Limitation of Terminal Operator Liability Sample Clauses

The Limitation of Terminal Operator Liability clause sets boundaries on the extent to which a terminal operator can be held responsible for losses, damages, or claims arising from their services. Typically, this clause specifies maximum monetary limits for liability, excludes certain types of damages (such as indirect or consequential losses), and may outline specific circumstances under which liability is further restricted or excluded. Its core practical function is to allocate risk between the terminal operator and their clients, providing predictability and protecting the operator from potentially unlimited financial exposure.
Limitation of Terminal Operator Liability. (a) Subject to clause 7.2(c), the liability of Terminal Operator to Terminal User deriving from or howsoever connected with the performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence or willful misconduct in accordance with clause [12.1.1(a)] of the Terminal Access Code. (b) The maximum aggregate liability of Terminal Operator to Terminal User arising pursuant to clause 14.2(a), as a result of gross negligence or willful misconduct on the part of the Terminal Operator, shall not exceed an amount equal to 20% of the annual Capacity Fee payable in such Contract Year where the liability arises. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred to Terminal User or a third party and Terminal User expressly agrees and acknowledges that Terminal Operator is not liable for: (i) any costs arising in relation to supply of LNG including due to revision of planned delivery dates or cancellation of LNG Cargos, except for demurrage as set out in the Terminal Access Code; (ii) downstream costs (including amounts payable under gas supply or gas transportation agreements to which Terminal User may be a party) arising from a Revised Sendout Notification, lower or higher than expected Actual Daily Sendout, or lower or higher than expected Evacuation Gas; or (iii) payment for borrowed LNG or any disputes arising in relation to payment for borrowed LNG.
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Limitation of Terminal Operator Liability. (a) The liability of Terminal Operator to Original User and Capacity Exchange User deriving from or howsoever connected with Terminal Operator’s performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence or willful misconduct in accordance with clause 12.1.1(a) of the Terminal Access Code. (b) The maximum aggregate liability of Terminal Operator arising pursuant to clause 9.1(a) shall not exceed 20% of the then-current value, determined as of the date such liability arose, of the CEA Sendout exchanged under this Agreement. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred by Original User or Capacity Exchange User.
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Related to Limitation of Terminal Operator Liability

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • Conditions of Termination a. COMPANY may terminate this Agreement in the event LESSEE breaches any of the terms, obligation, or provisions of this Agreement, or ceases to operate the Vehicle under the trade name(s) “ ”. b. This Agreement may be terminated at any time by mutual agreement of the parties. c. LESSEE may termination this agreement without cause at any time upon ____ days’ written notice to COMPANY. LESSEE agrees that for a period of ____ days from LESSEE’s notice that LESSEE intends to terminate or cancel this agreement, LESSEE will not operate a vehicle that could compete to service parties with whom COMPANY has written agreements, except as authorized under this Agreement, provided that this restriction will not prevent LESSEE from providing ground transportation services for the general public. d. If at any time COMPANY believes LESSEE cannot, will not, or has not been performing pursuant to the terms of this Agreement, COMPANY may (as an alternative to immediate cancellation) temporarily revoke LESSEE’s right to operate the Vehicle under this Agreement for a period of time sufficient to investigate COMPANY’s belief. Such temporary revocation by COMPANY’s shall not waive COMPANY’s right to terminate this Agreement as herein provided. e. LESSEE agrees to be tested for the illegal use of controlled substances, or for blood alcohol level. LESSEE may be tested on a random, volunteer, “reason to believe”, or post-accident basis. Refusal to test is breach of this Agreement and grounds for cancellation of this Agreement. f. This Agreement may be cancelled at any time by the COMPANY if COMPANY has a good faith belief that LESSEE may present an unreasonable risk of harm to passengers or others. g. LESSEE agrees that if LESSEE believes or contends COMPANY has breached, or is in any way breaching this Agreement, LESSEE shall immediately notify COMPANY in writing the facts giving rise to the alleged breach. If written notice is not given within 30 days of LESSEE’s awareness of those facts, LESSEE waives, for all purposes, any breach based upon those facts. h. After the initial term, this Agreement may be cancelled by COMPANY, without cause, with 30 days notice to LESSEE. i. If Lessee does not operate the Vehicle under this Agreement for a period of 30 days, COMPANY may terminate this Agreement without notice to LESSEE.

  • TERMINATION OF EFT SERVICES You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that authority to make ▇▇▇▇ payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.

  • License Term and Termination Unless otherwise specified, any license granted is perpetual, provided however that if Customer fails to comply with the terms of this Agreement, HP may terminate the license upon written notice. Immediately upon termination, or in the case of a limited-term license, upon expiration, Customer will either destroy all copies of the software or return them to HP, except that Customer may retain one copy for archival purposes only.

  • Post-Termination Assistance Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.