Common use of LIMITATION OF REMEDIES AND LIABILITY Clause in Contracts

LIMITATION OF REMEDIES AND LIABILITY. 7.1 Nothing in this Agreement shall operate to exclude or limit either Party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud, fraudulent representation; (c) any other liability which cannot be excluded or limited under Applicable Law; or (d) breach of clause 6.5 or clause 13. 7.2 Neither Party shall be liable to the other for any loss of (i) profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity (whether a direct or indirect result of the circumstances relating to the applicable claim), or (ii) for any indirect of consequential loss or damage. 7.3 The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Customer. 7.4 Each Party agrees that all terms implied to give business efficacy to this Agreement or implied by Applicable Law including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, or through custom, usage or course of dealing, are excluded to the fullest extent permitted by law. 7.5 Subject to clauses 7.1, 7.2, and 7.3, the Supplier’s aggregate liability in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall not exceed the amount of the Charges paid or payable under this Agreement. 7.6 During the term of the Agreement and for a period of two (2) years thereafter, the Supplier shall at its own cost maintain in force, with a reputable insurance company, a policy or policies of insurance providing an adequate level of cover (including professional indemnity insurance, products liability insurance and public liability insurance) to cover such liability as may arise under or in connection with the Agreement, and shall, on request of the Customer, produce the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance. 7.7 Each Party acknowledges that: (a) except as expressly and specifically provided in this Agreement, the Customer assumes sole responsibility for the use of the Web Service, and the User Content. The Supplier shall have no liability for any damage caused by errors or omissions in any information contained in the User Content, or for any actions taken by the Supplier at the Customer's direction; and (b) the Customer is wholly responsible for the Customer's interpretation and use of the Front Line User Content and for all and any processes and procedures for support, investigation, resolution or otherwise in respect of the same. 7.8 The provisions of this clause 7 shall survive the termination of this Agreement, however arising.

LIMITATION OF REMEDIES AND LIABILITY. 7.1 Nothing in this Agreement shall operate to exclude or limit either Party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud, fraudulent representation; (c) any other liability which cannot be excluded or limited under Applicable Law; or (d) breach of clause 6.5 3.2 or clause 13. 7.2 Neither Party shall be liable to the other for any loss of (i) profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity (whether a direct or indirect result of the circumstances relating to the applicable claim), or (ii) for any indirect of or consequential loss or damage. 7.3 The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Customer. 7.4 Each Party agrees that all terms implied to give business efficacy to this Agreement or implied by Applicable Law including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, or through custom, usage or course of dealing, are excluded to the fullest extent permitted by law. 7.5 Subject to clauses 7.1, clause 7.2, and 7.3, the Supplier’s aggregate liability in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall not exceed the amount of the Charges paid or payable under this Agreement. 7.6 7.5 During the term of the Agreement and for a period of two (2) years thereafter, the Supplier shall at its own cost maintain in force, with a reputable insurance company, a policy or policies of insurance providing an adequate level of cover (including professional indemnity insurance, products liability insurance and public liability insurance) to cover such liability as may arise under or in connection with the Agreement, and shall, on request of the Customer, produce the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance. 7.7 7.6 Each Party acknowledges that: (a) except as expressly and specifically provided in this Agreement, the Customer assumes sole responsibility for the use of the Web Service, and the User Content. The Supplier shall have no liability for any damage caused by errors or omissions in any information contained in the User Content, or for any actions taken by the Supplier at the Customer's direction; and; (b) the Customer is wholly responsible for the Customer's interpretation and use of the Front Line User Content and for all and any processes and procedures for support, investigation, resolution or otherwise in respect of the same; and (c) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Law, excluded from this Agreement. 7.8 7.7 The provisions of this clause 7 shall survive the termination of this Agreement, however arising.

