Common use of Buyer’s Liability Clause in Contracts

Buyer’s Liability. 23.1 Buyer’s sole liability under the Order (including its termination, expiration or cancellation) is to pay the Purchase Price for the Products in accordance with Section 5 and to pay the specific termination related amounts described in Sections 15.5 and 15.7. 23.2 BUYER SHALL NOT BE LIABLE TO SELLER WITH RESPECT TO THE SUBJECT MATTER OF THE ORDER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF THE AMOUNT THAT BUYER PAID TO SELLER FOR THE PRODUCTS DELIVERED UNDER THE ORDER. 23.3 IN NO EVENT SHALL BUYER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RESULTING FROM THE ORDER) OR FOR ANY INTEREST OR PENALTIES, IN CONNECTION WITH THE ORDER, WHETHER FOR BREACH OF CONTRACT, LATE PAYMENT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, DEATH OR OTHERWISE, WHETHER OR NOT BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 23.4 THE LIMITATIONS SET FORTH IN THIS SECTION 23 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Buyer’s Liability. 23.1 Buyer’s sole liability under the Order (including its termination, expiration or cancellation) is to pay the Purchase Price for the Products in accordance with Section 5 and to pay the specific termination related amounts described in Sections 15.5 and 15.7. 23.2 BUYER SHALL NOT BE LIABLE TO SELLER WITH RESPECT TO THE SUBJECT MATTER OF THE ORDER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF THE AMOUNT THAT BUYER PAID TO SELLER FOR THE PRODUCTS DELIVERED UNDER THE ORDER. 23.3 IN NO EVENT SHALL BUYER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RESULTING FROM THE ORDER) OR FOR ANY INTEREST OR PENALTIES, IN CONNECTION WITH THE ORDER, WHETHER FOR BREACH OF CONTRACT, LATE PAYMENT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, DEATH OR OTHERWISE, WHETHER OR NOT BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 23.4 THE LIMITATIONS SET FORTH IN THIS SECTION 23 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 24 Limitation on Assignment. The Order shall be binding upon Seller and Xxxxx and their respective successors and assigns. The Order is issued to Seller, in reliance upon Xxxxxx’s personal performance of the duties imposed and by accepting same Xxxxxx agrees not to assign the Order or delegate the performance of its duties hereunder (except for the procurement of raw materials) without Xxxxx’s prior written consent. Xxxxx’s approval of any assignment or delegation by Seller shall not relieve Seller from any of its obligations under the Order. Any breach of this provision shall entitle Buyer to terminate the Order for default without any liability in accordance with Section 15.2.2.

Buyer’s Liability. 23.1 Buyer’s sole liability under the Order (including its termination, expiration or cancellation) is to pay the Purchase Price for the Products in accordance with Section 5 and to pay the specific termination related amounts described in Sections 15.5 and 15.7. 23.2 BUYER SHALL NOT BE LIABLE TO SELLER WITH RESPECT TO THE the SUBJECT MATTER OF THE ORDER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF THE the AMOUNT THAT that BUYER PAID TO SELLER FOR THE PRODUCTS DELIVERED UNDER THE ORDER. 23.3 . IN NO EVENT SHALL BUYER BE LIABLE FOR no event shall Buyer be liable for ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, OR or EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RESULTING FROM THE ORDER) ), PERJUICIOS OR FOR ANY INTEREST OR PENALTIES, IN in CONNECTION WITH THE ORDER, WHETHER FOR BREACH OF CONTRACT, LATE PAYMENT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, DEATH OR OTHERWISEor otherwise, WHETHER OR NOT BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 23.4 23.3 THE LIMITATIONS SET FORTH IN THIS SECTION 23 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.