Limitation of loss Sample Clauses

Limitation of loss. 16.3.1. Notwithstanding any other Article or sub-provision in these Terms, in no event shall we, any affiliates or our service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise: a. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same; b. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers, or contracts; any loss or waste of overheads, management, or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same; c. any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Virtual Asset price data; any error or delay in the transmission of such data; and/or any interruption in any such data; d. any losses, damages, liabilities, costs or expenses whatsoever suffered or incurred by you in connection with any Service performed or action taken under these Terms unless caused by our gross negligence, wilful default or fraud; and/or e. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms (whether or not you are able to prove such loss or damage). 16.3.2. However, nothing in these Terms purports to exclude or limit liability which cannot be excluded or limited under applicable law.

Limitation of loss. 6.1 The order used to limit the loss is the stop loss order, and it is a solution for suspending the deal that is causing loss of the value to the client's equity. The company advises this order usage in order to gain control over the potential loss of every deal. As shown clearly at certain markets conditions there is no certainty that the limitation of stop loss order is to be executed with the requested rate, or not at all.

Limitation of loss. Without prejudice to Section 13.1, under no circumstances will MULTIBANK FX INTERNATIONAL CORPORATION’s liability in relation to a Transaction exceed the value of the consideration actually received by MULTIBANK FX INTERNATIONAL CORPORATION under that Transaction.

Limitation of loss. (a) Notwithstanding anything herein to the contrary, there shall be no recovery for any Loss or alleged Loss by the Buyer to the extent such item relates to or arises from a liability to the extent reflected as a liability of the Company (including when booked as a non-specific provision or reserve) in the financial statements described in Section 3.04 (Financial Statements). Further, any later cancellation or reversal of provisions or reserves shall be set off against any amount of Loss. (b) Each Indemnitee shall use reasonable efforts to mitigate its Losses upon and after becoming aware of any event or condition that would reasonably be expected to give rise to any Losses that are indemnifiable hereunder. (c) Notwithstanding anything herein to the contrary, except with respect to claims based upon fraud, neither the Company nor any Seller shall be liable for, and there shall be no remedy for any Losses of the Buyer with respect to, (i) any misrepresentation or inaccuracy in, or breach of, any representations or warranties of the Company or any Seller set forth herein or in any Schedule or Exhibit hereto or any certificate delivered hereunder, (ii) any breach of or failure in performance prior to Closing of any covenant or agreement to be performed by the Company or any Seller or in any Schedule or Exhibit hereto or any certificate delivered hereunder or (iii) any other Losses arising hereunder.

Limitation of loss. In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

Limitation of loss. Without prejudice to Section 13.1, unless when a Loss is a reasonably foreseeable consequence or arises directly from Nonco Group or its Affiliates ‘gross negligence, wilful default or fraud, Nonco Group’s liability in relation to a Transaction will not exceed the value of the consideration actually received by Nonco Group under that Transaction.

Limitation of loss. The second (2nd) sentence shall be amended to read as follows: "The fee schedules will be determined by Plan and, as of the Effective Date, shall be the fee schedules in place at the time of execution for Plan's HMO commercial ("Non-Medicare") and Medicare Benefit Contracts in the Service Area, net of any Copayments and Deductibles that would have applied to such fee schedule payments."

Limitation of loss. Anything in this Agreement to the contrary notwithstanding, in no event shall the Fiscal Agent, acting in such capacity, or any Paying Agent or Transfer Agent be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Fiscal Agent and any Paying Agent or Transfer Agent, as the case may be, has been advised of the likelihood of such loss or damage and regardless of the form of action.

Limitation of loss. 2.01 CEI shall not be liable to TENT for any loss sustained as a result of an act, omission or error in judgment, unless CEI acted, or failed to act, and such act or failure to act was constituted in bad faith. 2.02 While the amount of time and personnel required for performance by CEI hereunder will necessarily vary depending upon the nature and type of Services, CEI shall devote such time and effort to make available such personnel as may, from time to time, reasonably be required for the performance of Services hereunder. 2.03 TENT agrees to fully cooperate with CEI and to respond in a timely manner to questions, issues, etc, that are raised by CEI in order that CEI can fully perform the services contemplated herein.