Cap on Damages. EXCEPT AS OTHERWISE PROVIDED IN SECTION 9.3, IN NO EVENT WILL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO VCG IN THE ANNUAL PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Cap on Damages. EXCEPT FOR THE LIMITED LIABILITY EXCLUSIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR DAMAGES STEMMING FROM THIS AGREEMENT IN EXCESS OF THE TOTAL FEES PAYABLE TO MINTEL FOR THE PRECEDING PERIOD OF TWELVE (12) MONTHS.
Cap on Damages. Except for claims involving fraud, gross negligence or willful misconduct and for Seller’s indemnification obligations pursuant to Section 9.2 or Buyer’s indemnification obligations pursuant to Section 9.3, each Party’s aggregate liability under this Agreement (including negligence) shall not exceed the aggregate amounts actually paid (and, with respect to Buyer’s liability hereunder, payable) by Buyer to Seller pursuant to Sections 3.1 through 3.5.
Cap on Damages. MSI'S AGGREGATE LIABILITY WITH RESPECT TO A PRODUCT AND THIS CONTRACT SHALL BE LIMITED TO THE MONIES PAID TO MSI BY PURCHASER FOR THAT PRODUCT.
Cap on Damages. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY TO THE OTHER PARTY EXCEED THE GREATER OF (A) $5,000,000 AND (B) THE AMOUNTS PAID/PAYABLE BY DISTRIBUTOR TO EVOLUS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT OR OMISSION GIVING RISE TO LIABILITY.
Cap on Damages. THE PARTIES' LIABILITY TO EACH OTHER FOR DIRECT DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE TOTAL AGGREGATE DOLLAR AMOUNT PAID OR THERETOFORE REQUIRED TO HAVE BEEN PAID BY CUSTOMER PURSUANT TO THE AGREEMENT, SUBJECT TO SECTION 8.3 BELOW.
Cap on Damages. Retailer specifically waives whatever rights it may -------------- have to seek consequential or punitive damages and/or lost profits resulting from a breach by WHV of its obligations under this Agreement; provided, however that this provision shall not limit Retailer's right to seek and/or obtain actual or direct damages suffered as a result of any breach by WHV of its obligations under this Agreement.
Cap on Damages. IN NO EVENT WILL UNISERVE’S AND ITS LICENSORS, SUBCONTRACTORS, SERVICE PROVIDERS AND SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO UNISERVE PURSUANT TO THE AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Cap on Damages. Total cumulative damages for failing to meet the warranties discussed above shall not exceed $2,500,000.
Cap on Damages. NEITHER PARTY’S NOR ANY OF ITS RESPECTIVE AFFILIATES ANNUAL LIABILITY UNDER THIS AGREEMENT WILL EXCEED THE LESSER OF (A) THE AMOUNTS THE CUSTOMER ACTUALLY PAYS BADGER METER UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $250,000. NOTHING IN THIS SECTION 12 WILL LIMIT CUSTOMER’S OBLIGATION TO PAY BADGER METER FOR USE OF THE SERVICES PURSUANT TO SECTION 5.
