Liability and Remedy Sample Clauses

Liability and Remedy. 7.1 Limitation. IN NO EVENT WILL SERENA OR ITS THIRD PARTY VENDORS BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES OR LOSS, EVEN IF SERENA AND ITS THIRD PARTY VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR YOUR CLAIM, SERENA’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE THE AMOUNT YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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Liability and Remedy. 5.1 Limitation. IN NO EVENT WILL DISTRIBUTOR, XXXXXX, OR XXXXXX’S THIRD PARTY VENDORS BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES OR LOSS, EVEN IF DISTRIBUTOR, XXXXXX, OR XXXXXX’S THIRD PARTY VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR YOUR CLAIM, THE MAXIMUM LIABILITY OF DISTRIBUTOR, XXXXXX OR XXXXXX’S THIRD PARTY VENDORS UNDER THIS AGREEMENT WILL BE THE AMOUNT YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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Liability and Remedy. (a) Subject to Section 9.4(b), Manufacturer's sole and exclusive liability and customer's sole and exclusive remedy for any claim based on the foregoing warranties shall be, at Manufacturer's option, to repair or replace (with new or functionally equivalent and compatible parts) or if it is unable to repair or replace such Products, credit Customer's account for any Products found not to conform to such warranties during the warranty period. Alternatively, if Customer takes responsibility for processing end-user warranty repairs, Manufacturer shall provide assistance, replacement of Manufacturer Components, processing, and labor for replacement, at no charge, in order for Customer or its representative to respond to such warranty claims. Customer shall request return authorization from Manufacturer prior to release of the defective units. Defective units shall be delivered to Manufacturer freight prepaid and Manufacturer shall be responsible for return destination charges in the United States for verified warranty claims. Manufacturer shall process warranty claims and release repaired or replaced units within seven (7) working days after receipt, provided that consigned or inventory components or assemblies are available.
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Liability and Remedy. 39.1 The Client agrees to be liable for any damages and expenses that the Company may suffer due to or related to this Agreement or omission of the Client or its agent, as well as all the damages and expenses the Company may suffer from a claim or lawsuit against the Company related to this Agreement brought by a third party, which does not occur from the action or omission by intention or negligence of the Company or its employees.
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Liability and Remedy. 6.1 The parties shall be exempt from and shall not be liable under any circumstances for any indirect or consequential damages of any nature or any loss or profit or other special damages which the Retailer or MAHALA may suffer as a result of the implementation of this agreement, provided such damages are not the result of serious and deliberate misconduct and/or negligence on the part of the other party or its employees.
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Liability and Remedy 
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Related to Liability and Remedy

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

  • Breach; Remedies Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Defaults and Remedies Section 6.01.

  • Limitations on Liability The Custodian shall not be liable for any loss, claim, damage or other liability arising from the following causes:

  • Limitation on Remedies In addition to any other limitation on remedies or limitations of liability set forth in our Terms of Service or in applicable law or regulations, the Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure, including failure caused by the loss of power; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; (e) equipment or facility shortage; (f) equipment or facility relocation; (g) any act or omission by you or any person using your Service; (h) theft, fraud or abuse of Service; or (i) any other cause that is beyond the Company’s reasonable control. THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE OR FACILITIES, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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