Damage to Customer Equipment. EXODUS ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR LOSS OF, ANY CUSTOMER EQUIPMENT RESULTING FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF EXODUS. TO THE EXTENT EXODUS IS LIABLE FOR ANY DAMAGE TO, OR LOSS OF, CUSTOMER EQUIPMENT FOR ANY REASON, SUCH LIABILITY WILL BE LIMITED SOLELY TO THE THEN-CURRENT REPLACEMENT VALUE OF THE CUSTOMER EQUIPMENT, EXCLUDING LOST DATA, SOFTWARE AND FIRMWARE.
Damage to Customer Equipment. Company is not liable for any damage to, or loss of, any Customer Equipment resulting from any cause other than from the willful misconduct of Company. Further, to the extent Company is liable for any damage to, or loss of, Customer Equipment, such liability will be limited solely to the then-current replacement value of the Customer Equipment, excluding lost data, software and firmware.
Damage to Customer Equipment. AboveNet assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than AboveNet's gross negligence or willful misconduct. To the extent AboveNet is liable for any damage to, or loss of, the Customer Equipment for any reason, such liability will be limited solely to the then-current value of the Customer Equipment and further subject to the limitations set forth in this Section 11.3 and in Section 11.4 below. In no event will AboveNet be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer Equipment for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of any Customer Equipment, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
Damage to Customer Equipment. RAGINGWIRE SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO, OR LOSS OF, ANY CUSTOMER EQUIPMENT RESULTING FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF RAGINGWIRE. TO THE EXTENT RAGINGWIRE IS LIABLE FOR ANY DAMAGE TO, OR LOSS OF, CUSTOMER EQUIPMENT FOR ANY REASON, SUCH LIABILITY SHALL BE LIMITED SOLELY TO THE THEN-CURRENT MARKET VALUE OF THE CUSTOMER EQUIPMENT, EXCLUDING (i) ANY LOST DATA, (ii) LOST SOFTWARE, AND/OR (iii) LOST FIRMWARE.
Damage to Customer Equipment. Except for act of gross negligence, intentional misconduct and fraud, AOL will not be liable for any damage to, or loss of, the Customer Equipment or other property under the care, custody or control of a TW Company, to the extent that such loss or damage is, or is required to be under this Agreement, covered by such TW Company’s insurance.
Damage to Customer Equipment. In the event Customer damages the Space, Customer shall, at its sole cost and expense, repair the Space to the state it was in prior to the damage. Licensor assumes no liability for, and Customer hereby releases Licensor and the Indemnified Parties for, any damage to, or loss of, any Customer Equipment resulting from any cause (except Licensor’s own willful misconduct or gross negligence). In any event, Licensor and the Indemnified Parties shall not, under any circumstances, be liable for any damage resulting from any type of conduct if such loss is covered by Customer’s insurance. Licensor shall not be liable for lost data or software.
Damage to Customer Equipment. Neither Licensor nor Company assumes any liability for, and Customer hereby releases Licensor and Company for, any damage to, or loss of, any Customer Equipment resulting from any cause (except Licensor's and/or Company's own willful misconduct or gross negligence), and Customer assumes full responsibility for protecting the Customer Equipment. In any event, Licensor and Company shall not be liable for any damage resulting from any type of conduct if such loss is covered by Customer's property/hazard insurance. To the extent Licensor or Company is found liable for any damage to, or loss of, Customer Equipment, such liability will be limited to the replacement value of Customer Equipment. Neither Licensor nor Company shall be liable for lost data and software.
Damage to Customer Equipment. Hurricane is not liable for damage to, or loss of any of Customer Equipment resulting from any cause, other than Hurricane's gross negligence or willful misconduct and then only in an amount not to exceed the replacement value of the damaged Customer Equipment, or the total amount paid by Customer to Hurricane for one month’s service, whichever is lower.
Damage to Customer Equipment. COMPANY ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR LOSS RELATING TO, CUSTOMER’S BUSINESS RESULTING FROM ANY CAUSE WHATSOEVER. CERTAIN EQUIPMENT MAY BE DIRECTLY ACCESSIBLE BY OTHER CUSTOMERS. COMPANY ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR LOSS OF, ANY CUSTOMER EQUIPMENT OR TO OTHER DAMAGES CAUSED BY OR RELATED TO CUSTOMER’S USE OF THE SERVICES RESULTING FROM ANY CAUSE OTHER THAN COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE EXTENT COMPANY IS LIABLE FOR ANY DAMAGE TO, OR LOSS OF, CUSTOMER EQUIPMENT FOR ANY REASON, SUCH LIABILITY WILL BE LIMITED SOLELY TO THE THEN-CURRENT BOOK VALUE OF THE CUSTOMER’S EQUIPMENT SO DAMAGED. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL EXTEND TO THE BENEFIT OF COMPANY INDEMNIFIED PARTIES. EACH PARTY IS RESPONSIBLE FOR THE INSURING THE EQUIPMENT AND PROPERTY IT OWNS WITH COVERAGE CONSISTENT WITH INDUSTRY STANDARDS. NEITHER PARTY HAS ANY OBLIGATION TO INSURE THE EQUIPMENT OR PROPERTY OF THE OTHER.
Damage to Customer Equipment. Exodus assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than the negligence or willful misconduct of exodus. To the extent Exodus is liable for any damage to, or loss of, Customer Equipment for any reason, such liability will be limited solely to the then-current replacement value of the Customer Equipment, excluding lost data , software and firmware.
