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.
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 2016 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 2016 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.
Damages Limited. You agree that we are not liable for incidental or consequential damages, including without limitation, lost sales or lost profits, arising from our breach of this Agreement of our failure to make advances.
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.
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.
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.
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.
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.
