Limits and Exclusions of Liability Sample Clauses

The Limits and Exclusions of Liability clause defines the extent to which each party is responsible for losses or damages arising from the contract. Typically, this clause sets maximum monetary caps on liability, excludes certain types of damages such as indirect or consequential losses, and may specify exceptions for issues like gross negligence or willful misconduct. Its core function is to allocate and manage risk between the parties, providing predictability and protecting parties from potentially unlimited financial exposure.
Limits and Exclusions of Liability. 9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (II) ANY LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA OR DATA USE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORACLE AND ORACLE’S AFFILIATES MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT OR CLIENT’S ORDER OR SOW, WHETHER IN CONTRACT, TORT, (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, AND WHETHER OR NOT ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND/OR DAMAGES, SHALL BE LIMITED TO THE AMOUNT OF THE FEES CLIENT PAID OR PAYABLE FOR THE DEFICIENT SERVICES UNDER THE ORDER OR SOW GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION FIRST AROSE. IN NO EVENT SHALL ORACLE’S OR ORACLE AFFILIATES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER OR SOW. NEITHER PARTY SHALL EXCLUDE OR LIMIT ITS LIABILITY TO THE OTHER FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENT ACT OR OMISSION, CONTRACTUAL BREACH OR DEFAULT; OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN THIS AGREEMENT SHALL PREVENT OR PREJUDICE EITHER PARTY FROM RELYING UPON THEIR EQUITABLE REMEDIES INCLUDING INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE
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Limits and Exclusions of Liability. 12.1 Except as expressly and specifically provided in this Agreement: (a) You assume sole responsibility for results obtained from the use of the Services and the Output by You, and for conclusions drawn from such use; (b) the Services and the Output are provided to You on an “as is” basis. 12.2 Neither party's liability: (a) for death or personal injury caused by its negligence or the negligence of its employees or agents; (b) for fraudulent misrepresentation; or (c) for anything else that cannot under applicable law be excluded or limited; is excluded or limited by these terms, even if any other term would otherwise suggest that this might be the case. Your liability to pay the CTF Membership Fees and under Your indemnities is not limited or excluded. 12.3 Subject to clause 12.2, neither party shall be liable (whether for breach of contract, negligence or for any other reason) to the other party for any: (a) loss of profits; (b) loss of sales; (c) loss of revenue; (d) loss of any software or data (or data corruption) or loss of use of hardware, software or data arising as a result of the malicious acts of third parties; (e) loss or waste of management or staff time; or (f) indirect, consequential or special loss. 12.4 Subject to clauses 12.2 and 12.3, Our total liability under this Agreement and in relation to anything which it may have done or not done under or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to an amount equal to 100% of the CTF Membership Fees paid or payable by You under this Agreement in the year preceding the events giving rise to the claim (such amount to be calculated at the time when the relevant amount comes to be assessed). 12.5 Subject to clauses 12.2 and 12.3, Your total liability under this Agreement and in relation to anything which it may have done or not done under or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to an amount equal to 100% of the CTF Membership Fees paid or payable by You under this Agreement in the year preceding the events giving rise to the claim (such amount to be calculated at the time when the relevant amount comes to be assessed).
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Limits and Exclusions of Liability. 9.1 EXCEPT WITH RESPECT TO DAMAGES ARISING OUT AND/OR RESULTING FROM GROSS NEGLIGENCE OR INTENTIONAL AND WRONGFUL ACTS AND UNLESS OTHERWISE PROVIDED BY MANDATORY GREEK LAW PROVISIONS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, DATA OR DATA USE. AND ORACLE’S AND ORACLE’S AFFILIATES MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT OR CLIENT’S ORDER OR SOW, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES CLIENT PAID OR PAYABLE FOR THE DEFICIENT SERVICES UNDER THE ORDER OR SOW GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION FIRST AROSE. 9.2 Data Set. Oracle shall not be liable for any loss whatsoever arising from or in connection with the Client's interpretation of the Data Set or Deliverables and/or the consequences of any action taken by the Client based on any Data Set or Deliverables. The Client acknowledges that the Data Set or Deliverables have been created and delivered with the mutual understanding that, if the Client requires additional protection or coverage, the Client should procure separate insurance. 9.3 Neither party may bring any action arising out of any transaction (other than failures to pay) under this Agreement more than twelve (12) months after the cause of action accrues.
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Limits and Exclusions of Liability. The maximum extent permitted by law, in no event will Keek be liable for any of the following arising out of or in connection with this agreement:
