LIABILITY OF Sample Clauses

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LIABILITY OF. USBI in any and all categories and for any and all Claims arising out of this Agreement or out of any act or omission relating thereto shall, in the aggregate, not exceed one (1) month's average of USBI's Processing Fees to Customer over the twelve (12) months preceding such date in which the damage or injury is alleged
LIABILITY OF. OWNER No owner of the property of which the leased premises are a part shall be liable hereunder except for breaches of the LESSOR’s obligation occurring during the period of such ownership. The obligations of the LESSOR shall be binding upon the LESSOR’s interest in said property, but not upon other assets of the LESSOR, and no individual partner, agent, trustee, stockholder, officer, director, employee or beneficiary of the LESSOR shall be personally liable for performance of the LESSOR’s obligation hereunder.
LIABILITY OF. CARRIER (a) Carrier, while in possession of any crude petroleum, will not be liable for any loss thereof, or damage thereto, or delay, caused by an act of God, the public enemy, quarantine, the authority of law, or of public authority, strikes, riots insurrection, inherent nature of the goods, or the act or default of a shipper consignee.
LIABILITY OF. S4M 13.1 S4M markets a service entailing the release of advertising campaigns in Advertising Spaces purchased from third parties. Accordingly, S4M, is bound only to use its best commercial reasonable efforts to deliver the S4M Services hereunder and may not be held liable in the event of any breakdowns in technical infrastructure of the Digital Medium in question, which is operated by any third parties. 13.2 S4M cannot be held liable for services and/or content for which access is achieved through hypertext and/or hypermedia links made available by the Client. 13.3 Client understands that S4M is not the author of any content of Advertising Message provided by Client and that S4M can in no event be held responsible for any liability arising out of such Advertising Message released in advertising campaigns or Advertising Spaces by S4M. 13.4 The Client hereby accepts that all Digital Media may be subject to intrusions by unauthorized third parties and consequently may be corrupted and that information on the internet is not protected against third party actions such as downloads, possible circumventions or any viruses and that any third party may create hypertext links. 13.5 S4M does not guarantee the success of any Advertising Campaign or Advertising Message or the results desired for such by the Client. 13.6 Subject always to sections 13.7 and 13.8, S4M’s total aggregate liability arising from or related to this Agreement (whether in contract, tort including negligence or otherwise) shall not exceed an amount equal to the lower of (1) $100,000 and (2) the fees paid or payable to S4M by the Client (or on the Client’s behalf) under the applicable Purchase Order. 13.7 Nothing in this Agreement shall exclude or limit either party’s liability with respect to any claims: (a) for death or personal injury caused by the negligence of such party; (b) resulting from any fraud including fraudulent misrepresentation made by such party; (c) for which liability may not otherwise lawfully be limited or excluded; or (d) for any deliberate or wilful default by the Client. 13.8 S4M shall not be liable for any indirect, special or consequential losses or any loss of profits (whether direct or indirect), loss of goodwill, loss of business, loss of revenue, loss of anticipated savings, or punitive damages.
LIABILITY OF. If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor SHAREHOLDER, any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, BENEFICIARY, etc. hereunder.
LIABILITY OF. For automatic reinsurances, [ ]'s liability will begin at the same time as the Ceding Company's liability. For facultative submissions, [ ]'s liability will begin at the same time as the Ceding Company's liability if all the requirements of Articles I and II have been met.
LIABILITY OF xxxxx depends on legal provisions, unless nothing to the contrary is stated hereinafter. .xxxxx will always be liable vis-à-vis the customer a. for damages caused by it, as well as by its legal representatives or vicarious agents, either due to intent or gross negligence; b. in accordance with the German Product Liability Act; and c. for damages resulting from injury to life and limb or harm to health that .xxxxx, its legal representatives or its vicarious agents are responsible for.
LIABILITY OF. [Fund Entity] -------------------------- It is expressly agreed that the obligations of the [Fund Entity] hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents or employees of the [Fund Entity], personally, but bind only the [Fund Entity] property of the Fund, as provided in the Master [Fund Entity] Agreement of the [Fund Entity]. The execution and delivery of the Agreement have been authorized by the trustees and the sole shareholder of the Fund shares and signed by an authorized officer of the [Fund Entity], acting as such, and neither such authorization by such trustees and shareholder nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the [Fund Entity] property of the Fund as provided in its Master [Fund Entity] Agreement. The obligations of this Agreement shall be binding only upon the assets and property of the Fund and not upon the assets and property of any other sub-[Fund] of the [Fund Entity].
LIABILITY OF. [Fund Entity] -------------------------- The obligations of the [Fund Entity] herein shall not be binding on any of the Directors, officers, agents, or employees of the [Fund Entity], but shall bind only the assets and property of the [Fund Entity].
LIABILITY OF. CARRIER 1.1 The meanings of the terms used in this agreement are set out below. Dangerous GoodsGoods that are or may become noxious, dangerous, flammable or damaging, or that are or may become liable to damage any property whatsoever PPSA Personal Property Securities Act 2009 (Cth) (as amended from time to time) and the regulations 1.2 Terms used in these Conditions of Carriage have the same meaning 6.1 The Consignor acknowledges and agrees that neither the Carrier nor any servant or agent or Subcontractor of the Carrier nor any other Person who undertakes the Carriage of the Goods at any time pursuant to this agreement will in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for: (a) any personal injury or loss of or damage to, deterioration, (b) misdelivery, delay in delivery or non delivery of the Goods or any of them, whether in the course of Carriage or otherwise or for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, deterioration, evaporation, contamination or misdelivery, delay in delivery, non delivery or consequential damage or injury is caused or alleged to have been caused by the negligence or wilful act or default of the Carrier or its officers, servants or agents, its Subcontractors, or by any cause whatever. 6.2 The Carrier will be entitled to the benefit of the exclusion of liability provided for in clause 6.1 even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage, or recklessly and with knowledge that damage would probably result. 6.3 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach of the Contract or otherwise will under any circumstances constitute a fundamental breach of the Contract, or a repudiation of the Contract such as to have the effect of disentitling the Carrier from obtaining the benefit of and enforcing all rights, 3.1 as under the PPSA.