Damages and Limitation of Liability. 11.1 Flytoget is entitled to claim damages for any loss suffered due to the Supplier’s breach of contract. Flytoget’s right to damages remains in force and effect regardless of whether Flytoget has also exercised their right to terminate the Contract for cause.
Damages and Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, includingdamages for lost profits.
Damages and Limitation of Liability. If the Supplier commits a breach of this Agreement other than what is set out in section 8.2, or otherwise through negligence causes Semantix to incur or suffer damages, loss, costs or liabilities, Semantix shall be entitled to damages equal to the actual damages, loss, costs or liabilities incurred or suffered by Semantix due to the breach. This amount must be fairly calculated. For Freelance Suppliers, the maximum amount payable is limited to three thousand euros, (EUR 3,000) for each such breach or other action set out above. If the damages have been caused through gross negligence or wilful misconduct (i.e. where the Supplier could have predicted that the act would harm Semantix), the limitation of liability shall not apply. No limitation of liability shall apply for Agency Suppliers.
Damages and Limitation of Liability. 11.1. In the absence of intent or gross negligence by the Supplier, the Supplier's liability shall be limited to the amount stated in this Agreement and the Customer shall not be entitled to raise other claims against the Supplier based on this Agreement.
Damages and Limitation of Liability. Neither party shall be liable to the other for any indirect or consequential damages arising from any performance or failure to perform by a party or its employees or subcontractors under an order, or the agreement made between the parties. The foregoing limitation shall not apply in the case of a party’s gross negligence or willful misconduct, breach of the confidentiality obligations set forth herein or Seller’s indemnification obligations under Section 9 or at common law. Buyer's liability on any claim of any kind for any loss or damage arising out of or in connection with or resulting from this agreement or from the performance or breach thereof shall in no case exceed the price allocable to the Goods or Services or unit thereof which gives rise to the claim.
Damages and Limitation of Liability. If Temet breaches these Terms or the agreement between the Parties and Client verifiably suffers direct damage as a result, Temet’s liability shall always be limited to the purchase price of the Delivery in question (exclusive of VAT and public fees). Temet shall not, in any case, be liable for any indirect damage suffered by Client, such as loss of production, profits or turnover, loss of sales or market shares, interruption of production or service or for any other equivalent damage. If Temet is obliged to pay liquidated damages or compensation for delay, Client shall not be Address Asentajankatu 3 Telephone International E-mail xxxxxx@xxxxx.xxx Bank Xxxxxx Xxxx Xxx Xxxxxxxxxx Xxxxxx Xxxxxxxx XX-00000 XXXXXXXX FINLAND +000 00 000 0000 Internet xxx.xxxxx.xxx IBAN: XX0000000000000000 BIC code: XXXXXXXX XXX reg. FI09532951 entitled to any other compensation for damages based on the same breach. These limitations of liability shall not be applied to damages that Temet has caused intentionally or by gross negligence.
Damages and Limitation of Liability. 17.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims (including third party claims), actions, losses, liabilities, expenses, costs or demands, including, but not limited to, legal and accounting fees, directly or indirectly, as a result of or due to (i) your use, misuse or inability to use by you (or if you are under the influence of another person, including but not limited to Government Authorities, by such other person) of the Website, Platform, Account on the Platform, or any content or information that you have provided to the Platform; or (ii) your violation of these Terms or other documents of the Agreement, documents that are part of these Terms or the terms of a third-party service provider, as well as documents related to the opening and use of an Account.
Damages and Limitation of Liability. IN NO EVENT SHALL CUSTOMER OR ANY THIRD PARTY HAVE THE RIGHT TO RECOVER FROM SAFESMART FOR ANY LOSS, DAMAGE, COST OF REPAIR, OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES FOR LOSS OF EFFICIENCY OR DELAY TO ANY PROJECT ON WHICH THE GOODS ARE USED OR ORDERED OR INTENDED FOR USE), WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSES OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE, OR REPAIR OF THE GOODS SOLD BY SAFESMART. NOTWITHSTANDING THE FOREGOING, CUSTOMER AGREES THAT SAFESMART’S SOLE LIABILITY, IF ANY, SHALL BE EXCLUSIVELY LIMITED TO, AT SAFESMART’S OPTION, REPAIR OR REPLACEMENT OF ANY NON-CONFORMING GOODS OR REFUND OF THE PURCHASE PRICE PAID FOR SUCH NON-CONFORMING GOODS.
Damages and Limitation of Liability. 11.1 See Exhibit J.
Damages and Limitation of Liability. 14.1 EXCEPT FOR CLAIMS ARISING OUT OF A BREACH OF CONFIDENTIALITY PROVIDED FOR IN ARTICLE 15 AND FOR INDEMNIFICATION PURSUANT TO SECTIONS 13.1(a), 13.1(b), 13.1(e), 13.2(b), or 13.2(d), IN NO EVENT SHALL NDCHEALTH OR ARCLIGHT BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER INDIRECT LOSS OR DAMAGE, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM, WHETHER IN AN ACTION FOR OR ARISING OUT OF ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. NO ACTION OR PROCEEDING HEREUNDER OR RELATING HERETO MAY BE COMMENCED MORE THAN TWO YEARS AFTER THE DATE THE INJURED PARTY BECOMES AWARE OF THE CAUSE OF ACTION.
