LIMITATION ON LIABILITY ARTYKUŁ Sample Clauses

LIMITATION ON LIABILITY ARTYKUŁ. 9 OGRANICZENIE ODPOWIEDZIALNOŚCI 9.1. Liquidated Damages The maximum liability of Seller for Delay Liquidated Damages and for the liquidated damages in connection with each of the Sale Warranties furnished to Buyer pursuant to Article 7 of Part A of the Agreement, individually considered, shall in no event exceed the following maximum amount: [at least 5% of the Contract Price] for the Delay Liquidated Damages; [at least 5% of the Contract Price] for the Power Curve Liquidated Damages; and [at least 2,5% of the Contract Price], for each Annual Period, up to a maximum aggregate amount during the Warranty Period equal to [at least 10% of the Contract Price], for the Availability Liquidated Damages as set forth in Article 5.2. of the Part C of the Agreement. For the avoidance of doubt, both Parties agree that Availability Liquidated Damages may only be claimed under the Part C of the Agreement and not under this Part A of the Agreement which only establishes the maximum amount of the Availability Liquidated Damages. 5.2. of the Part C of the Agreement shall not exceed in any event [at least 10% of the Contract Price], All payments of liquidated damages due by Seller pursuant to this Part A of the Agreement shall be made in the euro currency. The Seller shall pay to the Buyer the liquidated damages claimed by the Buyer within 30 days from the receipt of the undisputed payment request from the Buyer. 9.1. Kary Umowne Maksymalna odpowiedzialność Sprzedającego z tytułu Kar Umownych z Tytułu Opóźnienia oraz kar umownych dotyczących każdej z Gwarancji Sprzedaży udzielonych Kupującemu zgodnie z art. 7 Części A Umowy, indywidualnie uwzględniona, w żadnym wypadku nie będzie przekraczała następującej maksymalnej kwoty: [nie mniej niż 5% Umówionej Ceny] dla Kary Umownej z Tytułu Opóźnienia; [nie mniej niż 5% Umówionej Ceny]] dla Kary Umownej Krzywej Mocy; oraz [nie mniej niż 2,5% Umówionej Ceny] , dla każdego Okresu Rocznego, do maksymalnej łącznej kwoty podczas Okresu Gwarancji równej [nie mniej niż 10% Umówionej Ceny], dla Kary Umownej Dotyczącej Dostępności zgodnie z art. 5.2. Części C Umowy. W celu uniknięcia wątpliwości, obie Strony uzgadniają, że Kara Umowna Dotycząca Dostępności może być dochodzona wyłącznie w ramach Części C Umowy, a nie w ramach niniejszej Części A Umowy, która ustala tylko maksymalną kwotę Kary Umownej Dotyczącej Dostępności. Bez uszczerbku dla powyższych indywidualnych ograniczeń odpowiedzialności za kary umowne, maksymalna odpowiedzialność S...
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Related to LIMITATION ON LIABILITY ARTYKUŁ

  • Limitation on Liability The Company and the Underwriters agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in paragraph (d) above. The amount paid or payable by an Indemnified Person as a result of the losses, claims, damages and liabilities referred to in paragraph (d) above shall be deemed to include, subject to the limitations set forth above, any legal or other expenses incurred by such Indemnified Person in connection with any such action or claim. Notwithstanding the provisions of this Section 7, in no event shall an Underwriter be required to contribute any amount in excess of the amount by which the total underwriting discounts and commissions received by such Underwriter with respect to the offering of the Securities exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this Section 7 are several in proportion to their respective purchase obligations hereunder and not joint.