LIMITATION OF REMEDIES AND LIABILITY. 7.1 Nothing The warranties, conditions, representations, obligations and liabilities of QAS and the remedies of the Customer expressly stated in this Agreement shall operate to exclude or limit either Party’s liability are exclusive and in substitution for: (a) death or personal injury caused by its negligence; (b) fraud, fraudulent representation; (c) and the Customer waives, releases and renounces all other warranties and other obligations and liabilities of QAS, and any other liability which canrights, claims and remedies of the Customer against QAS, express or implied, arising by Law or otherwise, with respect to any non-conformance or defect in any work under this Agreement, supplies, Pans, spare parts, equipment, any Service (including technical assistance and consulting) and all data and documentation and all other deliverables or other things provided under this Agreement including but not be excluded or limited under Applicable Law; or (d) breach of clause 6.5 or clause 13. 7.2 Neither Party shall be liable to the other for any loss of to: (i) profit, anticipated profits, revenues, anticipated savings, goodwill any implied warranty of merchantability or business opportunity (whether a direct or indirect result of the circumstances relating to the applicable claim), or fitness (ii) an implied warranty arising from the course of performance, course of dealing or usage of trade (iii) any obligation, liability, right claim or remedy in tort, whether or not arising from the negligent act or omission of QAS, and (iv) any obligation, liability, right, claim or remedy for any indirect of consequential loss or damage. 7.3 The Supplier shall not be responsible for damage to any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Customer. 7.4 Each Party agrees that all terms implied to give business efficacy to this Agreement or implied by Applicable Law including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, or through custom, usage or course of dealing, are excluded to the fullest extent permitted by law. 7.5 Subject to clauses 7.1, 7.2, and 7.3, the Supplier’s aggregate liability in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall not exceed the amount of the Charges paid or payable under this Agreement. 7.6 During the term of the Agreement and for a period of two (2) years thereafter, the Supplier shall at its own cost maintain in force, with a reputable insurance company, a policy or policies of insurance providing an adequate level of cover (including professional indemnity insurance, products liability insurance and public liability insurance) to cover such liability as may arise under or in connection with the Agreement, and shall, on request property of the Customer, produce including without limitation, any aircraft. The Customer agrees that QAS shall have no obligation or liability, whether arising in contract (including under any warranty), in tort (whether or not arising from the insurance certificate giving details negligent act or omission of cover and the receipt QAS), at equity or otherwise under Law, for the current year’s premium any direct or indirect loss of use, loss of profits, loss of business, loss of opportunity to make a profit, loss of business opportunity, loss of revenue, downtime costs, loss of capital, loss of goodwill, failure to make savings or anticipated savings or for any other incidental, indirect, consequential or pure economic loss, damages, costs or expenses, or any special, exemplary, punitive or similar damages with respect to any non-conformance or defect in respect of each insurance. 7.7 Each Party acknowledges that: (a) except as expressly and specifically provided in any work under this Agreement, supplies, Parts, spare parts, equipment, any Service (including technical assistance and consulting) and all data and documentation and all other deliverables or other things provided under this Agreement QAS and Customer agree that this clause has been the Customer assumes sole responsibility subject of discussion and negotiation and is fully understood by the parties and that the goods and services and other mutual agreements of the parties set forth in this Agreement were arrived at in consideration of each such provision, specifically including this clause. All limitations and exclusions of liability will operate for the use benefit of the Web ServiceQAS and each of the QAS's related bodies corporate, subcontractors and each of the their employees, directors, officers, agents and contractors and the User Content. The Supplier shall have no benefit of such limitations and exclusions of liability will be held on trust for any damage caused by errors or omissions in any information contained in the User Content, or for any actions taken by the Supplier at the Customer's direction; and (b) the Customer is wholly responsible and for the Customer's interpretation benefit of, (such that the limitations and use exclusions of liability may be directly enforced by each of the Front Line User Content QAS's related bodies corporate, subcontractors and for all and any processes and procedures for support, investigation, resolution or otherwise in respect each of the sametheir employees, directors, officers, agents and contractors. 7.8 The provisions of this clause 7 shall survive the termination of this Agreement, however arising.

LIMITATION OF REMEDIES AND LIABILITY. 7.1 ‌ 9.1 Nothing in this Agreement agreement shall operate to exclude or limit either Party’s the Supplier's liability for:for:‌ (a) death or personal injury caused by its negligence;; or (b) fraud, fraudulent representation;; or (c) any other liability which cannot be excluded or limited under Applicable Law; or (d) breach of clause 6.5 or clause 13applicable law. 7.2 Neither Party 9.2 The Supplier shall not be liable to the other Customer for any damage to software, damage to or loss of (i) data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity (whether a direct or indirect result of the circumstances relating to the applicable claim)opportunity, or (ii) for any indirect of or consequential loss or damage, loss of reputation or loss of, damage to or corruption of data. 7.3 9.3 The Supplier shall not be responsible liable to the other by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of this Agreement, for any injuryconsequential, lossspecial, damageincidental or punitive loss or damage (whether for loss of current or future profits, cost loss of enterprise value or expense if otherwise) and to the extent that it is caused whether occasioned by the negligence or wilful misconduct of the Customerrespective parties, their employees or agents or otherwise, even if advised of the possibility of such damages, except that this limitation shall not apply to damages directly or indirectly arising from personal injury or death caused by a party’s negligence. 7.4 Each Party agrees that all terms implied to give business efficacy 9.4 Where this Agreement provides for the indemnification of a party to this Agreement or implied by Applicable Law including for the Sale limitation of Goods Act 1979 a party’s liability, such indemnification and/or limitation (as the case may be) shall also apply for the benefit of such party’s affiliates and the Supply employees, officers, directors and agents of Goods and Services Act 1982any of them, or through custom, usage or course of dealing, are excluded to the fullest extent permitted by lawacting in such capacity. 7.5 9.5 Subject to clauses 7.1, 7.2, and 7.3clause 9.1, the Supplier’s 's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall not in no circumstances exceed the amount 100% of the total Charges paid or payable by the Customer to the Supplier under this Agreementagreement in that calendar year. 7.6 During 9.6 To the term of fullest extent permitted by law, apart from the Agreement foregoing warranties and for a period of two (2) years thereafterindemnity, the Supplier shall at its own cost maintain in force, with a reputable insurance company, a policy makes no additional representations or policies of insurance providing an adequate level of cover (including professional indemnity insurance, products liability insurance and public liability insurance) to cover such liability as may arise under or in connection with the Agreementwarranties, and shalldisclaims all warranties, on request representations, and liabilities, whether express or implied, arising from contract or tort (except fraud), imposed by statute or otherwise, relating to the conduct of the CustomerProject, produce the insurance certificate giving details of cover and the receipt including any warranties as to merchantability, fitness for the current year’s premium in respect of each insurance. 7.7 Each Party acknowledges that: (a) except as expressly and specifically provided in this Agreementpurpose, the Customer assumes sole responsibility for the use of the Web Service, and the User Content. The Supplier shall have no liability for any damage caused by errors or omissions in any information contained in the User Contentcorrespondence with description, or for any actions taken by the Supplier at the Customer's direction; and (b) the Customer is wholly responsible for the Customer's interpretation and use of the Front Line User Content and for all and any processes and procedures for support, investigation, resolution or otherwise in respect of the samenon- infringement. 7.8 The provisions of this clause 7 shall survive the termination of this Agreement, however arising.