AVAYA LIABILITIES Sample Clauses
The AVAYA LIABILITIES clause defines the extent and limitations of Avaya's legal responsibility for damages or losses arising from its products or services. Typically, this clause outlines the types of damages Avaya may or may not be held liable for, such as direct, indirect, incidental, or consequential damages, and may set caps on the total liability amount. By clearly delineating Avaya's obligations and potential exposures, this clause helps allocate risk between the parties and provides clarity on what recourse is available in the event of a dispute or failure.
AVAYA LIABILITIES. (a) For the purposes of this Agreement, "Avaya Liabilities" shall mean (without duplication):
AVAYA LIABILITIES. Except as otherwise provided in this Agreement, Avaya hereby assumes and agrees to pay, perform, fulfill and discharge, or cause an Avaya Plan to pay, perform, fulfill and discharge, in accordance with their respective terms, all Liabilities (regardless of when or where such Liabilities arose or arise or were or are incurred) to or relating to Avaya Individuals, and their dependents and beneficiaries, under or with respect to employee compensation programs, plans or policies or any Plan to the extent relating to, arising out of or resulting from future, present or former employment with Avaya, an Avaya Entity, Lucent or a Lucent Entity (including Liabilities under Lucent Plans and Avaya Plans). Notwithstanding the foregoing, (i) Avaya shall not, by virtue of any provision of this Agreement or the Contribution and Distribution Agreement, be deemed to have assumed any Excluded Liability or to have agreed to alter or amend any provision of Article VI of the Contribution and Distribution Agreement, and (ii) Avaya shall not, by virtue of this Section 2.1, be deemed to have assumed a Liability that would otherwise be the Liability of any Avaya Plan.