Liability Not Relieved Clause Samples

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Liability Not Relieved. A Force Majeure Event which affects a Party's performance under this Agreement will not relieve that Party of liability in the event, and to the extent, that its negligence caused or contributed to its failure to perform under this Agreement. A Party will not be relieved from a breach of an obligation or liability to the extent that it arises from the failure of that Party to comply with clause 24.3.
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Liability Not Relieved. Events of Force Majeure or circumstances affecting the performance under this Agreement by either the Sellers or Buyer, however, shall not relieve that Party of liability in the event, and to the extent that, its negligence caused or contributed to its failure to perform under this Agreement or in the event of its failure to use all reasonable endeavours to remedy the situation and to remove the event or circumstances giving rise to the Force Majeure in an adequate manner with all reasonable dispatch.
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Liability Not Relieved. (a) Despite Force Majeure affecting the performance of a party's obligations under this Agreement, a party is not relieved of liability: (i) to the extent that its negligence caused or contributed to its failure to perform under this Agreement; and (ii) for its failure to use all reasonable endeavours to remedy the situation and to remove the event or circumstances giving rise to the Force Majeure in an adequate manner with all reasonable dispatch. (b) A party must pay amounts due in respect of obligations under this Agreement which have been performed prior to the occurrence of a Force Majeure, even it that Force Majeure affects the continued performance of those obligations.
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Liability Not Relieved. Force Majeure Events do not relieve a Party of liability: (a) if and to the extent that its negligence, wilful misconduct or breach of contract caused or contributed to its failure to perform under this Agreement; (b) if and to the extent that it fails to use reasonable endeavours to remedy the situation and to remove the event or circumstances giving rise to the Force Majeure Event adequately and promptly; or (c) to make payments of amounts then due in respect of Gas previously delivered.
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Liability Not Relieved. Force Majeure will not relieve a Party of its obligation to perform this Contract to the extent that its failure to perform is contributed to by: 17.7.1 its negligence; or 17.7.2 its failure to promptly use its best endeavours to mitigate or remedy the Force Majeure and its effects.
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Liability Not Relieved. An Intervening Event affecting a party's performance under this Agreement will not relieve that party of liability in the event, and to the extent, that: (a) its negligence, failure to comply with any Business Contingency Plan required under the SOA, or breach of this Agreement (which was not caused by the Intervening Event) was caused or contributed to its failure to perform under this Agreement; or (b) it failed to use all reasonable endeavours to remedy the situation and to remove the event or circumstances giving rise to the Intervening Event.
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Related to Liability Not Relieved

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • No Special Damages In no event shall either party be liable hereunder (whether in an action in negligence, contract or tort or based on a warranty or otherwise) for any indirect, incidental, special or consequential damages incurred by the other party or any third party, even if the party has been advised of the possibility of such damages.

  • Limitation on Consequential Damages In no event will the Collateral Custodian or any of their officers, directors, employees or agents be liable for any consequential, indirect, punitive or special damages regardless of the form of action and regardless of whether the Collateral Custodian or any of their officers, directors, employees or agents were warned of the possibility thereof in advance.