Direct Damages Only. To the maximum extent permitted by law, the liability of Renaissance shall be limited to direct damages only, thus excluding liability for any other damages such as indirect, special, incidental, consequential or punitive damages (including, but not limited to, lost profits, lost data, lost revenue, lost savings and loss of goodwill).
Direct Damages Only. NEITHER PARTY SHALL BE LIABLE TO THE OTHER, OR TO ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE OF DATA OR THE SERVICES, LOST BUSINESS, LOSS OF GOODWILL, LOST REVENUES, FAILURE TO REALIZE ANTICIPATED SAVINGS, OR LOST PROFITS, AND ANY OTHER DAMAGES FOR ECONOMIC LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE INSTALLATION, IMPLEMENTATION, CUSTOMIZATION, USE, INABILITY TO USE, OPERATION OR SUPPORT OF THE SERVICES.
Direct Damages Only. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, LIABILITY FOR INDEMNIFICATION, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS AND LIABILITY ARISING FROM SERVICE PROVIDER’S BREACH OF SECTION 3, EACH PARTY’S LIABILITY IS LIMITED TO DIRECT ACTUAL DAMAGES ONLY, AND IN NO EVENT WILL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, OR (B) WHETHER OR NOT THE OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Direct Damages Only. Subject to the restrictions in this Article 7 and subject to the Aggrieved Parties election, if so entitled in law, to rescind or be discharged from this Agreement, in the event of any breach by the other Party of its obligations under this Agreement, including any breach of a fundamental term or a fundamental breach, Each Party's exclusive remedy under this or any related agreement shall be to receive actual, direct damages up to US $1,000,000.
Direct Damages Only. Subject to the restrictions in this Section 6 and subject to ICI/ADP's election, if so entitled in law, to rescind or be discharged from this Agreement, in the event of any breach by TPI of its obligations under this Agreement, including any breach of a fundamental term or a fundamental breach, ICI/ADP's exclusive remedy shall be to receive from TPI payment for actual and direct damages to a maximum amount equal to the amount paid hereunder by ICI/ADP to TPI.
Direct Damages Only. EXCEPT FOR CONTRACTOR’S LIABILITY FOR DELAY DAMAGES, SUBSTANTIAL COMPLETION CLIFF LIQUIDATED DAMAGES, PERFORMANCE LIQUIDATED DAMAGES, AND ANY LIABILITIES TO A THIRD PARTY FOR WHICH A PARTY IS SEEKING INDEMNIFICATION HEREUNDER, NO PARTY SHALL BE LIABLE FOR SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OTHER LAW OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE OTHER PARTY’S SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT.
Direct Damages Only. Subject to the restrictions in this Section 6 and subject to Customer's election, if so entitled in law, to rescind or be discharged from this Agreement, in the event of any breach by TPI of its obligations under this Agreement, including any breach of a fundamental term or a fundamental breach, Customer's exclusive remedy shall be to receive from TPI payment for actual and direct damages to a maximum amount equal to the amount paid hereunder by Customer to TPI in the three (3) months' prior to the time that the applicable cause of action arose; less the amount of any damages already paid or to which Customer is or may be entitled by reason of any claim arising out of a breach (including fundamental breach) by TPI of this Agreement, or otherwise, whether based in contract, tort (including negligence), or otherwise.
Direct Damages Only. IN NO EVENT SHALL ANY INDEMNITOR BE LIABLE TO ------------------- ANY INDEMNITEE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, FOR ANY BREACH OR DEFAULT UNDER, OR ANY ACT OR OMISSION ARISING OUT OF OR IN ANY WAY RELATING TO, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, UNDER ANY FORM OF ACTION WHATSOEVER, WHETHER IN CONTRACT OR OTHERWISE. PROVIDED, HOWEVER, NOTHING IN THIS SECTION 7.07 SHALL LIMIT THE INDEMNIFICATION IN FULL OF ALL AMOUNTS WHICH ANY INDEMNITEE IS REQUIRED TO PAY TO ANY THIRD PERSON IN CONNECTION WITH ANY INDEMNIFIABLE CLAIM.
Direct Damages Only. Subject to the restrictions in this Article 6 and subject to Distributor's election, if so entitled in law, to rescind or be discharged from this Agreement, in the event of any breach by Licensor of its obligations under this Agreement, including any breach of a fundamental term or a fundamental breach, Distributor's exclusive remedy under this or any related agreement shall be to receive actual, direct damages up to the amount received hereunder for the provision of Deliverables in the twelve months prior to the applicable claim being made; less the amount of any damages already paid or to which Distributor is or may be entitled by reason of any claim arising out of a breach (including fundamental breach) by Licensor of this Agreement, or otherwise, whether based in contract, tort (including negligence), or otherwise.
Direct Damages Only. EXCEPT FOR SUBCONTRACTOR’S LIABILITY FOR DELAY DAMAGES, AND FOR ANY LIABILITIES TO A THIRD PARTY FOR WHICH A PARTY IS SEEKING INDEMNIFICATION HEREUNDER, NO PARTY SHALL BE LIABLE FOR SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OTHER LAW OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE OTHER PARTY’S SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT.
