Common use of Damage Limitations Clause in Contracts

Damage Limitations. 11.6.1 EXCEPT AS PROVIDED IN SECTION 11.6.2 WITH RESPECT TO DIRECT DAMAGES ARISING OUT OF CLAIMS RELATED TO PRODUCT OR SPARE PARTS ORDERS AND EXCEPT AS PROVIDED IN SECTION 12 WITH RESPECT TO THIRD PARTY CLAIMS, UNDER NO CIRCUMSTANCE WILL SWISSRAY OR HMSA BE LIABLE FOR ANY DAMAGES, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (EXCEPT FOR CONSEQUENTIAL DAMAGES RELATING TO PERSONAL INJURY IN JURISDICTIONS WHERE SUCH DAMAGES MAY NOT BE DISCLAIMED AS A MATTER OF LAW) OR LOSS OF PROFITS, SUSTAINED BY THE OTHER PARTY, OR BY ANY PERSON DEALING WITH SUCH OTHER PARTY IN CONNECTION WITH ANY PRODUCT OR SPARE PARTS ORDER OR PRODUCTS OR SPARE PARTS COVERED THEREBY. 11.6.2 THE LIABILITY OF EITHER PARTY, IF ANY, FOR DIRECT DAMAGES IN CONNECTION WITH A BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, REGARDLESS OF THE DELIVERY OR NON-DELIVERY OF PRODUCTS OR SPARE PARTS, WILL NOT, IN ANY EVENT, BE GREATER THAN THE ACTUAL PURCHASE PRICE PAID OR TO BE PAID BY HMSA'S CUSTOMER FOR THE PRODUCTS OR SPARE PARTS WITH RESPECT TO WHICH SUCH CLAIM IS MADE.

Damage Limitations. 11.6.1 EXCEPT AS PROVIDED IN SECTION 11.6.2 FOR DAMAGES ARISING PURSUANT TO SECTIONS 7 AND 8 OF THIS EXHIBIT E (INDEMNIFICATION AND CONFIDENTIAL INFORMATION, RESPECTIVELY) UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY WITH RESPECT TO DIRECT ANY SUBJECT MATTER OF THIS AGREEMENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT FROM ANY PROVISION OF CLAIMS RELATED THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS EVEN IF INFORMED OF THE POSSIBILITY THEREOF. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE AND APPLIES TO PRODUCT OR SPARE PARTS ORDERS AND EXCEPT AS PROVIDED ALL CAUSES OF ACTION IN SECTION 12 WITH RESPECT TO THIRD PARTY CLAIMS, UNDER NO CIRCUMSTANCE WILL SWISSRAY OR HMSA BE LIABLE FOR ANY DAMAGES, UNDER ANY LEGAL THEORY, THE AGGREGATE INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DIRECTNEGLIGENCE, INDIRECTSTRICT LIABILITY, SPECIALMISREPRESENTATION, INCIDENTALAND OTHER TORTS. NOTWITHSTANDING ANY PROVISIONS IN THIS AGREEMENT TO THE CONTRARY, PUNITIVE OR CONSEQUENTIAL DAMAGES DEBTRESOLVE'S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE AN AMOUNT EQUAL TO THE FEES ACTUALLY RECEIVED BY IT DURING THE TERM. Survival. The indemnification obligations contained in this Section 7 of these Terms and Conditions will survive the termination or expiration of the Agreement for a period of one (EXCEPT FOR CONSEQUENTIAL DAMAGES RELATING TO PERSONAL INJURY IN JURISDICTIONS WHERE SUCH DAMAGES MAY NOT BE DISCLAIMED AS A MATTER OF LAW1) OR LOSS OF PROFITS, SUSTAINED BY THE OTHER PARTY, OR BY ANY PERSON DEALING WITH SUCH OTHER PARTY IN CONNECTION WITH ANY PRODUCT OR SPARE PARTS ORDER OR PRODUCTS OR SPARE PARTS COVERED THEREBYyear after the date of such termination or expiration. 11.6.2 THE LIABILITY OF EITHER PARTY, IF ANY, FOR DIRECT DAMAGES IN CONNECTION WITH A BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, REGARDLESS OF THE DELIVERY OR NON-DELIVERY OF PRODUCTS OR SPARE PARTS, WILL NOT, IN ANY EVENT, BE GREATER THAN THE ACTUAL PURCHASE PRICE PAID OR TO BE PAID BY HMSA'S CUSTOMER FOR THE PRODUCTS OR SPARE PARTS WITH RESPECT TO WHICH SUCH CLAIM IS MADE.

