Limitation of Damages and Liability Sample Clauses
POPULAR SAMPLE Copied 1 times
Limitation of Damages and Liability. THE MANAGING VENTURER AND ITS DIRECTORS, OFFICERS, AGENTS AND ATTORNEYS WILL NOT BE LIABLE TO THE VENTURE OR VENTURERS FOR ANY ACT OR OMISSION, EXCEPT TO THE EXTENT OF ANY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE MANAGING VENTURER OR SUCH PERSONS; PROVIDED, HOWEVER, THAT THE FOREGOING PROVISION SHALL NOT BE CONSTRUED TO ELIMINATE A VENTURER’S DUTY OF LOYALTY, DUTY OF CARE OR OBLIGATION OF GOOD FAITH TO THE VENTURE AND OTHER VENTURERS UNDER THE ACT. NEITHER THE MANAGING VENTURER NOR ANY VENTURER SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST REVENUES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE MANAGING VENTURER AND THE VENTURERS THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF THE MANAGING VENTURER OR ANY VENTURER, WHETHER SUCH NEGLIGENCE BE JOINT, SOLE, CONCURRENT, COMPARATIVE OR CONTRIBUTORY FAULT OR NEGLIGENCE, FAULT IMPOSED BY LAW, STRICT LIABILITY, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE MANAGING VENTURER OR ANY VENTURER, ITS DIRECTORS, OFFICERS, AGENTS AND/OR ATTORNEYS.
Limitation of Damages and Liability. Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that the Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "losses") caused by your use of online banking or the use of online banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by the Bank or one of its suppliers. In addition, the Bank disclaims any responsibility for any electronic virus(s) you may encounter after installationof such software or use of Online Banking or the online services. Without limiting the foregoing, neither the Bank nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality, or security of any data while in transit via the internet, communication lines, postal system or ACH network. The Bank and its suppliers provide OnlineServices from their own sites and they make no representation or warranty that any information, material, or functions included in Online Services are appropriate for use by you in your jurisdiction. If you choose to use Online Services, you do so at your own initiative and are solely responsible for compliance with applicable locallaws and regulations. Neither the Bank nor its suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of Online Services or contained in any third-party sites linked to or from the Bank's website.
Limitation of Damages and Liability a. Limitation of Damages
Limitation of Damages and Liability. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXTRAORDINARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.4 BELOW, LICENSOR’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE UNDER THIS AGREEMENT.
Limitation of Damages and Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER HEREUNDER FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING REASONABLE ATTORNEYS' FEES AND LOST PROFITS) THAT RESULT FROM OR ARE RELATED TO THIS AGREEMENT, EVEN IF THE PARTY FROM WHOM INDEMNITY IS SOUGHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT OTHER THAN WITH RESPECT TO INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, BUILDNET'S AGGREGATE LIABILITY TO COMPANY UNDER THIS AGREEMENT FOR DAMAGES, COSTS, AND EXPENSES SHALL NOT EXCEED THE AMOUNT RECEIVED BY BUILDNET UNDER THIS AGREEMENT WITHIN TWELVE MONTHS OF THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY NOTHING IN THIS SECTION SHALL LIMIT IN ANY MANNER EITHER PARTY'S RIGHTS TO SEEK INJUNCTIVE RELIEF. 6 7
Limitation of Damages and Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY'S OBLIGATIONS RELATED TO: (i) BREACHES OF CONFIDENTIALITY; (ii) VIOLATIONS OF LAW; OR (iii) THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE OR LICENSEE’S PERSONNEL, IN EACH CASE WHICH SHALL BE UNCAPPED, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUR OF OR RELATING IN ANY WAY TO THE LICENSED INTELLECTUAL PROPERTY OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT OR FROM ANY BREACH OF THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY’S LIABILITY EXCEED THE AMOUNT OR VALUE, IF ANY, OF SHARES OR OTHER CONSIDERATION ACTUALLY RECEIVED BY THAT PARTY UNDER THIS AGREEMENT.
Limitation of Damages and Liability. Except as specifically provided for in this agreement or where the law requires a different standard, you agree that the Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "losses") caused by your use of online banking or the use of online banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by the Bank or one of its suppliers. In addition, the Bank disclaims any responsibility for any electronic virus(s) you may encounter after installation of such software or use of Online Banking or the online services. Without limiting the foregoing, neither the Bank nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the internet, communication lines, postal system or ACH network. The Bank and its suppliers provide Online Banking and the online services from their own sites and they make no representation or warranty that any information, material, or functions included in Online Banking or the online services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the online services, you do so at your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither the Bank nor its suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of Online Banking, the online services, or contained in any third party sites linked to or from the Bank's web site. All information and services are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness or a particular purpose, error-free operation, title or non-infringement. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of Online Banking, Online Services, or any software that may be used in connection with the same.
Limitation of Damages and Liability. The Company makes no warranties or claims regarding products, services, website, information, of merchantability of products and services. Company also makes no representations that the function and operation of the website will be uninterrupted or error free. Company will not be liable for any interruptions or errors that might occur from interruptions of members requesting refunds due to functionality. Company reserves the right to update, modify features, services and products without prior notification to Partner.
Limitation of Damages and Liability. Notwithstanding any other provisions in this Lease, Landlord shall not be liable to Tenant for any special, consequential, incidental or punitive damages. If Landlord, or its employees, officers, directors, stockholders or partners, are ordered to pay Tenant a money judgment because of Landlord’s breach of this Lease, such money judgment may only be enforced against and satisfied out of: (i) Landlord’s interest in the Premises, including the rental income and proceeds from sale; and (ii) any insurance or condemnation proceeds received because of damage or condemnation to, or of, the Premises that are available for use by Landlord. No other assets of Landlord or the other parties exculpated by the preceding sentence shall be liable for, or subject to, any such money judgment.
Limitation of Damages and Liability. IN NO EVENT SHALL LICENSOR OR ITS CONTROL PERSONS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF INFORMATION, LOSS OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF LICENSEE OR ANY THIRD PARTY (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO LICENSEE'S USE OF THE TECHNOLOGY OR THE PROCESS AND/OR ACCOMPANYING DOCUMENTATION OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. IN NO EVENT SHALL LICENSOR’S LIABILITY EXCEED THE AMOUNT, IF ANY, OF THE COMPENSATION DESCRIBED HEREIN OR OTHER CONSIDERATION ACTUALLY RECEIVED BY LICENSOR UNDER THIS AGREEMENT.