Common use of Damage Disclaimer Clause in Contracts

Damage Disclaimer. Refurbisher releases MS from all liability including any claim for indemnification or contribution. MS shall not be liable under this agreement for any economic damages including:  loss of profits or revenues;  business interruption; and  loss of business information or data. MS shall not be liable under this agreement for any consequential, special, incidental, indirect, or punitive damages even if MS has been advised of the possibility of the damages. This exclusion of liability applies in the event of fault, tort (including negligence), misrepresentation, strict or product liability. Refurbisher acknowledges that all exclusions of liability and any subsequent damages shall apply even if any remedies fail of their essential purpose. If MS contributes to the loss or damage of the Refurbisher, which by law cannot be excluded by this agreement, the loss or damage shall be limited to Refurbisher’s direct damages as a result of a reasonable reliance upon MS. These direct damages are limited to the amount paid by the Refurbisher under this agreement.

Appears in 5 contracts

Samples: Microsoft Registered Refurbisher Program Agreement, Microsoft Registered Refurbisher Program Agreement, Registered Refurbisher Program Agreement

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Damage Disclaimer. Refurbisher releases MS from all liability including any claim for indemnification or contribution. MS shall not be liable under this agreement for any economic damages including: loss of profits or revenues; business interruption; and loss of business information or data. MS shall not be liable under this agreement for any consequential, special, incidental, indirect, or punitive damages even if MS has been advised of the possibility of the damages. This exclusion of liability applies in the event of fault, tort (including negligence), misrepresentation, strict or product liability. Refurbisher acknowledges that all exclusions of liability and any subsequent damages shall apply even if any remedies fail of their essential purpose. If MS contributes to the loss or damage of the Refurbisher, which by law cannot be excluded by this agreement, the loss or damage shall be limited to Refurbisher’s direct damages as a result of a reasonable reliance upon MS. These direct damages are limited to the amount paid by the Refurbisher under this agreement.

Appears in 1 contract

Samples: Registered Refurbisher Program Agreement

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Damage Disclaimer. Refurbisher releases MS from all liability including any claim for indemnification or contribution. MS shall not be liable under this agreement for any economic damages including: x loss of profits or revenues; x business interruption; and x loss of business information or data. MS shall not be liable under this agreement for any consequential, special, incidental, indirect, or punitive damages even if MS has been advised of the possibility of the damages. This exclusion of liability applies in the event of fault, tort (including negligence), misrepresentation, strict or product liability. Refurbisher acknowledges that all exclusions of liability and any subsequent damages shall apply even if any remedies fail of their essential purpose. If MS contributes to the loss or damage of the Refurbisher, which by law cannot be excluded by this agreement, the loss or damage shall be limited to Refurbisher’s direct damages as a result of a reasonable reliance upon MS. These direct damages aThsese adirecrt deamsagu are limited to the amount paid by the Refurbisher under this agreement.. eslt of a

Appears in 1 contract

Samples: Registered Refurbisher Program Agreement

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