Damage Limitations. 11.6.1 EXCEPT AS PROVIDED IN SECTION 11.6.2 WITH RESPECT TO DIRECT DAMAGES ARISING OUT NO EVENT SHALL ANY PARTY HAVE ANY LIABILITY UNDER ANY PROVISION OF CLAIMS RELATED TO PRODUCT OR SPARE PARTS ORDERS AND EXCEPT AS PROVIDED IN SECTION 12 WITH RESPECT TO THIRD PARTY CLAIMS, UNDER NO CIRCUMSTANCE WILL SWISSRAY OR HMSA BE LIABLE THIS AGREEMENT FOR ANY DAMAGES, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, DIRECT, INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVE CONSEQUENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES (EXCEPT FOR CONSEQUENTIAL DAMAGES INDIRECT DAMAGES, INCLUDING LOSS OF FUTURE REVENUE OR INCOME, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY RELATING TO PERSONAL INJURY IN JURISDICTIONS WHERE SUCH DAMAGES MAY NOT BE DISCLAIMED AS A MATTER OF LAW) THE BREACH OR LOSS OF PROFITS, SUSTAINED BY THE OTHER PARTY, OR BY ANY PERSON DEALING WITH SUCH OTHER PARTY IN CONNECTION WITH ANY PRODUCT OR SPARE PARTS ORDER OR PRODUCTS OR SPARE PARTS COVERED THEREBY. 11.6.2 THE LIABILITY OF EITHER PARTY, IF ANY, FOR DIRECT DAMAGES IN CONNECTION WITH A ALLEGED BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, REGARDLESS OR DIMINUTION OF VALUE OR ANY DAMAGES BASED ON ANY TYPE OF MULTIPLE, WHETHER BASED ON STATUTE, CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT ARISING FROM THE OTHER PARTIES’ SOLE, JOINT, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CRIMINAL LIABILITY OR OTHER FAULT, EXCEPT (A) DAMAGES WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW, (B) IN EACH CASE, WHERE SUCH DAMAGES WERE CAUSED BY OR RESULTED FROM, IN THE CASE OF DAMAGES INCURRED BY CUSTOMER, COGENT’S KNOWING AND INTENTIONAL BREACH OF THIS AGREEMENT, OR IN THE CASE OF DAMAGES INCURRED BY COGENT, CUSTOMER’S KNOWING AND INTENTIONAL BREACH OF THIS AGREEMENT, (C) DAMAGES RESULTING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, (D) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 7.12 (CONFIDENTIALITY) (COLLECTIVELY, “EXCLUSIONS”). EXCEPT FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXCLUSIONS, THE AMOUNT OF ANY LOSSES BY A PARTY HEREUNDER SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF THE DELIVERY OR NON-DELIVERY OF PRODUCTS OR SPARE PARTS, WILL NOT, IN ANY EVENT, BE GREATER THAN THE ACTUAL PURCHASE PRICE FEES PAID OR PAYABLE TO BE PAID SUCH PARTY BY HMSA'S CUSTOMER FOR THE PRODUCTS OR SPARE PARTS WITH RESPECT TO WHICH SUCH CLAIM IS MADEOTHER PARTY HEREUNDER (ASSUMING THAT ALL EXTENSION PERIODS ARE EXERCISED.