Waiver and Limitation of Liability Sample Clauses

Waiver and Limitation of Liability. NASC Members waive all claims against the Consortium and other NASC Members, and their directors, officers, employees, agents and affiliated entities based on alleged damages relating to or arising out of activities undertaken pursuant to this Agreement. Notwithstanding the foregoing, this waiver shall not apply to claims relating to confidential information as set forth in Article VII and for breach of this Agreement.

Waiver and Limitation of Liability. Each Party waives all indirect, special, incidental and/or consequential damages arising out of or relating to the other Party’s termination of this Agreement, and/or the other Party’s breach, if any, thereof. This waiver includes, without limitation, damages for losses of income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons, whether such damages are foreseeable or unforeseeable, even if either Party has been advised of the possibility of such damages. Each Party also waives any right or claim for multiple and/or punitive damages in connection with any claim or dispute, action or proceeding against the other Party. Excluding the Parties’ indemnification and defense obligations hereunder, CSO’s liabilities arising out of its guaranty obligations, and Lender’s liabilities to remit any amounts due to CSO, under no circumstances shall either Party’s total liability, if any, to the other Party exceed the sum of [****] singularly and in the aggregate. [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

Waiver and Limitation of Liability. Frog Environmental has priced its products and services upon the understanding, and you hereby acknowledge the understanding, that Frog Environmental will not be responsible or liable for any form of consequential, incidental, statutory, punitive, exemplary or indirect damages of whatever kind or type arising from any type of commercial, business, environmental, tort, warranty, contract, strict liability or other causes arising directly or indirectly from or in connection with any product or service and/or its use, except consequential damages for any injury to a person in the case of products purchased for consumer use as defined by 15 us c. 2301. Frog Environmental shall not be liable in any event for an amount greater than the cost to Client of Services.

Waiver and Limitation of Liability. Notwithstanding any agreement between the parties to the contrary, Customer's failure to reasonably discover or report any discrepancy or error in an SBIS billing statement, an SBIS monthly report, or the administration of services by SBIS within sixty (60) days after the discrepancy or error was made shall constitute a voluntary, knowing and intentional waiver of Customer's rights to hold SBIS liable for any claim, cause of action, or damages arising from the discrepancy or error. All notices shall be sent to: Lansing, MI 48933 (▇▇▇) ▇▇▇-▇▇▇▇ phone (▇▇▇) ▇▇▇-▇▇▇▇ fax Customer: (company name) (address) (city, state, zip) (phone) (fax)

Waiver and Limitation of Liability. (i) Coach acknowledges that none of ManageHub, its officers, directors, consultants, agents, sponsors, Strategic Partners, or persons acting in concert with any of the foregoing (the “ManageHub Parties”) has made any warranty of success or of any particular outcome, and that neither ManageHub nor any ManageHub Party is practicing law, accounting, or any other licensed profession. (ii) Coach acknowledges that ManageHub’s only obligation under this Agreement is described above in Section A, not specific solutions to problems or issues of Coach’s Business or Coach’s Customers’ Businesses. The ManageHub System is not exclusive of other methodologies or approaches, and this Agreement does not preclude Coach or Coach’s Customers from researching, evaluating, and/or utilizing materials, products or services offered by others in the areas of leadership, business development, management, and other areas related to Coach’s Business. Moreover, ManageHub encourages Coach’s and Coach’s Customers evaluation and use, in Coach’s and Customer’s judgment and discretion, of such other resources. It will be Coach’s obligation, not ManageHub's, to apply the ManageHub System to any specific problem or situation, regardless of whether ManageHub discusses any such specific problem or situation with Coach or Coach’s Customer. The ManageHub System is not a substitute for hands-on, intense management consulting. ManageHub consultants are available, for an additional fee and pursuant to a separate written consulting agreement, to provide intense, hands-on business consulting services (prices vary depending on the nature of a Coach’s or Customer’s business and its issues). Furthermore, in no way should the Virtual Assistant Support Services described in Section A be considered the intensive consulting services referred to herein (K. ii). NEITHER MANAGEHUB NOR ANY MANAGEHUB PARTY GIVES ANY WARRANTY, EXPRESS OR IMPLIED, RELATIVE TO ANY MANAGEHUB PRODUCTS OR SERVICES, INCLUDING THE “MANAGEHUB” PUBLICATION OR CONSULTING REFERENCED ABOVE. MANAGEHUB AND THE MANAGEHUB PARTIES EXPRESSLY EXCLUDE ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (iii) MANAGEHUB AND THE MANAGEHUB PARTIES WILL HAVE NO LIABILITY WITH RESPECT TO OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (iv) IN ANY CASE, MANAGEHUB’S LIABILITY, AND THE LIABILITY OF THE MANAGEHUB PARTIE...

