EXCLUSION OF AND LIMITATION ON CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XXXXX SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY (i) LOSS OF PROFITS, BUSINESS OR DATA, (ii) INTERRUPTION OF ANY BUSINESS, OR (iii) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH IN THIS AGREEMENT. IN ADDITION, DAMAGES SHALL IN NO EVENT EXCEED THE TRAILING TWELVE (12) MONTHS OF RENTAL PAYMENTS MADE BY YOU TO THE FACILITY FOR YOUR UNIT.
Appears in 4 contracts
Samples: User License Agreement, User License Agreement, User License Agreement
EXCLUSION OF AND LIMITATION ON CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XXXXX Xxxxx SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY (i) LOSS OF PROFITS, BUSINESS OR DATA, (ii) INTERRUPTION OF ANY BUSINESS, OR (iii) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH IN THIS AGREEMENT. IN ADDITION, DAMAGES SHALL IN NO EVENT EXCEED THE TRAILING TWELVE (12) MONTHS OF RENTAL PAYMENTS MADE BY YOU TO THE FACILITY FOR YOUR UNIT.
Appears in 1 contract
Samples: User License Agreement
