Aggregate Liability Cap Sample Clauses
Aggregate Liability Cap. Subject to Section 11.3.3, the maximum aggregate liability of Design-Builder for payments to Department under this Agreement, including for defaults, breaches, negligence, liquidated damages or otherwise in connection with the Work shall be limited in an amount equal to forty percent (40%) of the Contract Price, as such price may be adjusted in accordance with this Agreement (the “Aggregate Liability Cap”).
Aggregate Liability Cap. IN NO EVENT SHALL ZOOM’S LIABILITY FOR ANY DAMAGES EXCEED AN AMOUNT EQUAL TO THE TOTAL CHARGES PAID TO ZOOM UNDER THIS AGREEMENT IN THE PRIOR TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, MISREPRESENTATIONS, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Aggregate Liability Cap. To the fullest extent permitted by law, ONS’s aggregate liability to the Customer for (a) the Service will not exceed the amount the Customer has paid for the Service (excluding Courses) in the 12 months preceding the event giving rise to the liability, or (b) a Course will not exceed the fees paid for the Course. This limitation will not apply to ONS’s obligations under Section 10.2.
Aggregate Liability Cap. In no event shall the liability of the Investor under this Agreement exceed the total amount of the Investor’s actual capital contribution to the Company, except in cases of gross negligence, willful misconduct, or fraud by the Investor.
Aggregate Liability Cap. THE AGGREGATE LIABILITY OF T CONCEPTS, INCLUDING WITH RESPECT TO ITS OFFICERS, DIRECTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FOR OR WITH RESPECT TO CLAIMS BY CUSTOMER (AND ANY OF CUSTOMER SUCCESSORS OR ASSIGNS) ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF SELLER'S OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCTS DURING THE THREE MONTH PERIOD PRIOR To ANY CLAIM.
Aggregate Liability Cap. To the fullest extent permitted by applicable law, PA’s total aggregate liability to the Client for any and all claims, losses, expenses, or damages arising out of or in any way related to this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount of fees paid by the Client to PA under this Agreement in the twelve (12) months immediately preceding the event giving rise to such liability.
Aggregate Liability Cap. Provider’s total and aggregate liability for any damages arising under this DPA will not exceed an amount equal to the total charges paid or payable to Provider by XXX under the Services Agreement in the prior twelve (12) months preceding the incident giving rise to the claim. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, misrepresentations, negligence, strict liability and other torts. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
Aggregate Liability Cap. Subject to Section 8.3, the total, maximum aggregate liability of Contractor to the Concessionaire arising out of this Contract, including, without limitation, for default, breach, negligence, indemnity obligations or otherwise in connection with this Contract claimed breach thereof, or the Work shall be limited to an amount equal to thirty percent (30%) of the Contract Price (the “Aggregate Liability Cap”) herein, which liability arises under any theory of liability under applicable Law.
Aggregate Liability Cap. (a) Despite any other provision of this agreement, but subject to clause 14.2(b), the aggregate liability of each party to the other party arising out of or in connection with this agreement (however arising, including for negligence or payment of liquidated damages) is limited to $[insert].
(b) A party’s liability in respect of the following is not limited by clause 14.2(a), and is not counted towards the limit on the party’s liability under clause 14.2(a):
(i) User’s liability for any termination amount or connection charges payable under this agreement;
(ii) TasNetworks’ liability to refund any amount overpaid by User;
(iii) User’s liability for any other charge or amount required to be paid by User to TasNetworks by an express provision of this agreement (including those provisions referred to in clause 10.1);
(iv) User’s liability pursuant to any indemnity in this agreement;
(v) liability for personal injury or death;
(vi) liability for third party property damage; and
(vii) liability for fraud or wilful default of the party or its associates.
Aggregate Liability Cap. If, notwithstanding the foregoing exclusions of liability, Ankarex is found liable to you for any reason, our aggregate total liability to you shall not exceed the amount paid by you for the Services in the three (3) months preceding the event giving rise to liability, or one hundred US dollars (USD $100), whichever is less.