Aggregate Liability. The aggregate liability of either: (a) Customer, its Affiliates and Participating Entities; or (b) Verizon and its Affiliates, to the others collectively for any and all Events in an Annual Period is limited to an amount equal to 12 times the Average Monthly Charges during the Annual Period in which an Event first occurred. For the purpose of this clause and calculation, where: (i) an Event gives rise to a number of separate liabilities, claims or causes of action, and/or (ii) there is a series of connected Events, such will be considered a single Event and will be deemed to have occurred in the Annual Period in which the first Event occurred.
Aggregate Liability. IN NO EVENT WILL EITHER PARTY’S CUMULATIVE LIABILITY TO THE OTHER PARTY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, EXCEED THE AGGREGATE AMOUNT PAID OR OWED TO GRAYLOG BY CUSTOMER DURING THE ONE (1) YEAR PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION WILL NOT LIMIT CUSTOMER OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE AND WILL NOT BE DEEMED TO LIMIT CUSTOMER RIGHTS TO ANY SERVICE LEVEL CREDITS UNDER ANY APPLICABLE SERVICE LEVEL SCHEDULE. FURTHERMORE, THE CAP ABOVE WILL NOT BE DEEMED TO LIMIT GRAYLOG’S RIGHT TO RECOVER AMOUNTS FOR CUSTOMERS USE OF THE SOFTWARE IN EXCESS OF THE CAPACITY PURCHASED OR USE OUTSIDE OF INTERNAL BUSINESS PURPOSES.
Aggregate Liability. Notwithstanding any other provision of this Agreement, the Contractor's aggregate liability from time to time under this Agreement and the Construction Contract shall not at any time exceed its maximum liability as stated in the Construction Contract.
Aggregate Liability. Notwithstanding anything contained herein to the contrary, the Warrant Agent’s aggregate liability during any term of this Agreement with respect to, arising from, or arising in connection with this Agreement, or from all services provided or omitted to be provided under this Agreement, whether in contract, or in tort, or otherwise, is limited to, and shall not exceed, other than in the case of the Warrant Agent’s bad faith or willful misconduct, the amounts paid hereunder by the Company to Warrant Agent as fees and charges, but not including reimbursable expenses,
Aggregate Liability. CUSTOMER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY ON THE PART OF DESCARTES UNDER AN AGREEMENT (INCLUDING FOR BREACH OF ANY PROVISION OF THE AGREEMENT, FUNDAMENTAL BREACH OR ANY OTHER BREACH GIVING RISE TO LIABILITY OR ARISING OUT OF OR RELATED TO THE AGREEMENT, HARDWARE, SOFTWARE OR SERVICES IN ANY OTHER WAY), FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL BE LIMITED TO CUSTOMER’S ACTUAL DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL FEES PAID TO DESCARTES BY CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Aggregate Liability. Without limiting Buyer's specific performance remedy under Section 11(b), Sellers’ aggregate liability to Buyer under this Agreement after the Closing as a result of a breach of any representation or warranty or any other covenant or indemnity made by Sellers shall in no event collectively exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) (the “Liability Cap”), in the aggregate. Notwithstanding the foregoing, the limitation of Sellers’ liability set forth in this Section 11(c) shall not apply to any liabilities or obligations of Sellers under Sections 7, 10, 21 and 28, or any Seller liability for claims brought under applicable law based on fraud or intentional misrepresentation.
Aggregate Liability. Notwithstanding any other provision of this Agreement, the Service Provider's aggregate liability from time to time under this Agreement and the Service Contract shall not at any time exceed its maximum liability as stated in the Service Contract.
Aggregate Liability. Irrespective of the number of claims and the basis of such claims, the maximum aggregate liability of either Party in connection with this Agreement for any direct damages or losses, whether such claim arises in contract, tort or otherwise, shall not exceed a sum equal to the amounts actually paid by the Customer to the Supplier in terms of this Agreement with the addition of ten (10) percent of the above sum. In addition, this limitation shall not apply to any claims as a result of a Party's breach of its obligations with regard to the other Party's intellectual property rights, in which case Section 16 shall be applied.
Aggregate Liability. The aggregate liability of the Administrator under this Agreement shall be limited to the amount of Administration Fees actually paid to the Administrator; provided that such limitation of liability shall not apply to any liability that is the result of gross negligence, fraud or willful misconduct of the Administrator or any action by Administrator that results in loss of QFCP-RC Tariff service.
Aggregate Liability. In no event, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise, shall ATS’s liability to any Photowatt Indemnified Party for any Losses arising out of, or resulting from the Products or Project Services furnished hereunder, exceed the amount actually received by ATS for the specific Product or Project Service which gives rise to the claim.
