Additional Limitation on Liability. (a) Notwithstanding any other provision contained in this Agreement, no Provider Indemnified Party shall be liable for any exemplary, special, indirect, punitive, incidental or consequential losses, damages or expenses, including business interruption or loss of profits other than any such damages actually awarded to a third party in connection with a Third Party Claim.
(b) Except with respect to Losses caused by, resulting from, or arising out of or in connection with (i) Third Party Claims or (ii) willful misconduct, Comcast’s total liability (in connection with the provision of Services by Comcast and its Provider Indemnified Parties) with respect to this Agreement shall not exceed, in the aggregate, the aggregate amount of Service Charges paid hereunder to Comcast.
(c) Except with respect to Losses caused by, resulting from, or arising out of or in connection with (i) Third Party Claims or (ii) willful misconduct, Newco’s total liability (in connection with the provision of Services by Newco and its Provider Indemnified Parties) with respect to this Agreement shall not exceed, in the aggregate, the aggregate amount of Service Charges paid hereunder to Newco.
Additional Limitation on Liability. 9.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SS AGREEMENT, BANK’S AGGREGATE LIABILITY UNDER THIS SS AGREEMENT FOR ANY CLAIMS RELATING TO THIS SS AGREEMENT WHETHER FOR BREACH, NEGLIGENCE OR INFRINGEMENT, IN TORT OR OTHERWISE, AND ARISING IN ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID TO BANK BY YOU FOR THE RDC SERVICE OR UNDER THIS SS AGREEMENT FOR SUCH TWELVE MONTH PERIOD. IN NO EVENT SHALL EITHER PARTY, ANY LICENSOR OR SERVICE PROVIDER BE LIABLE FOR ANY ERROR IN THE SOFTWARE, FOR ANY INJURY, DAMAGE OR LOSS RESULTING FROM SUCH ERROR OR FROM SUCH USE OF THE SOFTWARE, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, OR USE, OR LOSS OF ANY OPPORTUNITY OR GOOD WILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BANK, ANY LICENSOR OR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SOFTWARE OR SUPPORT SERVICES HEREUNDER. NO ACTION ARISING OUT OF THIS SS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER A CAUSE OF ACTION HAS
Additional Limitation on Liability. (a) Notwithstanding any other provision contained in this Agreement, no party hereto shall be liable for any exemplary, special, indirect, punitive, incidental or consequential losses, damages or expenses, including any damages due to business interruption or loss of profits, except to the extent arising from or relating to such party’s gross negligence or willful misconduct.
(b) Except for the indemnification obligations set forth in Section 6.01, the aggregate liability and indemnification of each of LBHI and LAMCO (or their respective assignees in accordance with Section 9.10) with respect to this Agreement shall not exceed, in the aggregate, the aggregate amount of Service Charges paid hereunder to LBHI or LAMCO (or such respective assignees), as the case may be.
Additional Limitation on Liability. (a) Notwithstanding any other provision contained in this Agreement, no Provider Indemnified Party shall be liable for any exemplary, special, indirect, punitive, incidental or consequential losses, damages or expenses, including any damages due to business interruption or loss of profits.
(b) Except for the indemnification obligations set forth in Section 6.01, the aggregate liability and indemnification of each of Nomura and LBHI (or their respective assignees in accordance with Section 9.10) with respect to this Agreement shall not exceed, in the aggregate, the aggregate amount of Service Charges paid hereunder to Nomura or LBHI (or such respective assignees), as the case may be.
Additional Limitation on Liability. Notwithstanding any other provision contained in this Agreement, no Provider Indemnified Party shall be liable for any exemplary, special, indirect, punitive, incidental or consequential losses, damages or expenses, including business interruption or loss of profits.
Additional Limitation on Liability. Notwithstanding any other provision contained in this Agreement, in no event shall Provider, Recipient or their respective Affiliates or Representatives be liable for any special, indirect, punitive, incidental or consequential losses, damages or expenses, including loss of profits.
Additional Limitation on Liability. COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR DAMAGES RELATED TO OR ARISING OUT OF DATA USES OUTSIDE OF COMPANY’S CONTROL OR THE FAILURE OF CUSTOMER TO USE ANY DATA IN ACCORDANCE WITH THE POLICIES POSTED BY COMPANY.
