Common use of Liability Cap Clause in Contracts

Liability Cap. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, EACH PARTY AND ITS AFFILIATES’ ENTIRE LIABILITY TO THE OTHER PARTY OR ITS AFFILIATES (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID (OR WITH RESPECT TO CLAIMS FOR FEES DUE, PAYABLE) BY YOU TO MINITAB UNDER THIS AGREEMENT ATTRIBUTABLE TO THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Appears in 5 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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Liability Cap. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, EACH PARTY AND ITS SUBSIDIARIES OR AFFILIATES’ ENTIRE LIABILITY TO THE OTHER PARTY OR ITS SUBSIDIARIES OR AFFILIATES (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID (OR WITH RESPECT TO CLAIMS FOR FEES DUE, PAYABLE) BY YOU TO MINITAB UNDER THIS AGREEMENT ATTRIBUTABLE TO THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Liability Cap. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 7 6 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, EACH PARTY PARTY’S AND ITS AFFILIATES’ ENTIRE LIABILITY TO THE OTHER PARTY OR ITS AFFILIATES (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID (OR WITH RESPECT TO CLAIMS FOR FEES DUE, PAYABLE) BY YOU TO MINITAB UNDER THIS AGREEMENT ATTRIBUTABLE TO DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Liability Cap. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 7 6 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, EACH PARTY PARTY’S AND ITS SUBSIDIARIES AND AFFILIATES’ ENTIRE LIABILITY TO THE OTHER PARTY OR ITS SUBSIDIARIES AND AFFILIATES (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID (OR WITH RESPECT TO CLAIMS FOR LICENSE FEES DUE, PAYABLE) BY YOU TO MINITAB UNDER THIS AGREEMENT ATTRIBUTABLE TO DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Liability Cap. EXCEPT FOR A YOUR OBLIGATIONS UNDER SECTION 1.3 (GENERAL RESTRICTIONS) AND EACH PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, EACH PARTY AND ITS AFFILIATES’ ENTIRE LIABILITY TO THE OTHER PARTY OR ITS AFFILIATES (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID (OR WITH RESPECT TO CLAIMS FOR FEES DUE, PAYABLE) BY YOU TO MINITAB UNDER THIS AGREEMENT ATTRIBUTABLE TO THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Appears in 1 contract

Samples: Subscription Agreement

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