Common use of Liability Cap Clause in Contracts

Liability Cap. 7.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECA, any DIECA customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECA, any DIECA customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA and claims for damages by BellSouth resulting from the failure of DIECA to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 11.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECAMCIm, any DIECA MCIm customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECAMCIm, any DIECA MCIm customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liabilityliability when such claims result from the 1) gross negligence or willful misconduct (including intentional torts) of BellSouth; or 2) BellSouth’s refusal to comply with the terms of this Agreement, provided that BellSouth’s actions or inactions based upon a reasonable and good-faith interpretation of the terms of this Agreement shall not be deemed a refusal to comply. In addition, nothing in this Section shall be interpreted to limit the remedies, if any, provided for in Attachment 10 of this Agreement. 7.1.2 11.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA MCIm pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s MCIm's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA and claims for damages by BellSouth resulting from the failure of DIECA to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liabilityliability when such claims result from the 1) gross negligence or willful misconduct (including intentional torts) of MCIm; or 2) MCIm’s refusal to comply with the terms of this Agreement, provided that MCIm’s actions or inactions, based upon a reasonable and good-faith interpretation of the terms of this Agreement, shall not be deemed a refusal to comply. In addition, nothing in this Section shall be interpreted to limit the remedies, if any, provided for in Attachment 10 of this Agreement.

Liability Cap. 7.1.1 (1) With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECACarrier, any DIECA Carrier customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this SectionArticle XVIII, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement Agreement, for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECACarrier, any DIECA and Carrier customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA Carrier resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 (2) With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA Carrier pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this SectionArticle XVIII, DIECA’s Carrier's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA Carrier and claims for damages by BellSouth resulting from the failure of DIECA Carrier to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 12.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECABroadwing, any DIECA customer Broadwing end user or by any other person or entity, for damages associated with any of the services Services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECABroadwing, any DIECA customer Broadwing end user or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA Broadwing resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 12.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA Broadwing pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s Broadwing's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA Broadwing and claims for damages by BellSouth resulting from the failure of DIECA Broadwing to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 11.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECAMCIm, any DIECA MCIm customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECAMCIm, any DIECA MCIm customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA MCIm resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 11.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA MCIm pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECAMCIm’s liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA MCIm and claims for damages by BellSouth resulting from the failure of DIECA MCIm to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 (1) With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECACarrier, any DIECA Carrier customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the -the provisions of the remainder of this SectionArticle XIV, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement Agreement, for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECACarrier, any DIECA Carrier customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA Carrier resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 (2) With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA Carrier pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this SectionArticle XIV, DIECA’s Carriers liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA Carrier and claims for damages by BellSouth resulting from the failure of DIECA Carrier to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 12.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECAQwest, any DIECA customer Qwest end user or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECAQwest, any DIECA customer Qwest end user or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA Qwest resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 12.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA Qwest pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s Qwest's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA Qwest and claims for damages by BellSouth resulting from the failure of DIECA Qwest to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 1. With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECACarrier, any DIECA Carrier customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this SectionArticle, BellSouth’s liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECACarrier, any DIECA Carrier customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA Carrier resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 2. With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA Carrier pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this SectionArticle, DIECACarrier’s liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA Carrier and claims for damages by BellSouth resulting from the failure of DIECA Carrier to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 11.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECAWNS, any DIECA WNS customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECAWNS, any DIECA WNS customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA WNS resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 11.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA WNS pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s WNS's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA WNS and claims for damages by BellSouth resulting from the failure of DIECA WNS to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECA, any DIECA customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s BellSouths’ liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECA, any DIECA customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s DIECAs’ liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA and claims for damages by BellSouth resulting from the failure of DIECA to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.

Liability Cap. 7.1.1 11.1.1 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by DIECAMCIm, any DIECA MCIm customer or by any other person or entity, for damages associated with any of the services provided by BellSouth pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, BellSouth’s 's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by DIECAMCIm, any DIECA MCIm customer or any other person or entity resulting from the gross negligence or willful misconduct of BellSouth and claims for damages by DIECA MCIm resulting from the failure of BellSouth to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability. 7.1.2 11.1.2 With respect to any claim or suit, whether based in contract, tort or any other theory of legal liability, by BellSouth, any BellSouth customer or by any other person or entity, for damages associated with any of the services provided by DIECA MCIm pursuant to or in connection with this Agreement, including but not limited to the installation, provision, preemption, termination, maintenance, repair or restoration of service, and subject to the provisions of the remainder of this Section, DIECA’s MCIm's liability shall be limited to an amount equal to the proportionate charge for the service provided pursuant to this Agreement for the period during which the service was affected. Notwithstanding the foregoing, claims for damages by BellSouth, any BellSouth customer or any other person or entity resulting from the gross negligence or willful misconduct of DIECA MCIm and claims for damages by BellSouth resulting from the failure of DIECA MCIm to honor in one or more material respects any one or more of the material provisions of this Agreement shall not be subject to such limitation of liability.