Additional Limitation on Liability. (a) Notwithstanding anything to the contrary contained herein, no Party or its Representatives shall be liable to or otherwise responsible to any other Party or its Affiliates for consequential, special, incidental, exemplary, or punitive damages or for diminution in value, lost profits or lost business opportunity that arise out of or relate to this Agreement or the performance or breach hereof, except for (i) such consequential damages to the extent they are a reasonably foreseeable consequence of the breach underlying the applicable indemnifiable claim or (ii) to the extent awarded by a court of competent jurisdiction in connection with a third-party claim.
(b) [The aggregate liability and indemnification to the Recipient Indemnified Parties with respect to (i) a particular Service received pursuant to this Agreement shall not exceed the aggregate Service Charges with respect to such Service, and (ii) this Agreement shall not exceed the aggregate Service Charges with respect to all Services received pursuant this Agreement; provided, however, that the foregoing shall not limit any liability arising from the Recipient Indemnified Parties’ or the Provider Indemnified Parties’ bad faith, gross negligence or willful misconduct.]
Additional Limitation on Liability. Neither the original ------------- ----------------------------------- Landlord nor any successor Landlord who or which is a trustee or partnership, nor any beneficiary of the original Landlord or any successor Landlord nor any partner, general or limited, of such partnership shall be personally liable under any term, condition, covenant, obligation, or agreement expressed herein or implied hereunder as for any claim or damage or cause at law or in equity arising out of this Lease or the use or occupancy of the Premises. Tenant shall look solely to the equity of the Landlord in the demised premises against whom Tenant obtained a judgment or has a claim, for the recovery of damages in the event of a breach by Landlord of any of the terms, covenants and conditions of this Lease to be performed by Landlord or any successor in interest as aforesaid, and no other property or other assets of Landlord (nor of any trustee, officer, employee, shareholder, partner, tenant in common of or with Landlord or any other person or entity related to or having an interest in Landlord) shall be subject to levy, execution or other enforcement procedures for the satisfaction of Tenant's judgement or claim. Nothing herein contained, however, shall be deemed to prohibit the issuance of an injunction against Landlord or any successor in interest, or any other equitable or legal remedy other than a suit for damages against any such individual or members of such joint venture, tenancy in common, firm or partnership.
Additional Limitation on Liability. (a) Notwithstanding any other provision contained in this Agreement, no party shall be liable for any exemplary, special, indirect, punitive, incidental or consequential losses, damages or expenses, including any damages due to business interruption or loss of profits regardless if such liability arises in tort (including negligence), contract, breach of warranty, strict liability, indemnification or otherwise and regardless of whether any such damages are foreseeable or whether an indemnified person has been advised of the possibility of such losses save that this exclusion shall not apply to the circumstances described in sections 6.05, 6.02(a)(ii-iv) and 6.03(ii-iv).
(b) Notwithstanding any other provision contained in this Agreement the total and aggregate liability and indemnification of each of Xxxxxx Europe and LBHI (or their respective assignees in accordance with Section 9.10) with respect to this Agreement in tort (including negligence), contract, breach of warranty, strict liability, indemnification or otherwise shall not exceed, for liabilities and obligations to indemnify accruing in each twelve (12) month period of this Agreement commencing on the Commencement Date (“Contract Year”), 125% of the aggregate amount of Service Charges paid or payable hereunder to that party (or such respective assignees) in that Contract Year (and where (i) Service Charges were paid or payable for only part of a Contract Year, the amounts of Service Charges paid or payable for the purposes of this Section 6.04(b) shall be increased pro rata as if they were paid or payable for the full Contract Year or (ii) no Service Charge were paid or payable in that Contract Year, the amount of Service Charges paid or payable for that Contract Year shall be deemed for the purposes of this Section 6.04(b) to be the amount of Service Charges paid or payable in the last Contract Year in which Service Charges were paid or payable (pro rated as for (i) where relevant), as the case may be) save that in each case this exclusion shall not apply to the circumstances described in sections 6.05, 6.02(a)(ii-iv) and 6.03(ii-iv).
