Limitations of Maintenance Liability Clause Samples

The Limitations of Maintenance Liability clause defines the extent to which a party is responsible for maintaining equipment, property, or systems under a contract. Typically, this clause sets boundaries on the types of maintenance covered, the duration of the obligation, and any exclusions such as damage caused by misuse or third parties. By clearly outlining these limits, the clause helps prevent disputes over unexpected repair costs and ensures that each party understands their ongoing responsibilities, thereby allocating risk and promoting clarity in the contractual relationship.
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Limitations of Maintenance Liability. Fidelity shall not be responsible for design or manufacturing defects, which shall be the sole responsibility of the manufacturer. Five (5) years Five (5) years The date that the Services are first installed and available for Customer’s use in a production environment which is signified by Fidelity turning the system over to Fidelity support. This Schedule together with any attachments and/or exhibits hereto, the General Terms and Conditions to be signed concurrently (“General Terms”), and any written modifications thereto signed and agreed to by Fidelity Information Services, Inc. of Maitland, Florida (“Fidelity”) and Solera Bank, N.A. (IO) of Wheat Ridge, Colorado (“Customer”) from time to time hereafter shall be referred to as the “Website Agreement” or “Agreement”. This Schedule supersedes and replaces any and all prior agreements between the parties and/or their affiliates, subsidiaries, predecessors, successors, or assigns for the same or similar services as those described in this Schedule.
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Related to Limitations of Maintenance Liability

  • Limitations of Use You agree to use the App and Services only for lawful purposes. You are prohibited from any use of the Services or App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the App or Services, including but not limited to unauthorized entry into Even’s systems, misuse of passwords, or misuse of any information posted on the App or through the Services is strictly prohibited. Even makes no claims concerning whether use of the App or Services is appropriate outside of the United States. If you access the App or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You agree you will not: (i) try to reverse engineer, disassemble, decompile, or decipher the App or the Services or software making up the App and Services; (ii) navigate or search the App or Services with any tool, software, agent, engine, or other means (including bots, avatars, intelligent agents, or spiders); (iii) use a means other than Even’s provided interface to access the App or the Services; (iv) use the App or the Services in a way that could impair, overburden, damage, or disable any portion of the App or Services; or (v) mirror any material contained on the App or the Services. Even reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Even also reserves the right to take action to protect Even, other users, and other third parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to: (i) updating information you have provided to us so that it is accurate; (ii) limiting or completely closing your access to the App or the Services; (iii) suspending or terminating your ability to use the App or the Services on an ongoing basis; (iv) taking legal action against you (but note that as explained in Section 6.4.4, Even will not take action against you for failure to repay an Instapay); or (v) holding you liable for the amount of Even’s damages caused by your violation of this Agreement.

  • Limitations of Liability The Trustee shall have no responsibility or liability to: (a) Imply obligations, perform duties, inquire or otherwise be subject to the provisions of any agreement or document other than this Agreement and that which is expressly set forth herein; (b) Take any action with respect to the Property, other than as directed in Section 1 hereof, and the Trustee shall have no liability to any third party except for liability arising out of the Trustee’s gross negligence, fraud or willful misconduct; (c) Institute any proceeding for the collection of any principal and income arising from, or institute, appear in or defend any proceeding of any kind with respect to, any of the Property unless and until it shall have received instructions from the Company given as provided herein to do so and the Company shall have advanced or guaranteed to it funds sufficient to pay any expenses incident thereto; (d) Refund any depreciation in principal of any Property; (e) Assume that the authority of any person designated by the Company to give instructions hereunder shall not be continuing unless provided otherwise in such designation, or unless the Company shall have delivered a written revocation of such authority to the Trustee; (f) The other parties hereto or to anyone else for any action taken or omitted by it, or any action suffered by it to be taken or omitted, in good faith and in the Trustee’s best judgment, except for the Trustee’s gross negligence, fraud or willful misconduct. The Trustee may rely conclusively and shall be protected in acting upon any order, notice, demand, certificate, opinion or advice of counsel (including counsel chosen by the Trustee, which counsel may be the Company’s counsel), statement, instrument, report or other paper or document (not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and acceptability of any information therein contained) which the Trustee believes, in good faith and with reasonable care, to be genuine and to be signed or presented by the proper person or persons. The Trustee shall not be bound by any notice or demand, or any waiver, modification, termination or rescission of this Agreement or any of the terms hereof, unless evidenced by a written instrument delivered to the Trustee, signed by the proper party or parties and, if the duties or rights of the Trustee are affected, unless it shall give its prior written consent thereto; (g) Verify the accuracy of the information contained in the Registration Statement; (h) Provide any assurance that any Business Combination entered into by the Company or any other action taken by the Company is as contemplated by the Registration Statement; (i) File information returns with respect to the Trust Account with any local, state or federal taxing authority or provide periodic written statements to the Company documenting the taxes payable by the Company, if any, relating to any interest income earned on the Property; (j) Prepare, execute and file tax reports, income or other tax returns and pay any taxes with respect to any income generated by, and activities relating to, the Trust Account, regardless of whether such tax is payable by the Trust Account or the Company, including, but not limited to, tax obligations, except pursuant to Section 1(j) hereof; or (k) Verify calculations, qualify or otherwise approve the Company’s written requests for distributions pursuant to Sections 1(i), 1(j) or 1(k) hereof.

  • Limitations of contractual liability No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a willful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Project Contract, provided such damage was not caused by a willful act or gross negligence. The terms of the Partnership Agreement shall not be construed to amend or limit any Party’s statutory liability.

  • Limitations of Warranty TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

  • Limitations and exclusions of liability NONE OF THE MARIS AFFILIATES SHALL BE LIABLE TO FIRM PARTICIPANT OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MARIS SERVICE, INCLUDING RELIANCE BY ANY SUBSCRIBER ON ANY INFORMATION OBTAINED THROUGH USE OF THE MARIS SERVICE; MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN DATA CONNECTIONS TO THE MARIS SERVICE; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, DATA CONNECTION FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE MARIS SERVICE AND RELATED INFORMATION, RECORDS AND PROGRAMS.