Waiver and Limitation of Liability. You understand that participation in the event is potentially hazardous, and that a Registered Party should not participate unless they are medically able and properly trained. You understand that events may be held at facilities open to the public during the event and upon which hazards are to be expected and which carry with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death. The City of ▇▇▇▇▇▇▇ (the “City”) is not responsible for any injury, illness, or accident sustained. The Undersigned signature confirms the understanding that participation in this leisure activity is on a voluntary, recreational basis and that there may be an element of risk involved. and being made on behalf of the myself, all heirs and legal representatives, I do hereby hold harmless, release, relinquish, waive and forever discharge the City, all its representatives, agents and assets from any and all claims and demands of every kind, nature and character, for any and all damages, losses, or injuries which may be sustained in connection with any aspect of participation in this voluntary recreational activity. I have read and understand the Liability Waiver.

Waiver and Limitation of Liability. ESP waives any right to recover special, indirect, incidental or consequential damages or losses. Notwithstanding any other provision of this Audit Agreement, ESP agrees that Owner’s maximum liability under this Audit Agreement for any reason and under any theory of law is the Audit Fee. TERMINATION

Waiver and Limitation of Liability a. EXCEPT TO THE EXTENT SET OUT IN SECTION 6(A) OR SECTION 6(B), NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES OR OTHER ECONOMIC LOSSES (“CONSEQUENTIAL DAMAGES”), REGARDLESS OF CAUSE, OR COMBINATION OF CAUSES. b. Except to the extent set out in Section 6(B), the maximum aggregate liability of each of Service Provider and Company, as applicable, shall not exceed the aggregate fees payable by Company to Service Provider under this Agreement during the twelve months immediately prior to the most recent claim hereunder. c. The limitation on Consequential Damages, and the limitation on a party’s aggregate liability, shall not apply to: (I) damages caused by a Party’s breach of Section 7 (Confidentiality); (ii) amounts payable by a Party pursuant to its indemnification obligations in this Section 6; (iii) Company’s obligation to pay Service Provider fees and reimburse Service Provider costs as set out in this Agreement or any SOW; (iv) losses arising from the liable party’s gross negligence, willful misconduct, or fraud; (v) personal or bodily injury, including death or disease, caused by the liable party’s negligence; (vi) loss or damage to property caused by the liable party’s negligence; (vii) the liable party’s violation of applicable law; and (viii) the liable party’s infringement or misappropriation of intellectual property rights.

Waiver and Limitation of Liability. UNDER THE RISK ASSUMED AND ACCEPTED AS CONTEMPLATED UNDER ABOVE SECTION 11.1, AND TO THE MAXIMIUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BESTYBNB, PET OWNERS, OR INSTITUTIONS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO ANY AND ALL INJURIES TO YOU OR ANY OTHER PEROSN OR DAMAGE TO YOUR PROPROTY OR ANY OTHER PERSON’S PROPERTY RESULTING FROM ANY ACT OF ANY PET YOU AGREE TO CARE FOR UNDER ANY BOOKING OR UNDER ANY OTHER TERMS OR CONDITIONS CONTEMPLATED UNDER THIS AGREEMENT OR APPLICABLEL TO YOUR USE OF BESTYBNB, AND YOU SPECIFICALLY AGREE TO ASSUME THE RISK FOR ALL LIABILITIES DISCLAIMED BY BESTYBNB CONTAINED HEREIN.