Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF LAS TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER FOR THAT PORTION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (B) WITH RESPECT TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSE.
Exclusions of Remedies; Limitation of Liability. 11.1 Licensor shall not be liable for, and Licensee hereby assumes the risk of and shall indemnify, defend and hold harmless Licensor and its directors, officers, employees, agents and representatives from and against any claim, injury, loss, damage, or expense (including attorney’s fees), either direct or indirect, whether incurred, made or suffered by Licensee or any third party, in connection with or in any way arising out of the furnishing, performance, access to or use of the Portal and/or any Licensee Data.
Exclusions of Remedies; Limitation of Liability. EXCEPT WITH RESPECT TO EACH PARTY’S RIGHTS AND OBLIGATIONS UNDER SECTIONS 7 AND 8, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING FROM ANY SOURCE, EVEN IF THE PARTY FROM WHICH SUCH DAMAGES ARE SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
Exclusions of Remedies; Limitation of Liability. OCERIS, Inc. will not be liable to Client or any Related Party or any third party for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, or liabilities to third parties arising from any source, even if OCERIS, Inc. has been advised of the possibility of such damages. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective. OCERIS, Inc.’s cumulative liability to Client for all claims arising from or relating to this Agreement, including, without limitation, any cause of action sounding in contract, tort, or strict liability, will not exceed the total amount of all fees paid to OCERIS, Inc. by Client during the three (3) month period immediately preceding the event, act or omission giving rise to such liability. This limitation of liability is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.
