If any provision of these terms is
determined by a Court of competent jurisdiction to be invalid or unenforceable in whole or in part, the validity and the enforceability of the remainder of the provision in question and of the remaining provisions of these terms shall be separate and several and construed and enforceable accordingly and shall continue in full force and effect.
To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are
determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
Not exact matches
When an account owner dies or is
determined legally incompetent or disabled
by a
court or other body
of competent jurisdiction.
Upon the granting
of equitable relief, in whole or in part,
by a
court of competent jurisdiction, the owner
of an animal
determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be
determined by the
court, incurred
by the party bringing the action.
These monies shall be held in escrow until the parties» rights to the escrow monies have been
determined (i)
by the written agreement
of the parties, (ii)
by order
of a
court of competent jurisdiction, or (iii) some other process to which the parties agree to in writing.