Common use of Exclusions and Limitation of Liability Clause in Contracts

Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 9.2 Subject to condition 9.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 Subject to condition 9.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made 9.4 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Consumables with other manufacturer’s hardware, media or software, which have not been qualified by Kodak.

Appears in 3 contracts

Samples: Sales Contracts, Sales Contracts, Sales Contracts

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Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 9.2 Subject to condition 9.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 Subject to condition 9.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is mademade aware of the possibility of such losses or damages. 9.4 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Consumables with other manufacturer’s hardware, media or software, which have not been qualified by Kodak.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 9.2 Subject to condition 9.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 Subject to condition 9.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is mademade aware of the possibility of such losses or damages. 9.4 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Consumables with other manufacturer’s hardware, media or software, which have not been qualified by Kodak.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 9.2 Subject to condition 9.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 Subject to condition 9.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made 9.4 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Consumables with other manufacturer’s hardware, media or software, which have not been qualified by Kodak.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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