Common use of General Limitations of Liability Clause in Contracts

General Limitations of Liability. 13.1 In addition to the other limitations provided for by the Contract and to the fullest extent permitted by the applicable Law (and, therefore, with the exclusion of wilful misconduct or gross negligence), the Parties expressly agree that, in no event or case whatsoever: a) MEI shall be liable (or shall have any indemnification obligation) under the Contract for consequential, indirect, incidental, special, exemplary, punitive damages, loss of profit or revenues or diminution in value, arising out of or relating to and/or in connection with any MEI’s breach of the Contract (or any use of the Products); and b) MEI’s liability for any reason or title related or connected to the Products (including Products Liability), sale and production of the same and/or, in any case, pursuant to the Contract (including contractual, extra-contractual and/or product liability of any kind) shall exceed an amount equal to the 5% of the total value of the Contract (hereinafter, “General Cap”); and c) MEI shall have any indemnification obligation towards Purchaser or any Third Party before (until) XXX’s responsibility has been ascertained by a final judgment.

Appears in 7 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale, General Terms and Conditions of Sale

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