liability Exceptions. Government Entity may be liable for all billed Transactions, regardless of liability option specified in Schedule 1, in the following circumstances:
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Liability Exceptions. The Client should not proceed to account opening if he/she is under the age of 18, otherwise we shall cancel the account. The Company shall not accept Clients whose residency is outside EEA and shall reserve the right not to approve Clients at its discretion. The Company shall not undertake liability in the case of a communication problem - via internet or on phone or other methods – emerges, that may impact the Client’s existing positions or the Client’s need to open new positions or add limit orders. In case a Client falls under the “Politically Exposed Person” (PEP) category, then that client should disclose it, during the account registration process (for more information regarding the “Politically Exposed Person”, as stipulated by CySEC, kindly read the Directive DI144-2007-08). The Company is not liable for any losses of the Client’s investment and hereby warns the Client not to invest any capital, the loss of which the Client cannot afford to suffer. The Client understands that the Company cannot and will not guarantee or warrant that files and/or Software available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are also responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements at your end for accuracy.
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Related to Liability Exceptions

  • Security Exceptions Nothing in this Agreement shall be construed: (a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests: (i) relating to fissionable and fusionable materials or the materials from which they are derived; (ii) relating to the supply of services as carried out directly for the purpose of provisioning a military establishment; (iii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; and (iv) taken in time of war or other emergency in international relations; or (c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for maintenance of international peace and security.

  • Confidentiality; Exceptions Except to the extent expressly authorized by this Agreement or otherwise agreed in writing, the Parties agree that, for the term of this Agreement and for three (3) years thereafter, the receiving Party shall keep completely confidential and shall not publish or otherwise disclose and shall not use for any purpose other than proper performance hereunder any information furnished to it by the other Party pursuant to this Agreement, except to the extent that it can be established by the receiving Party by competent proof that such information: (a) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the other Party; (b) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; (c) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; (d) was disclosed to the receiving Party, other than under an obligation of confidentiality, by a Third Party who had no obligation to the disclosing Party not to disclose such information to others; or (e) was independently developed by or for the receiving Party by persons not having access to such information, as determined by the written records of such party.

  • Liability Exculpation and Indemnification 37 Section 10.1. Liability........................................................................... 37 Section 10.2. Exculpation......................................................................... 37 Section 10.3. Indemnification..................................................................... 38 Section 10.4. Expenses ........................................................................... 38

  • General Exceptions For purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Operational Procedures Related to Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Trade Remedies), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 7 (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994, as incorporated into this Agreement, can include any measure necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of any exhaustible natural resource.

  • Liability Limitations This paragraph limits the liabilities arising under this Agreement or any SOW and is a bargained-for and material part of our business relationship with you. You acknowledge and agree that Verticomm would not enter into any SOW or this Agreement unless Verticomm could rely on the limitations described in this paragraph. In no event shall either party be liable for any indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits (except for fees due and owing to Verticomm), savings, or other indirect or contingent event-based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of the possibility of such damages; however, reasonable attorneys’ fees awarded to a prevailing party (as described below), your indemnification obligations, and any amounts due and payable pursuant to the non-solicitation provision of this Agreement shall not be limited by the foregoing limitation. Except for the foregoing exceptions, a responsible party’s (“Responsible Party’s”) aggregate liability to the other party (“Aggrieved Party”) for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement (collectively, “Claims”), whether in contract, tort, indemnification, or negligence, shall be limited solely to the amount of the Aggrieved Party’s actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to Verticomm for the specific Service upon which the applicable claim(s) is/are based during the three (3) month period immediately prior to the date on which the cause of action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party’s willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party’s liability obligation shall be reduced to the extent that a Claim is caused by, or the result of, the Aggrieved Party’s willful or intentional misconduct, or gross negligence.