Aggregate Limit of Liability. SUBJECT TO SECTION 13(C), MICROCHIP’S TOTAL AGGREGATE LIABILITY IN CONTRACT, WARRANTY, REPRESENTATION, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, WILL NOT EXCEED THE PRICE OF THE GOODS, SERVICES, OR SOFTWARE THAT GIVE RISE TO THE CLAIM.
Aggregate Limit of Liability. (a) Notwithstanding anything to the contrary in this Agreement, in no event shall a Party be liable to the other Party for an aggregate amount in excess of the Maximum Liability; provided that such limitation of liability shall not apply to any liability that is the result of (i) gross negligence, fraud or willful misconduct of a Party, (ii) a Third Party Claim, (iii) the failure to pay the Service Fees (which amount shall not be included in calculating Owner’s Maximum Liability), (iv) a claim of Owner against BE or Operator in the event of any breach, default or misrepresentation of any representation and warranty or covenant set forth in Section 8.2(e) or (v) a claim of Owner against BE or Operator under Section 2.8. Subject always to the Maximum Liability limitations set forth in the preceding sentence, except for damages specifically provided for in this Agreement or in connection with the indemnification for damages awarded to a third party under a Third Party Claim, damages hereunder are limited to direct damages, and in no event shall a Party be liable to the other Party, and the Parties hereby waive claims, for (a) indirect, punitive, special or consequential damages or loss of profits; provided, however, that the loss of profits language set forth in this Section 7.1 shall not be interpreted to exclude from Indemnifiable Losses any claim, demand, suit, loss, liability, damage, obligation, payment, cost or expense (including the cost and expense of any action, suit, proceeding, assessment, judgment, settlement or compromise relating thereto and reasonable attorneys’ fees and reasonable disbursements in connection therewith) that would otherwise be included in the definition of Indemnifiable Losses because they result from a reduction in the profits of Owner, Diamond State Generation Holdings, LLC, or both, and (b) losses or liabilities incurred by the officers, directors, members, managers, partners, shareholders or Affiliates of such Party (unless on behalf of Owner).
(b) Notwithstanding anything to the contrary provided herein, in no event shall Operator be liable under this Agreement (including with respect to its obligations related to the Facility Service Warranty, the Power Performance Warranty or Warranty Specification) for (i) any failure of or damage to the Bloom System or (ii) any obligations on the part of Operator (including internal rate of return or other financial metrics or any obligations to deliver power to Owner or service the Bl...
Aggregate Limit of Liability. (a) In no event will any Party be liable under this Agreement to another Party for any lost profits (other than revenues from Customer Agreements, Government Incentives or sales of RECs) of, or any consequential, special, incidental, exemplary, statutory or punitive damages incurred by, the other Party to this Agreement; provided that this provision will in no way limit any such liability of a Party to another Party under any other agreement between the Parties; provided, further, that a loss, disallowance or recapture of, or inability to claim, Tax Credits or accelerated depreciation or cost recovery deductions shall not be treated as consequential, special, incidental, exemplary, statutory or punitive damages for purposes of this Agreement.
(b) In no event will one Party be liable under this Agreement to the other Party for an aggregate amount in any given year in excess of the Maximum Liability for such year unless and to the extent such liability is (i) the result of (A) fraud, gross negligence or willful misconduct of a Party, (B) the failure of a Party to pay any amount due under this Agreement or (C) a claim for indemnity asserted by a Party on account of a Third Party Claim against such Party, or (ii) with respect to Taxes.
Aggregate Limit of Liability. Unless otherwise specified, the maximum aggregates are as follows: NXT 3 - $5,000 per claim and $100,000 for the duration of the 12 (twelve) month policy. The maximum aggregate per claim is the maximum amount the contract holder is eligible to receive for any single, covered claim, noting that the contract holder is not entitled to the maximum aggregate limit for any single claim, even if the claim submitted is for an amount higher than the aggregate maximum. The maximum aggregate for the duration of the contract consists of all claims made in a single contract term. Any payment will be deducted from the aggregate maximum limits of coverage for the duration of the Contract’s term. A certification available to all home inspectors, requir- ing they met certain qualifications and were granted the official certification of ‘Certified Inspection Expert’ or ‘CIE’. If your home inspector does NOT have this certification, you will NOT have coverage under the Contract. Please call 0-000-000-0000 for a list of eligible home inspectors or information to see if you qualify. Any time a current, covered single structural compo- nent failure is reported to RWS by the contract holder. Each and every distinct covered failure of any part or component as determined by an authorized contractor, constitutes a distinct claim for which the contract holder will be responsible for a deductible or the actual cost, whichever is lower.
Aggregate Limit of Liability. In no event shall either Party be liable to the other Party for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of one hundred percent (100%) of the amount of the Contract Price; provided, however, that the preceding limitation of liability shall not apply to, and no credit shall be issued against such liability for any liabilities resulting from the gross negligence or willful misconduct of either Party arising hereunder. Nothing in this Section 14.1 limits the obligations of CONTRACTOR with respect to the warranty provisions of Article X of this Agreement or CONTRACTOR’S obligation to complete the Work.
Aggregate Limit of Liability. The Consultant's liability under this Agreement shall be limited to the equivalent of one month of Monthly Recurring Charges (MRC) for the specific service(s) provided by the Consultant.
Aggregate Limit of Liability. (a) Compensation is payable for the same or related causes under all combined policy periods for an Aggregate period of up to 104 weeks, unless otherwise agreed to by Us and specified in the Policy Schedule.
(b) Except as provided under 5.(c), Our total liability for all claims arising during any one Policy Period will not exceed the amount shown in the Policy Schedule.
(c) Our total liability for all claims arising under this Policy during any one Policy Period relating directly to air travel in aircraft whose flights are not conducted in accordance with fixed schedules to and from fixed terminals over established routes will not exceed the amount shown in the Policy Schedule.
Aggregate Limit of Liability. Notwithstanding any provision of this Agreement to the contrary, the liability of Reinsurer under this Agreement for Losses shall in no event exceed the fair market value of the assets in the Trust Account and the fair market value of any other available assets of the Reinsurer.
Aggregate Limit of Liability. SUBJECT TO SECTION 13(C), MICROCHIP’S TOTAL AGGREGATE LIABILITY IN CONTRACT,
Aggregate Limit of Liability. This Coverage Agreement’s Aggregate Limit of Liability (the “Aggregate Limit of Liability”) is the limit listed in the CCS and is the Fund’s combined total limit of liability for all Loss per event payable under this Coverage Agreement regardless of the number of coverage lines or sub-lines involved.
