LIMITATION OF LIABILITY CLAUSE Sample Clauses

LIMITATION OF LIABILITY CLAUSE. (a) The Client enters into this Agreement as custodian and agent of , the Responsible Entity of the (“Trust") and in no other capacity. (b) The parties other than the Client acknowledge that the Obligations are incurred by the Client solely in its capacity as custodian of the assets of the Trust ("Assets") and as agent of the Responsible Entity and that the Client will cease to have any obligation under this Agreement if the Client ceases for any reason to be the custodian of the Assets. (c) The Client will not be liable to pay or satisfy any Obligations except to the extent to which it is indemnified by the Responsible Entity or except out of the Assets against which it is entitled to be indemnified in respect of any liability incurred by it. (d) The parties other than the Client may enforce their rights against the Client arising from non- performance of the Obligations only to the extent of the Client’s indemnity provided above in clause 23(c). (e) If any party other than the Client does not recover all money owing to it arising from non- performance of the Obligations it may not seek to recover the shortfall by: (i) bringing proceedings against the Client in its personal capacity; or (ii) applying to have the Client put into administration or wound up or applying to have a receiver or similar person appointed to the Client or proving in the administration or winding up of the Client. (f) Except in the case of and to the extent of fraud, gross negligence breach of trust or breach of duty on the part of the Client under its custody agreement with the Responsible Entity (which disentitles it from any indemnity out of the Assets in relation to the relevant liability), the parties other than the Client waive their rights and release the Client from any personal liability whatsoever, in respect of any loss or damage: (i) which they may suffer as a result of any: (A) breach of the Client of any of its Obligations; or (B) non-performance by the Client of its Obligations; and (ii) which cannot be paid or satisfied out of the indemnity set out above (clause (c)) in respect of any liability incurred by it. DRAFT ONLY (g) The parties other than the Client acknowledge that the whole of this Agreement is subject to this clause and the Client shall in no circumstances be required to satisfy any liability arising under, or for non-performance or breach of any Obligations under or in respect of, this Agreement or under or in respect of any other document to which it is...

LIMITATION OF LIABILITY CLAUSE. To the fullest extent permitted by law, the CONTRACTOR and its officers. directors. employees. agents. and affiliates shall not be liable to the CONTRACTEE or any third party for any direct. Indirect, incidental. special, or consequential damages arising out of or in connection with this agreement, including. but not limited to. lost profits. lost revenue. lost data. or other economic loss. regardless of the form of action, whether in contract tort, strict liability. or otherwise. even if the CONTRACTOR has been advised of the possibility of such damages. In any event. the total liability of the CONTRACTOR and its officers. directors. employees. agents. and affiliates for any claim arising out of or in connection with this agreement shall be limited to the fees paid by the CONTRACTEE to the CONTRACTOR under this agreement.

LIMITATION OF LIABILITY CLAUSE. ● PREMIUM PAYMENT CLAUSE ● PERSONAL INJURY EXTENSION ● CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE ● DATE RECOGNITION EXCLUSION CLAUSE ● DATE RECOGNITION LIMITED COVERAGE CLAUSE ● NUCLEAR RISKS EXCLUSION CLAUSE ● NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE ● WAR, HI - JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) ● ASBESTOS EXCLUSION CLAUSE

LIMITATION OF LIABILITY CLAUSE. RLC makes no representation or warranties other than those set forth herein and shall not be liable for customary variations from specifications. ALL CUSTOMERS ARE EXPRESSLY NOTIFIED THAT UNDER NO CIRCUMSTANCES SHALL RLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF BENEFICIAL USE, EVEN IF RLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR BREACH OF WARRANTY). IN NO EVENT WILL RLC’S LIABILITY TO ENTITY THAT IMPLEMENTS, USES OR INSTALLS EQUIPMENT PROVIDED WITHOUT AN APPROVED SIGN-OFF FROM RLC VALIDATING THE PROCESS OR PROCEDURE. ANY PARTY MAKING CLAIM THAT EXCEEDS THE PRICE PAID FOR THAT PORTION OF THE GOODS SOLD THAT ARE PROVEN TO HAVE CAUSED SAID LOSS OR DAMAGE WILL NOT BE ALLOWED.

LIMITATION OF LIABILITY CLAUSE. Further to Sections 3.01 and 5.01 of this Agreement, no liability shall attach or accrue to the participating municipality for failing to provide an automatic aid response in the event that the participating fire service does not have equipment and staff available at the time of the incident.

LIMITATION OF LIABILITY CLAUSE. Each Party of this Memorandum of Understanding is acting always and exclusively in its own name and on its own behalf, and any liability for the obligations entered into by the other Party shall be excluded, unless expressly agreed in writing to that effect.

LIMITATION OF LIABILITY CLAUSE. 13.1 Subject to Section 13.2, the total, cumulative liability of the Supplier to the Customer (including its Affiliates and the service recipients) under or in connection with this Agreement and all Work Orders, whether in contract, tort (including negligence), under statute or otherwise, shall be limited to 100% of the net charges paid by the Customer to the Supplier under the relevant Work Order in the twelve

LIMITATION OF LIABILITY CLAUSE. To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant, Consultant’s officers, directors, partners, employees, agents, and sub-consultants, to Client, and anyone claiming by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Consultant.

LIMITATION OF LIABILITY CLAUSE. 6.1 The MNCG HQ does not assume obligations on behalf of the University of Trieste nor does it represent it, always and exclusively acting in its own name and on its own account, unless expressly authorized by the University of Trieste. 6.2 The University of Trieste does not assume the obligations on behalf of the MNCG HQ nor does it represent it, always and exclusively acting in its own name and on its own account, unless expressly authorized by the MNCG HQ. 6.3 Any guarantee by the University of Trieste for the obligations contracted by the MNCG HQ is excluded; likewise, any guarantee of MNCG HQ for the obligations contracted by the University of Trieste is excluded.