  • Limitation on Liabilities IF EITHER THE EXECUTIVE OR THE COMPANY IS AWARDED ANY DAMAGES AS COMPENSATION FOR ANY BREACH OR ACTION RELATED TO THIS AGREEMENT, A BREACH OF ANY COVENANT CONTAINED IN THIS AGREEMENT (WHETHER EXPRESS OR IMPLIED BY EITHER LAW OR FACT), OR ANY OTHER CAUSE OF ACTION BASED IN WHOLE OR IN PART ON ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, SUCH DAMAGES SHALL BE LIMITED TO CONTRACTUAL DAMAGES AND SHALL EXCLUDE (I) PUNITIVE DAMAGES, AND (II) CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES (E.G., LOST PROFITS AND OTHER INDIRECT OR SPECULATIVE DAMAGES). THE MAXIMUM AMOUNT OF DAMAGES THAT THE EXECUTIVE MAY RECOVER FOR ANY REASON SHALL BE THE AMOUNT EQUAL TO ALL AMOUNTS OWED (BUT NOT YET PAID) TO THE EXECUTIVE PURSUANT TO THIS AGREEMENT THROUGH ITS NATURAL TERM OR THROUGH ANY SEVERANCE PERIOD, PLUS INTEREST ON ANY DELAYED PAYMENT AT THE MAXIMUM RATE PER ANNUM ALLOWABLE BY APPLICABLE LAW FROM AND AFTER THE DATE(S) THAT SUCH PAYMENTS WERE DUE.

  • No Limitation on Liability Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Contract. District reserves the right to require complete certified copies of all said policies at any time. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification and hold harmless provisions of this Contract. Contractor understands and agrees that, notwithstanding any insurance, Contractor’s obligation to defend, indemnify, and hold District, its trustees, officials, agents, volunteers, and employees harmless hereunder is for the full and total amount of any damage, injuries, loss, expense, costs, or liabilities caused by or in any manner connected with or attributed to the acts or omissions of Contractor, its officers, agents, subcontractors (of all tiers), employees, licensees, patrons, or visitors, or the operations conducted by Contractor, or the Contractor’s use, misuse, or neglect of the District’s premises.

  • Limitation on Liability of Limited Partners No Limited Partner shall be liable for any debts, liabilities, contracts or obligations of the Partnership. A Limited Partner shall be liable to the Partnership only to make payments of its Capital Contribution, if any, as and when due hereunder. After its Capital Contribution is fully paid, no Limited Partner shall, except as otherwise required by the Act, be required to make any further Capital Contributions or other payments or lend any funds to the Partnership.

  • Limitation on Liability of Manager Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the Resident for any loss or damage, however caused to the Resident, the property of the Resident or to the property of the Resident’s guest(s) while in the Residence or on the lands on which the Residence is situated. Without limiting the generality of the foregoing, such property includes and is not limited to, personal property of the Resident (including their vehicle(s) and their contents) and damage includes and is not limited to; damage caused by the failure of the plumbing or heating system or any other building system, defects in the structure of the Building, water or snow penetration, exterior weather conditions, damage arising from any cause beyond the control of the Manager or Institution, and any damage or injury arising from the activities of employees, contractors or agents of the Manager and the Institution. The Resident agrees that by executing the Agreement and residing in the Residence, they are acknowledging that they understand and freely assume the risks associated with communal living, including but not limited to risks of potential exposure to physical, mental or emotional harm or injury, communicable diseases and other contagious viruses. Accordingly, the Resident on their own behalf and on behalf of their successors, beneficiaries and next of kin hereby waives their right to demand or make any claim against (and indemnifies, releases and covenants and agrees to hold harmless each of) the Manager, the Institution, their agents, contractors, officers, directors, governors, management, successors, assigns, students and employees from or in relation to any and all damages, physical or other harm, death, ▇▇▇▇▇▇▇▇▇, claims, expenses or loss due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care (collectively, “Claims”) arising under or related to this Student Residence Agreement and the provision of services or accommodation, including but not limited to exposure to communicable diseases and contagious viruses. The Resident further agrees to take all reasonable precautions and follow recommendations by public health authorities to mitigate the spread of communicable diseases while living in the Residence community. Failure to follow the Student Residence Agreement and measures related to said communicable diseases (including but not limited to Covid-19), or failure to follow directions from staff regarding communicable disease related rules or measures may result in standards action up to and including eviction from residence.