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. 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. Contractor's liability with respect to items
Contractor’s Limitation of Liability. Z10.1 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. 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. Patents & Copyrights In the event that any of the Services or Products provided hereunder shall be covered by any patent, copyright or application therefor, Provider will indemnify and save harmless University from any and all loss, cost or expense due to any and all claims, suits, judgments, costs, expenses, damages or liabilities (including reasonable attorneys' fees) on account of the use of such Services in violation of rights under such patent, copyright or application. Provider represents and warrants that the Services, and the sale to and use thereof by University do not violate or infringe any trademark, patent, copyright, trade secret or any other proprietary right of another therein. Written Agreement Governs The Parties agree that this written, executed agreement shall govern over any 'click' or electronic agreement that may have to be accepted in order to download, install, maintain, or otherwise use the products covered under this Agreement. Web Design Responsibilities (only for agreements including web design/development) Should Contractor be providing web design or development Contractor hereby represents, warrants, covenants and agrees that Contractor will: Ensure that any web design by Contractor meet and comply with University's current Web/Digital Mass Communications and Content Policies and Guidelines currently found at xxxx://xxx.xxx.xxx/brand/web/policies. For all public-facing content, comply with the UAB Brand Standards and UAB web Content Guidelines, unless an exception is granted by the UAB Digital Communication Operation Committee. The full applicable policy is available at xxxx://xxx.xxx.xxx/policies/content/pages/uab-it-pol-0000404.aspx Ensure that any web design will be created using the best available technology, artistic design, layout and Internet support available to Contractor including Access, Electronic Email and Domain Name Service, with the goal of creating a first-‐class, high-‐utilization Client web site to enhance the visibility of Client for the particular site purpose. The development and implementation of the Client web site will be coordinated to the fullest extent with designated representatives...
Contractor’s Limitation of Liability. 18.1.3 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 AS PROVIDED IN SECTION 21.3, IN NO EVENT SHALL CONTRACTOR’S AGGREGATE LIABILITY TO DSHS 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 THE MAXIMUM AMOUNT.
