Limitations and Liabilities Clause Samples
The Limitations and Liabilities clause defines the extent to which each party is responsible for damages or losses arising from the agreement. Typically, this clause sets caps on the amount of damages one party can claim from the other, excludes certain types of damages like indirect or consequential losses, and may specify exceptions for things like willful misconduct or gross negligence. Its core practical function is to allocate and manage risk between the parties, ensuring that neither side faces unlimited financial exposure due to unforeseen events or breaches of contract.
Limitations and Liabilities. For safekeeping purposes, the tour operator does not undertake to store any contents of a baggage belonging to other persons apart from the trekker named on the Confirmed Booking Form. The tour operator shall not accept for storage any baggage unless all the contents are declared listed and personally viewed by the tour operator, its agents or servants. The tour operator will not be held responsible for the loss or damage to any item that is claimed as content in the baggage and which was not personally viewed by the tour operator, its agents and servants.
Limitations and Liabilities. The telecommuter understands and agrees that the telecommuter is liable for property damages and injuries to the telecommuter and third persons at the telecommuting site. The telecommuter agrees to indemnify and hold the University and all or any of its representatives harmless from and against any and all claims, demands, judgments, or liabilities (including any related losses, costs, expenses, and legal fees) resulting or arising from or in connection with any injury and damage (including death) to any person or property, caused directly or indirectly by the telecommuter’s willful misconduct, negligent actions or performance of the telecommuter’s duties and obligations under this agreement, except where liability arises solely from the negligence and misconduct of GVSU.
Limitations and Liabilities. (a) Recovery expressly disclaims any warranty that it’s service or that its system is impervious to tampering. In no event shall Recovery be liable for any direct, indirect, special, consequential, or incidental damages in connection with or arising out of the performance or use of the products or services provided under this agreement or any orders hereunder. In no event shall Recovery assume or bear any responsibility or liability for acts that may be committed by a participant or persons subject to, using or monitoring the equipment;
(b) Recovery shall not be liable for any failure or delay in performance of this agreement hereunder which is due in whole or in part to any cause beyond its control;
(c) Recovery will maintain the right to conduct business development activities with other agencies, Courts, and service providers in Webb County, Texas.
Limitations and Liabilities. (a) Recovery Healthcare Corporation expressly disclaims any warranty that it’s service or that its system is impervious to tampering. In no event shall Recovery Healthcare Corporation be liable for any direct, indirect, special, consequential, or incidental damages in connection with or arising out of the performance or use of the products or services provided under this agreement or any orders hereunder. In no event shall Recovery Healthcare Corporation assume or bear any responsibility or liability for acts that may be committed by an offender or persons subject to, using or monitoring the equipment;
(b) Recovery Healthcare Corporation shall not be liable for any failure or delay in performance of this agreement hereunder which is due in whole or in part to any cause beyond its control;
(c) Recovery Healthcare Corporation will maintain the right to conduct business development activities with other agencies, Courts, and service providers in Webb County, Texas.
Limitations and Liabilities. N
a. Company does not imply any representation or warranty by Company of the design, installation, or operation of the PV equipment, and Company expressly disclaims any and all warranties of the equipment as to workmanship, quality, or performance, including the fitness of the equipment for the purpose intended.
b. Company shall not be responsible or liable for any personal injury or property damage caused by the PV System or any individual component equipment of the system. Company shall not be liable for failure or fault in the delivery of electrical energy to Customer or for total or partial interruption of service caused by accidents, breakdown of equipment, acts of God, floods, storms, fires, strikes, riots, war, terrorist attacks, sabotage, labor disputes, shortage of materials, the forces or nature, the authority and orders of government, and other causes or contingencies of whatever nature beyond the reasonable control of the Company, or which reasonably could not have been anticipated and avoided by the Company.
c. Nothing in this Contract shall be construed as any representation or warranty by Company of the design, installation or operation of the PV System or any component thereof, and Company expressly disclaims any and all warranties of the equipment as to workmanship, quality, or performance, including the fitness of the equipment for the purpose intended.
d. Company shall not be liable for revenue lost by Customer due to Company’s inability to purchase or wheel energy generated by the PV System.
e. Customer shall indemnify, defend, and hold Company, its employees, agents, successors, assigns, subsidiaries and affiliates harmless against any and all claims, demands, liens, lawsuits, judgments or actions of whatsoever nature that may be brought on account of the installation, maintenance, operation, repair, or replacement of the PV System or any component equipment of the system. Company shall not be liable to the Customer for any punitive, special, exemplary or consequential damages, including but not limited to, lost profits, loss of use, and costs of replacement, whether based in contract, tort, upon any theory of indemnity, or otherwise. Company makes no warranty or representation concerning the taxable consequences, if any, to Customer with respect to its payments to Customer for participation in the Solar*Rewards Program, or compensation for electric service sold to Company from the operation of Customer’s PV System (if any), and Custom...
