Common use of Customer Exclusive Remedy Clause in Contracts

Customer Exclusive Remedy. Company’s entire liability and Customer’s exclusive remedy with respect to the use of the Services (including without limitation with respect to the installation, delay, provision, termination, maintenance, repair, interruption, or restoration of any such Services) or any breach by Company of any obligation Company may have under these Terms and Conditions whether in an action for or arising out of breach of contract, tort (including negligence), indemnity or strict liability, shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Company’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 3-month period.

Customer Exclusive Remedy. Company’s entire liability and Customer’s exclusive remedy with respect to the use of the Services (including without limitation with respect to the installation, delay, provision, termination, maintenance, repair, interruption, or restoration of any such Services) or any breach by Company of any obligation Company may have under these Terms and Conditions this Service Agreement whether in an action for or arising out of breach of contract, tort (including negligence), indemnity or strict liability, shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Company’s liability to Customer for any claim arising out of this Service Agreement exceed the amount paid by the Customer during the preceding 3-month period.