Common use of General Limitations on Liability Clause in Contracts

General Limitations on Liability. 11.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE PROHIBITED BY LAW, NEITHER ZETTALYNC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY OWNER OR MANAGER OF THE BUILDING OR LAND IN WHICH CUSTOMER’S PREMISES IS LOCATED SHALL HAVE ANY LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR: 11.1.1 ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF EARNINGS OR LOSS OF BUSINESS OPPORTUNITIES, RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE USE OF THE SERVICE BY CUSTOMER OR ANY OTHER USE OF THE ZETTALYNC EQUIPMENT OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM OR ARISING OUT OF CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE OR ZETTALYNC EQUIPMENT OR SOFTWARE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICE OR ZETTALYNC EQUIPMENT OR SOFTWARE; OR 11.1.2 ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE ZETTALYNC EQUIPMENT, SOFTWARE, OR SERVICE(S) OR ANY THIRD PARTY’S ACTIONS INFRINGE UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

General Limitations on Liability. 11.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE PROHIBITED BY LAW, NEITHER ZETTALYNCIG, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY OWNER OR MANAGER OF THE BUILDING OR LAND IN WHICH CUSTOMER’S PREMISES IS LOCATED SHALL HAVE ANY LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR: 11.1.1 ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF EARNINGS OR LOSS OF BUSINESS OPPORTUNITIES, RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE USE OF THE SERVICE BY CUSTOMER OR ANY OTHER USE OF THE ZETTALYNC IG EQUIPMENT OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM OR ARISING OUT OF CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE OR ZETTALYNC IG EQUIPMENT OR SOFTWARE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICE OR ZETTALYNC IG EQUIPMENT OR SOFTWARE; OR 11.1.2 ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE ZETTALYNC IG EQUIPMENT, SOFTWARE, OR SERVICE(S) OR ANY THIRD PARTY’S ACTIONS INFRINGE UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

General Limitations on Liability. 11.1 UNLESS (a) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN FOR AND/OR RESTRICTED BY LAW OR APPLICABLE REGULATION OR WHERE SUCH CLAIMS ARISE FROM PROPERTY MANAGER’S INTENTIONAL MISCONDUCT AND/OR GROSS NEGLIGENCE, OWNER ACKNOWLEDGES AND AGREES THAT NEITHER PROPERTY MANAGER, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, DIRECT OR INDIRECT INTEREST HOLDERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “PROPERTY MANAGER GROUP”) SHALL BE LIABLE FOR ANY LIABILITY, LOSS, COST, DAMAGE, EXPENSE, TAX, PREMIUM, ASSESSMENT, VIOLATION, SUIT, CLAIM OR DESTRUCTION OF ANY NATURE ARISING OUT OF THIS AGREEMENT AND/OR OTHERWISE PROHIBITED RELATING TO THE PROPERTY. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ZETTALYNC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY OWNER OR MANAGER NO MEMBER OF THE BUILDING OR LAND IN WHICH CUSTOMER’S PREMISES IS LOCATED PROPERTY MANAGER GROUP SHALL HAVE BE LIABLE FOR ANY LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR: 11.1.1 ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE EXPECTANCY, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCLUDING LOST PROFITS, LOSS OF EARNINGS OR DATA, LOSS OF BUSINESS OPPORTUNITIESGOODWILL, RESULTING DIRECTLY OR INDIRECTLY EMOTIONAL DISTRESS. (c) THE MAXIMUM AGGREGATE LIABILITY OF THE PROPERTY MANAGER GROUP ARISING OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THIS AGREEMENT SHALL NOT, IN ANY CIRCUMSTANCE OR FOR ANY REASON, EXCEED THE USE FEES ACTUALLY PAID BY OWNER TO PROPERTY MANAGER UNDER THIS AGREEMENT DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM LESS ANY AMOUNTS OWED BY OWNER TO PROPERTY MANAGER. (d) THE LIMITATIONS AND EXCLUSIONS OF LIABILITY CONTAINED IN THIS SECTION ARE MATERIAL TO THIS AGREEMENT AND A “BASIS OF THE SERVICE BY CUSTOMER BARGAIN” AND SHALL APPLY REGARDLESS OF (I) WHETHER THE DAMAGE OR LOSS WAS FORESEEABLE OR ANY OTHER USE MEMBER OF THE ZETTALYNC EQUIPMENT PROPERTY MANAGER WAS ARE OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM OR ARISING OUT OF CUSTOMER’S RELIANCE ON OR USE GIVEN NOTICE OF THE SERVICE POSSIBILITY OF SUCH DAMAGE OR ZETTALYNC EQUIPMENT LOSS; OR SOFTWARE(II) THE TYPE OF CAUSE OF ACTION OR OTHER THEORY OF THE CLAIM (WHETHER BASED ON TORT, CONTRACT, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICE OR ZETTALYNC EQUIPMENT OR SOFTWARE; OR 11.1.2 ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE ZETTALYNC EQUIPMENT, SOFTWARE, OR SERVICE(S) OR ANY THIRD PARTY’S ACTIONS INFRINGE UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTYOTHERWISE).

General Limitations on Liability. 11.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE PROHIBITED BY LAW, NEITHER ZETTALYNCSET, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY OWNER OR MANAGER OF THE BUILDING OR LAND IN WHICH CUSTOMER’S PREMISES IS LOCATED SHALL HAVE ANY LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR: 11.1.1 ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGESDAM- AGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF EARNINGS OR LOSS OF BUSINESS OPPORTUNITIES, RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE USE OF THE SERVICE BY CUSTOMER OR ANY OTHER USE OF THE ZETTALYNC SET EQUIPMENT OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE RESULTING RE- SULTING FROM OR ARISING OUT OF CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE OR ZETTALYNC SET EQUIPMENT OR SOFTWARE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICE OR ZETTALYNC SET EQUIPMENT OR SOFTWARE; OR 11.1.2 ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL LE- GAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION CON- NECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION CON- TENTION THAT THE USE OF THE ZETTALYNC SET EQUIPMENT, SOFTWARE, OR SERVICE(S) OR ANY THIRD PARTY’S ACTIONS INFRINGE UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL CONTRACTU- AL RIGHTS OF ANY THIRD PARTY.

General Limitations on Liability. 11.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE PROHIBITED BY LAW, NEITHER ZETTALYNCITC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY OWNER OR MANAGER OF THE BUILDING OR LAND IN WHICH CUSTOMER’S PREMISES IS LOCATED SHALL HAVE ANY LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR: 11.1.1 ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF EARNINGS OR LOSS OF BUSINESS OPPORTUNITIES, RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE USE OF THE SERVICE BY CUSTOMER OR ANY OTHER USE OF THE ZETTALYNC ITC EQUIPMENT OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM OR ARISING OUT OF CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE OR ZETTALYNC ITC EQUIPMENT OR SOFTWARE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICE OR ZETTALYNC ITC EQUIPMENT OR SOFTWARE; OR 11.1.2 ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE ZETTALYNC ITC EQUIPMENT, SOFTWARE, OR SERVICE(S) OR ANY THIRD PARTY’S ACTIONS INFRINGE UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.