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Limits and Exclusions of Liability. Except for the Parties’ liabilities (including damages and liability for court costs and lawyers’ fees and disbursements), obligations, losses, penalties, costs, expenses and disbursements (including reasonable legal fees) of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether under Applicable Law or pursuant to contract, statute or otherwise (“Liabilities”) for (i) their respective obligations of indemnification expressly set out herein, or (ii) fraud, gross negligence or willful misconduct, in no event will either party or any of their Representatives be liable to the other party, any affiliates, or their respective Representatives for: (a) Exclusion—any indirect, incidental, consequential, exemplary, punitive or special Liabilities, even if that party is notified in advance of such possibility, arising out of or pertaining to the subject matter of this Agreement, whether under contract, statute, tort (including negligence) or otherwise, or
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Limits and Exclusions of Liability. (a) Subject to the other parts of this Section 6, the Online Terms and to the extent permitted by applicable law: (i) unless an Exhibit expressly states otherwise, each Party’s maximum and aggregate liability arising out of or in connection with a Supply Transaction under this DPA will not exceed the lesser of: (A) the total Fees that You have paid to Hitachi under the Supply Transaction out of which the liability arose during the twelve (12) month period immediately before the date of the first event that gave rise to the Claim; and (B) Two Million Pounds Sterling (£2,000,000); and (ii) each Party’s maximum and aggregate liability arising out of or in connection with the DPA in general (not related to any specific Supply Transaction) will not exceed the greater of: (A) the total Fees You have paid to Hitachi under all Supply Transactions made under the DPA during the twelve (12) month period immediately before the date of the first event that gave rise to the Claim; and (B) Five Hundred Thousand Pounds Sterling (£500,000); and (iii) neither Party will be liable in any circumstances for: (i) any indirect, punitive, special, incidental or consequential damages in connection with or arising out of the DPA; or (ii) whether direct or indirect, for loss of actual or anticipated business, revenue, profits, savings, goodwill, loss of use, lost or corrupted data, electronically transmitted Orders, or loss of other economic advantage. (b) The limitations and exclusions of liability in Sections 6.2(a) above, apply whether such liabilities or Claims arise under breach of contract (including anticipatory breach or repudiation), tort (including negligence), statutory duty or otherwise (including in equity or common law) and even if the liable Party has previously been advised of the possibility of such damages. Liability for damages will be limited and excluded, even if an exclusive remedy provided for in this DPA fails of its essential purpose. (c) The liability caps set out in Section 6.2(a) above may be subject to and do not restrict the Parties from expressly agreeing to additional or alternative caps of liability under a PA, Order or SOW (as applicable).
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Limits and Exclusions of Liability. 9.1 Neither party shall be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, or any loss of revenue, profits, data or data use. Oracle and oracle’s affiliates maximum liability for any damages arising out of or related to the agreement or client’s order or sow, whether in contract, tort, or otherwise, shall be limited to the amount of the fees client paid or payable for the deficient services under the order or sow giving rise to the liability during the twelve (12) months immediately preceding the date upon which the cause of action first arose.
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Limits and Exclusions of Liability 
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Related to Limits and Exclusions of Liability

  • 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.

  • Exclusions of liability 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :- 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. 11.2.3 Perishable items and/or those requiring a controlled environment. 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. 11.2.5 Any animals, birds or fish. 11.2.6 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:- 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack 11.3.3 Indirect or consequential loss of any kind or description 11.3.4 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances. 11.3.5 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust 11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change to atmospheric or climatic conditions. 11.3.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. 11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £40 or its actual value whichever is less. 11.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

  • 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.

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you: 1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence; 2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or 3. 6. 1. 3. for fraud. 2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software. 3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with: 1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors; 2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License; 3. 6. 3. 3. any use made of the Software; or 4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited. 4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Traction Software Limited’s negligence) will be limited to the higher of the price paid by you to use the Software or USD $1 00. 5. 6. 5. You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Software and you will accept such risk and/or insure accordingly. 6. 6. 6. Any rights that you have as a consumer are not affected by this clause 6.