EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred.
B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS:
(i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A.
(iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS.
C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this section, Lucent shall be deemed to include Lucent Technologies Inc., its subsidiaries and affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" shall be deemed to refer collectively to all injury, damage, loss or expense incurred.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE FURUKAWA ELECTRIC MOROCCO SARL, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM AND "DAMAGES" SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE OFS FITEL DEUTSCHLAND GMBH, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM, AND "DAMAGES" SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE OFS FITEL, LLC, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM, AND "DAMAGES" SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE Fibotec Fiberoptics GmbH, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM AND “DAMAGES” SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
B. SELLER’S ENTIRE LIABILITY AND BUYERS EXCLUSIVE REMEDIES AGAINST SELLER FOR ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE, OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY WORK REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE STRICT LIABILITY OR OTHERWISE SHALL BE: 1. FOR INFRINGEMENT, THE REMEDIES SET FORTH IN SECTION 9.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, Seller shall be deemed to include its subsidiaries and Affiliates and the directors, officers, employees, agents, representatives, subcontractors and Seller's suppliers of each of them; and "damages" shall be deemed to refer collectively to all injury, damage, loss or expense incurred.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE OFS FITEL DENMARK APS, ITS SUBSIDIARIES AND AFFILIATES AND THE MANAGEMENT, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM, AND “DAMAGES” SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, Seller shall be deemed to include Lucent Technologies Inc., its subsidiaries and affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" shall be deemed to refer collectively to all injury, damage, loss or expense incurred.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. Seller's entire liabilityand Buyer’s exclusive remedies against Seller for any damages caused by any product defect or failure, or arising from the performance or non-performance of any work, regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise shall be:
1) For infringement, the remedies set forth in the section entitled Intellectual Property Indemnity;
2) For failure of product or work performed, the remedies stated in the section entitled Warranty;
3) For failure to deliver or for delays in delivery of production quantities, Seller shall have no liability unless the delivery is delayed by more than thirty (30) days by causes not attributable either to Buyer or to conditions beyond Seller's reasonable control, in which case Buyer shall have the right, as its sole remedy, to terminate the order without incurring termination charges;
4) For bodily injury or death to any person proximately caused by Seller, Buyer's right to proven direct damages; and
5) For claims other than set forth above, Seller's liability shall be limited to direct damages that are proven, in an amount not to exceed the value of the order times the gross margin for the quarter in which the order is shipped to Buyer. Notwithstanding any other provision of these Terms and Conditions, Seller shall not be liable for incidental, indirect, special, exemplary or consequential damages, including but not limited to lost profits, savings or revenues of any kind, whether or not Seller has been advised of the possibility of such damages. This provision shall survive failure of an exclusive remedy.
