Cumulative Liability. The liability of Guarantor under this Guaranty is in addition to and shall be cumulative with all other liabilities of Guarantor as guarantor, surety, endorser, accommodation co-obligor or otherwise of any Guaranteed Obligations or obligation of Borrower, without any limitation as to amount.
Cumulative Liability. OANDA’S TOTAL CUMULATIVE LIABILITY TO LICENSEE FOR ANY LOSS, COSTS, CLAIM OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY LICENSEE TO OANDA UNDER THIS AGREEMENT DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE AT WHICH SUCH CAUSE OF ACTION FIRST AROSE. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN OANDA AND LICENSEE AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE FEES PAYABLE TO OANDA UNDER THIS AGREEMENT.
Cumulative Liability. The liability of the GUARANTOR under this GUARANTY shall be cumulative to, and not in lieu of, the GUARANTOR'S liability under any other LOAN DOCUMENT or in any capacity other than as GUARANTOR hereunder.
Cumulative Liability. OANDA’s total cumulative liability to Licensee for any loss, costs, claim or damages of any kind arising out of or related to this agreement will not exceed the amount of the license fees paid by Licensee to OANDA under this agreement during the three months immediately preceding the date at which such cause of action first arose. This limitation on liability was and is an express part of the bargain between OANDA and Licensee and was a controlling factor in the setting of the fees payable to OANDA under this agreement.
Cumulative Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFP LIABILITY WILL BE LIMITED TO DAMAGES AND LOSSES NOT TO EXCEED IN THE AGGREGATE […***…] EUROS (EU […***…]) . IT IS UNDERSTOOD THAT THE FOREGOING MONETARY LIMITATION OF LIABILITY REPRESENTS AFP’S TOTAL AND CUMULATIVE LIABILITY FOR ALL AFP LIABILITY.
Cumulative Liability. Supplier’s cumulative overall liability for the work, regardless of the kind of liabilities and/or non-performances, if any may remain, under this General Terms and Conditions or at law shall not exceed a maximum overall amount equal to 10% (ten percent) of the Contract price paid to Supplier under this Contract or the maximum overall amount of Euro. 500.000,- whichever is less, even if held to amount to a breach of warranty. Buyer shall indemnify defend and hold harmless Supplier for such claims in excess of this percentage/amount. When Supplier performs engineering Services Supplier’s maximum cumulative overall liability is limited to re-performance of the engineering Services; such re-performance being further limited to 20% of the engineering Contract price. The cumulative overall limit of liability shall not only apply in contract but also in tort, otherwise at law or any other legal proceeding. - Defined terms to include. For the purposes of the provisions H and I, the term Supplier is used as a reference individually and collectively for Supplier including its partners, affiliated companies, agents, representatives, suppliers and subcontractors of Supplier and their respective employees and the subrogees of that party. Similarly, the term Buyer is used as a reference individually and collectively for Buyer including its partners, affiliated companies, agents, successors, representatives, clients and contractors of Buyer, and their employees and the subrogees of that party.
Cumulative Liability. THE CUMULATIVE LIABILITY OF CORCENTRIC TO DTNA FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE CORCENTRIC TECHNOLOGY, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL COMPENSATION AND REVENUE PAID OR OTHERWISE PAYABLE TO CORCENTRIC BY DTNA DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE UPON WHICH ANY SUCH LIABILITY ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS PARAGRAPH AND THE LIMITATIONS CONTAINED IN THIS PARAGRAPH SHALL NOT APPLY TO DAMAGES RESULTING FROM BREACH OF CONFIDENTIALITY AS SET FORTH IN SECTION 12, INTENTIONAL TORTS OR GROSS NEGLIGENCE OF CORCENTRIC. ANY CLAIM ARISING OUT OF THE PERFORMANCE OF SERVICES OR PAYMENT OF COMPENSATION AND REVENUE MUST BE MADE IN WRITING TO THE RESPONSIBLE PARTY WITHIN TWELVE (12) MONTHS OF THE DATE WHEN SUCH PERFORMANCE OR PAYMENT WAS COMPLETED OR SUPPOSED TO HAVE BEEN COMPLETED (UNLESS THE SAME WAS CONCEALED).
Cumulative Liability. To the extent that limitation of liability is permitted by law, NetApp’s liability is limited to direct damages in an amount not to exceed US$1,000,000. This limitation is cumulative and not per incident.
Cumulative Liability. Neither Seller nor any of its subcontractors’ agents shall be liable for any loss or damage to the equipment or other property or injury or death to Buyer’s agents, employees, or Buyer arising in connection with the Services or any other maintenance or support provided by Seller or its subcontractor under this SSA. Notwithstanding any other provision of the Agreement or this SSA, under no circumstances shall Seller or any of its subcontractors be liable to Buyer or any third party claiming under Buyer, for special, incidental, indirect or consequential damages as a result of a breach of any provision of the SSA, or for any loss, damage, or any expense directly or indirectly arising from Buyer’s use or inability to use or a third party’s use, or inability to use, whether or not authorized, of the software or its components, either separately or in combination with other equipment, or for commercial loss of any kind, including costs of procurement of substitute services, loss of profits, and interruption of services. Seller’s cumulative liability under the SSA for all causes of action shall be limited to and shall not exceed the amounts paid by Buyer under the SSA, and in no event shall Seller be liable to Buyer for any amount exceeding amounts paid under the SSA on a monthly basis.
Cumulative Liability. The cumulative liability of the Acquiree Shareholders (excluding Claims relating to Taxes and representations and warranties made fraudulently which shall not be subject to any limit) under this Article 9 shall not exceed the sum of $1,000,000 for Claims made prior to the first anniversary of the Closing Date and $750,000 for Claims made prior to the second anniversary of the Closing Date.
