Other Limitations of Liability Clause Samples
The "Other Limitations of Liability" clause sets additional boundaries on the amount or types of damages that one party may be held responsible for under a contract. This clause typically excludes certain categories of damages, such as indirect, incidental, or consequential losses, and may cap the total liability to a specific amount or to fees paid under the agreement. Its core function is to allocate and limit financial risk between the parties, ensuring that neither side faces unlimited exposure in the event of a dispute or breach.
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Other Limitations of Liability. We will make all reasonable efforts to ensure the availability of electronic funds transfers. However, there may be certain times when electronic funds transfers are unavailable because of maintenance (scheduled or unscheduled) or as a result of unforeseen events such as earthquakes, fires, floods, etc. We will not in any way be liable for the unavailability or any consequential damages that may result. We make no representation that any content or use of electronic funds transfers is available for use in locations outside of the United States. Accessing and using electronic funds transfers from locations outside of the United States are at your own risk. We will not be liable to you for any losses caused by your failure to use electronic funds transfers properly. We have no responsibility or liability whatsoever as to your Access Device, hardware, software, Internet service, or any use thereof. Additional Risk Associated with Business Use: You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Access Device This means your liability for the unauthorized use of your Access Device could be greater than the liability in a consumer debit card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with business use. In Case of Errors or Questions about Transactions: If you believe there is an error concerning, or if you have questions about, your electronic funds transfers, contact us as soon as possible. Tell us AT ONCE if you believe an Access Device has
Other Limitations of Liability. You acknowledge that our liability to you under this Schedule shall be further limited as provided in Clause 12 of the General Terms of Use Schedule of the Cash Management Services Agreement, as otherwise modified by that agreement.
Other Limitations of Liability. Only browsers recommended on the "Configuration" page of the SEFCU OnLine website are acceptable. You are solely responsible for the selection, installation, maintenance, and operation of your personal computer(s), other device(s), and software. SEFCU expressly disclaims any and all liability as it relates to the improper use of your personal computer(s) or other device(s) and the transmission of data. SEFCU is not responsible for any errors or failures due to any malfunction of your personal computer(s) or other device(s), or software, or unsuitability of your personal computer(s) or other device(s), or software, or any virus, or any problems that may be associated with the use of any internet service.
Other Limitations of Liability. A Party is not liable in respect of any Claim (other than a Claim under clause 9.1(a) or 9.2(a)) for any Loss to the extent that:
(a) the Loss arises out of anything done or omitted to be done in accordance with the terms of any Transaction Document or with the prior written approval of:
(i) in respect to USG Claims, USG; or
(ii) in respect to Boral Claims, Boral; or
(b) the Loss arises from any of the following after the date of this Agreement;
(i) the enactment or amendment of any legislation, regulations or other Legal Requirement;
(ii) a change in the judicial or administrative interpretation of any Legal Requirement; or
(iii) a change in the practice or policy of any Regulatory Authority;
(c) the Loss would not have arisen but for a change after Completion in any accounting policy or practice of any member of the Joint Venture Group, any USG Contributed Entity, any Boral Joint Venture or:
(i) in the case of USG Claims, any member of the USG Group; and
(ii) in the case of Boral Claims, and member of the Boral Group, that (in each case) applied before Completion;
(d) the Loss is remediable, provided that:
(i) in the case of USG Claims, it is remedied at the cost of the Boral Group to the satisfaction of USG, acting reasonably, within 60 days after the relevant Claimant Party gives written notice of the Claim under clause 11.1; and
(ii) in the case of Boral Claims, it is remedied at the cost of the USG Group to the satisfaction of Boral, acting reasonably, within 60 days after the relevant Claimant Party gives written notice of the Claim under clause 11.1; or
(e) the Loss is Consequential Loss, provided that this will not prevent recovery of Loss by the Claimant Party to the extent such Loss comprises costs associated with monitoring and ensuring compliance with anti-corruption or anti-bribery measures as required by any applicable law, regulation or regulator (including for avoidance of doubt the United States Foreign Corrupt Practices ▇▇▇ ▇▇▇▇ and the Securities and Exchange Commission) resulting from the matter giving rise to the relevant Claim.
Other Limitations of Liability. 10 The Vendor shall not be liable for any Claim—
Other Limitations of Liability. You are solely responsible for the selection, installation, maintenance, and operation of your personal computer and software. The Credit Union expressly disclaims any and all liability as relates to the improper use of your personal computer and the transmission of data. The Credit Union is not responsible for any errors or failures due to any malfunction of your personal computer or software, or unsuitability of your personal computer or software, or any virus, or any problems that may be associated with the use of any Internet service. The Credit Union will notify you of any change to the software and hardware requirements needed to access the Online Banking Services within an acceptable period. If you do not agree to the changes required, you may terminate the Online Banking Service without charge.
Other Limitations of Liability. Only browsers listed on page 3 are acceptable. You are solely responsible for the selection, installation, maintenance and operation of Your personal device and software. Astera a Division of Adventure Credit Union expressly disclaims any and all liability as it relates to the improper use of Your personal device and the transmission of data. We are not responsible for any errors or failures due to any malfunction of Your personal device, software, the unsuitability of Your personal device or software, any virus or problems that may be associated with the use of any Internet service. Astera a Division of Adventure Credit Union will notify You of any change to the software and hardware requirements needed to access Digital Banking within an acceptable period. If You do not agree to the changes required, You may terminate access to Digital Banking without charge.
Other Limitations of Liability. The Sellers are not liable in respect of any Warranty Claim to the extent that:
(a) the fact, matter or circumstance giving rise to the Warranty Claim is specifically provided for in the Company’s financial statements dated 30 June 2009;
(b) the loss or damage giving rise to the Warranty Claim is recovered by any Buyer Group Member under another Warranty Claim or a Tax Claim or is made good or otherwise compensated for without cost to any Buyer Group Member;
(c) the loss or damage giving rise to the Warranty Claim is recovered by any Buyer Group Member under any contract of insurance;
(d) the amount of the Warranty Claim is increased as a result of the failure of the Buyer to give notice of any fact matter or circumstance relating to the Warranty Claim within the time period referred to in clause 13.8 and such failure prejudices the rights of the Sellers.
Other Limitations of Liability. The Warrantor shall not be liable for a Claim to the extent that the circumstances, facts or events giving rise to such Claim have been fairly disclosed or referred to in -
Other Limitations of Liability. Except as may be otherwise provided by ERISA, neither the Employer, the Plan Administrator, nor the Trustee will be under any liability or responsibility for the validity or effectiveness of the Plan or the Trust Agreement, or for any failure of this Plan or the Trust to qualify at any time or for any period as a tax-exempt plan or trust under the provisions of the Code or any applicable law or for any tax or increase in tax on a Participant or Beneficiary because of any benefits.