Damages Limited Sample Clauses

Damages Limited. IN THE ABSENCE OF ACTUAL FRAUD, IN NO EVENT SHALL ANY PARTY BE LIABLE TO OR BE REQUIRED TO INDEMNIFY ANY OTHER PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE OF ANY KIND, (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Sample 1Sample 2Sample 3See All (12)
Damages Limited. It is acknowledged by the parties that neither the County nor the District would have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Company of any Purchase Price owing to the Company hereunder, together with interest on the Purchase Price up to the limit described in this Section 18. Any and all obligations arising out of or related to this Agreement are the special and limited obligations of the County and/or the District payable only from funds of the District, to the extent such revenues may become available. Neither the County nor the District shall have any pecuniary liability for any act or omission on the part of the County or the District, except as set forth in this Section 18. In no event will an act, or an omission or failure to act, by the County or the District with respect to the sale or proposed sale of the Series A of 2020 Bonds or any Parity Bonds subject the County or the District to pecuniary liability therefor. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement; except that the County and the District shall not be liable in damages to the Company, or to any assignee or transferee of the Company, other than to pay up to an amount equal to the Purchase Price for any Project Facility which the County is obligated to acquire from the Company hereunder, together with interest on the Purchase Price at a rate equal to the yield on the Series A of 2020 Bonds. In light of the foregoing, the Company covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement, except for the payment of an amount equal to the Purchase Price of any Facility to be acquired from the Company hereunder, together with interest on the Purchase Price up to the limit described in the previous sentence.
Sample 1See All (4)
Damages Limited. If the Company fails to provide the remedies in Paragraph 11(a) or if the Company otherwise fails to perform its duties and obligations under this Agreement and Subscriber can establish that as a direct result thereof Subscriber has incurred any damages, liabilities, losses, fees, costs or expenses, then the Company's liability to Subscriber for actual damages for any cause whatsoever regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise, shall not exceed in the aggregate the lesser of (i) one month's total monthly fees as set forth in Section 1, or as then in effect or (ii) $1,000 FURTHER, IN NO EVENT SHALL THE COMPANY, ANY INFORMATION PROVIDER OR ANY OTHER THIRD PARTY PROVIDER OF EQUIPMENT, SOFTWARE OR SERVICES FOR THE COMPANY BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE SERVICE, THE EQUIPMENT, ANY SOFTWARE AND ANY MAINTENANCE PROVIDED OR PERFORMED OR TO BE PROVIDED OR PERFORMED UNDER THIS AGREEMENT OR OTHERWISE ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Sample 1
Damages Limited. In no event shall either party hereunder be liable --------------- for any special, indirect, incidental, consequential or exemplary damages that may be incurred or claimed to be incurred by the other party, and each party hereby waives its rights to recover any such damages from the other party.
Sample 1
Damages Limited. LOCUTION’s liability for damages to Customer for breach of this contract (and not tort claims) shall not exceed the total amount paid to LOCUTION by Customer.
Sample 1
Damages Limited. In any legal proceeding to enforce the terms of this Agreement or relating to the activities contemplated herein, as between Firm and Applicant: Damages awarded to Firm and payable by Applicant will be limited to a maximum of the amounts or rates, as applicable, set forth in Exhibit A; and Damages awarded to Applicant and payable by Firm will be limited to a maximum of amounts Applicant previously paid Firm pursuant to this Agreement; However, these damages limitations will not apply with respect to any intentional or willful acts by Firm or Applicant, except to the extent that any damages are incidental, special, exemplary, punitive, or otherwise similarly attenuated.
Sample 1
Damages Limited. Unless otherwise stipulated in an Order, and to the extent that such limitation is permitted by applicable Law: 30.2.1. The liability of each Party to the other Party under this Agreement in respect of any event or series of related events, all losses, damages, liabilities, costs and other expenses (whether foreseeable or unforeseeable) of any kind (including, without limitation, loss of profits, loss of income, loss of goodwill, loss or corruption of data or software, loss of use, business interruption, procurement of substitute products or equipment or any other pecuniary loss arising out of a delay in delivery or reliance on the Licensed Technology) incurred, to be incurred or suffered by the other Party as a result of or in connection with this Agreement or any Order, whether based on contract, delict, statute or otherwise shall not exceed the total amount paid and payable by the Customer to SPINWELL-GLU under this Agreement in the 12-month period preceding thecommencement of the event or events. 30.2.2. The aggregate liability of each Party to the other Party shall not exceed the total amount paid and payable by the Customer to SPINWELL-GLU under this Agreement in a 12-month period, irrespective of the form (whether in contract, delict (including negligence), statute or otherwise) of such legal action.
Sample 1

Related to Damages Limited

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Arbitration, Damages, Warranties Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

  • Damages; Relief Termination of this Agreement shall not preclude either Party from claiming any other damages, compensation or relief that it may be entitled to upon such termination.

  • No Damages for Delay The Contractor has no claim for monetary damages for delay or hindrances to the Work from any cause, including without limitation any act or omission of the Owner.

  • No Voting or Dividend Rights; Limitation of Liability Nothing contained in this Warrant shall be construed as conferring upon the Holder hereof the right to vote, give consent or receive notices as a shareholder of the Company. No dividends or interest shall be payable or accrued in respect of this Warrant, the interest represented hereby, or the shares purchasable hereunder until, and only to the extent that, this Warrant shall have been exercised. No provisions hereof, in the absence of affirmative action by the Holder to purchase shares of Common Stock, and no mere enumeration herein of the rights or privileges of the Holder hereof, shall give rise to any liability of such Holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by its creditors.

  • No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.