Limits to our liability Clause Samples

The "Limits to our liability" clause defines the maximum extent to which one party is responsible for damages or losses under the agreement. Typically, this clause sets a cap on the amount that can be claimed, excludes certain types of damages such as indirect or consequential losses, or specifies circumstances where liability is not accepted, such as events beyond reasonable control. Its core function is to allocate and limit financial risk between the parties, providing predictability and protecting the liable party from potentially unlimited or disproportionate claims.
Limits to our liability. To the extent permitted by Law, our total liability to you in any 12 month period in respect of all claims in arising out of or connection with all Services supplied to you will not in any circumstances exceed the lesser of: the total amount paid or payable by you to us in the preceding 12 month period; or $1 million. Without limiting the above liability cap, our liability for your loss under or in connection with the Agreement or the Service is reduced to the extent that your acts or omissions including a failure to take reasonable steps to avoid or minimise loss or your equipment (or the acts, omissions or equipment of a third person, including a supplier) cause or contribute to that loss.
Limits to our liability. ‌ This paragraph 15 (Limits to our liability) will only apply as far as the law allows it. The list and limitations of our liabilities below is in addition to the other matters we do not accept liability for in these Verification Terms and Conditions. 15.1 Limit to our responsibility towards you
Limits to our liability. The University will not in relation to this Agreement exclude or restrict its liability for claims for death or personal injury. Apart from that, the University’s entire liability arising out of this Agreement shall not exceed £7,000 (GBP). In relation to this Agreement while You may be entitled to claim from the University any direct loss you suffer due to us breaking a key term of this agreement, we hereby exclude the right to claim for indirect and consequential loss of any kind, arising out of any breach of this Agreement (including, for example, loss of profits, loss of opportunity, anticipated savings or anticipated business improvements).
Limits to our liability. As far as the law allows, our aggregate (total) liability (of any nature) to the Client, or any third party, will not exceed the proceeds of any professional indemnity cover the Firm actually receives or that the Firm’s insurers pay to the Client. If there is no professional indemnity cover or no proceeds from such professional indemnity cover are received by us or paid to the Client, then our aggregate liability will be limited to three times the amount of our fees payable in respect of the relevant matter.
Limits to our liability. (a) Our liability to you for any non-compliance with a statutory guarantee, or loss or claim arising out of or in connection with the supply of goods or services under this agreement, or any breach by us of this agreement however arising (whether in contract, tort, negligence, statute or otherwise), is limited to: (i) the resupply of MYOB Advanced or related services; or (ii) the cost of re-suppling MYOB Advanced or related services, (iii) and in any event will be limited to the fullest extent permitted by applicable law.
Limits to our liability. You acknowledge that: (a) the quality, frequency, voltage and continuity of electricity, is subject to a variety of factors outside our control; (b) except as required by law, we do not guarantee you, and we make no representation as to, the quality, frequency or the continuity of any electricity supplies to you; and (c) this Agreement does not in any way vary or exclude the operation of our rights or immunities under the Relevant Laws. There may be statutory guarantees, implied conditions or warranties under consumer protection laws that cannot be excluded, which may apply to our supply of electricity supplies to you. Our liability to you for breach of any statutory guarantees or other conditions, warranties or rights under the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth) or any other equivalent law is limited to the maximum extent permitted by those laws. In particular, in respect of our supply to you of any goods or services of a kind other than goods or services ordinarily acquired for personal, domestic or household use or consumption, our liability for a breach of any statutory guarantee or other condition, warranty, representation or right under those laws will be limited to: • providing to you equivalent goods or replacement goods; • payment of the cost of replacing the goods or acquiring equivalent goods; • re-supplying the service; or • the payment of the cost of having the services supplied again, provided that it is fair and reasonable to do so. Notwithstanding any other provision of this Agreement and to the extent permitted by all Relevant Laws, we exclude all liability to you for any and all loss, damage, cost, expense (including legal costs), liability or claim, incurred by you, whether arising directly or indirectly, including (but not limited to) loss of use, loss of production, loss of profit, loss of income, loss of opportunity, loss of anticipated saving, or for any delay, financing costs or increase in operating costs and any other consequential loss, that arises as a result of or in connection with the quality, frequency, voltage or continuity of electricity. You must indemnify us for any breach by you of this Agreement or your negligence in relation to this Agreement to the maximum amount which we are entitled to be compensated under the common law (including in equity) or statute.
Limits to our liability. 13.3.1. As far as the law allows, we will not be responsible to you (and we disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from: 13.3.1.1. any interruption or cessation of transmission to or from the SSS Website or SSS App, or IT Technology used by you or us to download, provide or receive the SSS Website or SSS App, the SSS Services or the Content; 13.3.1.2. any Destructive Code which may be transmitted to or through the SSS Website or SSS App, the SSS Website, the SSS Services or the Content; 13.3.1.3. any defect, fault, malfunction and/or delay in your Device, or your Infrastructure, hardware and/or software; 13.3.1.4. any defect, failure, fault and/or delay in connectivity to the internet; 13.3.1.5. any lost data arising out of the installation or use of the SSS Website or SSS App; 13.3.1.6. any unauthorised access to or use of our Infrastructure and/or any and all personal information stored therein whether based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such loss, liability, injury or damage. 13.3.2. The provisions of clause 13.1.2 apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Limits to our liability. To the extent permitted by Law, our total liability to you in any 12 month period in respect of all claims in arising out of or connection with all Services supplied to you by us will not in any circumstances exceed the lesser of: a) the total amount paid or payable by you to us in the preceding 12 month period; or b) $1 million.
Limits to our liability 

Related to Limits to our liability

  • Our Liability This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or ▇▇▇▇ Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and ▇▇▇▇ Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances: 1. If through no fault of the Bank, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. 7. If you have not properly followed the instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

  • 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.

  • Limits of Liability; Indemnification The Adviser assumes no responsibility under this Agreement other than to render the services called for hereunder. The Adviser shall not be liable for any error of judgment or for any loss suffered by the Trust or the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Investment Company Act of 1940) or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Adviser shall have no responsibility or liability for the accuracy or completeness of the Trust's registration statement under the Act or the Securities Act of 1933, except for information supplied by the Adviser for inclusion therein. The Trust agrees to indemnify the Adviser to the full extent permitted by the Trust's Declaration of Trust.

  • Standard of Care Limits of Liability Indemnification 10.1. Standard of Care. Each party's duties are limited to those expressly set forth in this Agreement and the parties do not assume any implied duties. In performing all of its duties and obligations hereunder, Ultimus shall use the reasonable care and diligence that a professional service provider would observe in these affairs. Each party shall use its best efforts in the performance of its duties and act in good faith in performing the Services or its obligations under this Agreement. Each party shall be liable for any damages, losses or costs arising out of such party’s failure to perform its duties under this Agreement to the extent such damages, losses or costs arise out of its willful misfeasance, bad faith, gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

  • Directors’ Liability and Indemnification The Company’s Certificate of Incorporation and Bylaws shall provide (a) for elimination of the liability of director to the maximum extent permitted by law and (b) for indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law.