Contractor’s Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 20.5, IN NO EVENT SHALL CONTRACTOR’S AGGREGATE LIABILITY TO THE COUNTIES UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS AGREEMENT, EXCEED THE MAXIMUM AMOUNT IN EXHIBIT A.
Contractor’s Limitation of Liability. Except as provided in Section 22.4, in no event will Contractor’s aggregate liability to the Department under this Contract, regardless of the form of action, whether in contract, tort, negligence, strict liability or by statute or otherwise, for any claim related to or arising under this Contract, exceed twice the Maximum Amount of the Contract. Following the successful completion of the DDI phase and acceptance by the Department, Contractor’s aggregate liability will be reduced to 1.6 times the Maximum Amount of the contract. After the completion of each full year of operations, Contractor’s aggregate liability limit will be reduced by .15 (e.g. after Year 1 of operations 1.45 times, after Year 2 of operations 1.30 times, after Year 3 of operations
Contractor’s Limitation of Liability. Except for the obligation to indemnify provided in Paragraphs, 15.3.1, 15.3.2, and 15.5.1 Contractor’s cumulative liability to Customer for any and all claims that have not been waived or released pursuant to the terms of this Article 15 and any claim to which the remedies are not limited elsewhere in this Contract, arising out of or relating to this Contract, including, without limitation, any claim for termination, shall not, under any circumstances, exceed the amount of the Contract Price paid by Customer for the affected Launch Service as of the date of such claim. ****
Contractor’s Limitation of Liability. Contractor's liability with respect to items
Contractor’s Limitation of Liability. Limitations on Contractor's liability, regardless of conflicting language elsewhere in the Agreement, shall not apply to claims related to Contractor's breach of Confidentiality, as defined in this Addendum or, if applicable, claims related to Contractor's breach of the Information Security sections of this Addendum.
Contractor’s Limitation of Liability. EXCEPT AS PROVIDED IN
Contractor’s Limitation of Liability. The Main Contractor’s liability to the Subcontractor for the Subcontractor’s indirect or consequential loss is limited to R0.00 (zero Rand)
Contractor’s Limitation of Liability. Contractor will not be liable to the extent claims of misappropriation or infringement arise from: (i) Contractor’s compliance with any designs, Specifications or written instructions of HCA and Contractor could not have avoided such claims using reasonable commercial measures after becoming aware of such potential infringement or misappropriation; or (ii) the combination, operation, or use of any Deliverable furnished to HCA with equipment, programs, or data not furnished or recommended by Contractor, if such infringement would have been avoided by the use of the Deliverable without such equipment, programs, or data; or (iii) alterations or modifications made by any party other than Contractor or Subcontractors.
Contractor’s Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 19.3, IN NO EVENT WILL CONTRACTOR’S AGGREGATE LIABILITY TO HCA UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS AGREEMENT, EXCEED THREE (3) TIMES THE AMOUNT PAID BY HCA TO CONTRACTOR UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM AND (II) CONTRACTOR SHALL NOT BE LIABLE TO HCA FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, AND LOST OPPORTUNITY.
Contractor’s Limitation of Liability. Except for Contractor’s indemnification obligations, breach of its confidentiality obligations, improper or wrongful abandonment of Work and willful misconduct, Contractor’s aggregate liability to TerreStar for any and all claims related to this Contract shall be limited to:
(1) In respect of claims relating to the Work performed under this Contract (excluding any Work provided under an option exercised pursuant to Article 33 (“Optional Work”)), the greater of (i) [***] of the Purchase Price or (ii) amounts paid or payable for the S-BSS by TerreStar through the Milestone immediately following the date upon which the basis of the claim occurred.
(2) In respect of claims relating to any Optional Work exercised hereunder, the greater of (i) [***] of the option price or (ii) amounts paid for such services in the [***] prior to the date on which the basis of the claim occurred.