Limitations and Liabilities. (a) Recovery Healthcare Corporation expressly disclaims any warranty that its service or that its system is impervious to tampering. In no event shall Recovery Healthcare Corporation be liable for any direct, indirect, special, consequential, or incidental damages in connection with or arising out of the performance or use of the products or services provided under this agreement or any orders hereunder. In no event shall Recovery Healthcare Corporation assume or bear any responsibility or liability for acts that may be committed by an offender or persons subject to or using the equipment provided through Recovery Healthcare Corporation;
(b) Recovery Healthcare Corporation shall not be liable for any failure or delay in performance of this agreement hereunder which is due in whole or in part to any cause beyond its control;
(c) Recovery Healthcare Corporation will enforce its workplace guidelines concerning persons with AIDS and HIV infections and the confidentiality of AIDS and HIV related medical information and other treatment records. These guidelines are applicable to employees of Recovery Healthcare Corporation and for clients, inmates, patients and residents served by Recovery Healthcare Corporation, in accordance with all state and federal laws and guidelines;
(d) Recovery Healthcare Corporation understands that employees of the County or individuals acting as agents of the County are not authorized to receive any type of personal payment, reimbursement, compensation, commission, gratuity or gift for services provided under this agreement. Recovery Healthcare Corporation warrants that no employee or agent of the County has been retained to solicit or secure this contract and that Recovery Healthcare Corporation has not been paid or agreed to pay any employee of the County any fee, commission, percentage, brokerage fee, gift or any consideration, contingent upon the making of this agreement or as an inducement for entering into this agreement;
(e) Recovery Healthcare Corporation will maintain the right to conduct business development activities with other agencies, Courts, and service providers in Nueces County, Texas;
(f) This Agreement is expressly made subject to Nueces County’s Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liabilit...
Limitations and Liabilities a. The Issuer shall indemnify and hold harmless the Transfer Agent and its employees, from and against any loss, damage, liability or claim suffered, incurred by, or asserted against it or them, including expenses of legal counsel arising out of, in connection with or based upon any act or omission by it or them relating in any way to this Agreement or its services hereunder, so long as the Transfer Agent and its employees are not negligent and have acted in good faith.
b. Each Party hereto understands and agrees that NetCapital will, on the NetCapital website, announce to issuers, investors and holders of Shares that the Transfer Agent is serving as transfer agent and registrar. The Transfer Agent and the Issuer understand that NetCapital and the NetCapital Funding Portal operated by NetCapital pursuant to Reg CF are audited by the SEC and FINRA and that NetCapital will be damaged if the services and information contemplated to be delivered by the Transfer Agent hereunder are not competently performed by the Transfer Agent and the Issuer. The Transfer Agent and the Issuer agree to indemnify NetCapital and hold NetCapital harmless for any such damages, including costs and expenses.
Limitations and Liabilities. 12.1 Subject to clause 12.2, no Party shall have any liability to the others arising out of any failure by a Funder to provide the necessary funding for the Charges, nor shall any Party be required to bridge any shortfall between the funding provided and the Charges beyond, in either case, the extent of its Relevant Share.
12.2 Without prejudice to clause 11 (Contributions to Project Costs), except for losses caused by the negligence, fraud or wilful default of a Party, no Party shall be liable to another for any losses suffered by any Party, whether arising directly or indirectly, in connection with the Project Agreements and/or the Project.
12.3 Nothing in this Agreement seeks to exclude or limit a Party’s liability for fraud or fraudulent misrepresentation.
Limitations and Liabilities. Signature on the Rental Agreement and the Indemnification Statement will constitute agreement to abide by the rules for use.
Limitations and Liabilities. 7.1. Except with respect to any obligations set forth in the Section 6 of this Agreement, neither party will be liable or obligated with respect to any subject matter of this Agreement or under any contract, tort, strict liability or other legal or equitable theory, whether or not advised of the possibility of such damages whatsoever, for any special, indirect, incidental, exemplary, punitive, reliance or consequential damages.
7.2. In no event shall Spaceship’s liability exceed the Referral rewards paid by Spaceship to the Referral or Invitee during the six (6) months prior to the commencement of the action giving rise to such liability.