IBM's liability. for actual damages for any cause whatsoever (other than as set forth in Section 20.1 .1), shall be limited to the greater of fifty thousand dollars ($50,000) or the applicable unit price for the specific units of Product that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation will apply, except as otherwise stated in this Section, regardless of the form of action, whether in contract or in tort, including negligence. This limitation will not apply to the payment of costs, damages and attorney's fees referred to in Section 18.0. This limitation will also not apply to claims by Buyer for bodily injury or damage to real property or tangible personal property caused by IBM's negligence.
Appears in 3 contracts
Samples: Agreement for Asic Design and Purchase of Products (Maker Communications Inc), Agreement for Asic Design and Purchase of Products (Maker Communications Inc), Agreement for Asic Design and Purchase of Products (Maker Communications Inc)
IBM's liability. for actual damages for any cause whatsoever (other than as set forth in Section 20.1 .120.1.1), shall be limited to the greater of fifty thousand dollars ($50,000) or the applicable unit price for the specific units of Product that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation will apply, except as otherwise stated in this Section, regardless of the form of action, whether in contract or in tort, including negligence. This limitation will not apply to the payment of costs, damages and attorney's fees referred to in Section 18.0. This limitation will also not apply to claims by Buyer for bodily injury or damage to real property or tangible personal property caused by IBM's negligence.. [***]
Appears in 2 contracts
Samples: Agreement for Asic Design and Purchase of Products (Juniper Networks Inc), Agreement for Asic Design and Purchase of Products (Juniper Networks Inc)
IBM's liability. for actual direct damages for any cause whatsoever (other than as set forth in Section 20.1 .1)whatsoever, shall be limited to the greater of fifty thousand dollars ($50,000) or the applicable unit price paid for the specific units of Product Units that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation will apply, except as otherwise stated in this Section, regardless of the form of action, whether in contract or in tort, including negligence. This limitation will not apply to the payment of costs, damages and attorney's fees referred to in Section 18.0. 12.0 entitled "Intellectual Property Rights Indemnity." This limitation will also not apply to claims by Buyer for bodily injury or damage to real property or tangible personal property caused by IBM's negligence.
Appears in 1 contract
Samples: Agreement for Fabrication and Purchase of Semiconductor Products (Western Digital Corp)
IBM's liability. for actual damages for any cause whatsoever (other than as set forth in Section 20.1 .120.1.1), shall be limited to the greater of fifty thousand dollars ________________ ($50,000__________) or the applicable unit price for the specific units of Product that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation will apply, except as otherwise stated in this Section, regardless of the form of action, whether in contract or in tort, including negligence. This limitation will not apply to the payment of costs, damages and attorney's fees referred to in Section 18.0. This limitation will also not apply to claims by Buyer for bodily injury or damage to real property or tangible personal property caused by IBM's negligence.
Appears in 1 contract
Samples: Agreement for Asic Design and Purchase of Products (Rainbow Technologies Inc)
