Liability for Direct Damages Sample Clauses

Liability for Direct Damages. Each Participant shall be liable for any direct damages caused to any other Participant as a result of the first Participant’s uncured material breach of the Shared Data Platform Rules or its obligations under this Agreement (which in the case of Alibaba, shall include its obligations to operate the Shared Data Platform in compliance with reasonable requirements established by the Data Platform Management Committee consistent with prevailing industry standards in the PRC (with respect to services provided by Alibaba in the PRC) or prevailing industry standards of any other jurisdiction (with respect to services provided by Alibaba in such other jurisdiction) to the extent applicable from time to time with respect to availability of data (uptime), minimum access response times, and other service commitments applicable to the Shared Data Platform) or its Data Platform Participation Agreement (as applicable). In all cases, direct damages shall include the amounts of direct damages established as a result of legal claims successfully litigated (or otherwise successfully resolved) by third parties against a Participant and regulatory fines imposed against a Participant, in each case as a result of another Participant’s conduct.
Sample 1Sample 2
AutoNDA by SimpleDocs
Liability for Direct Damages. THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES TO THE OTHER ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY ORDER OR ANY PINDROP PROPERTY, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, SHALL NOT: (i) FOR PINDROP EXCEED TWO TIMES THE FEES PAID TO PINDROP DURING THE PRECEDING 12 MONTHS FOR THE PRODUCT, WORK PRODUCT OR SERVICE UNDER THE ORDER GIVING RISE TO SUCH LIABILITY; AND (ii) FOR COMPANY EXCEED TWO TIMES THE FEES PAID OR PAYABLE TO PINDROP DURING THE PRECEDING 12 MONTHS, WHICHEVER AMOUNT IS GREATER, FOR THE PRODUCT, WORK PRODUCT OR SERVICE UNDER THE ORDER GIVING RISE TO SUCH LIABILITY.
Sample 1
Liability for Direct Damages. Notwithstanding the provisions of this Article 14 and
Sample 1
Liability for Direct Damages. HYPERTEC’S AND THE HYPERTEC PROVIDERS’ TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY OR LOSSES (COLLECTIVELY, “DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES UNDER THIS AGREEMENT, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF HYPERTEC OR A HYPERTEC PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY CHARGES (LESS ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER FOR THE SPECIFIC SERVICE(S) THAT GAVE RISE TO THE DAMAGES DURING THE THREE MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID FOR PREVIOUS CLAIMS FOR SUCH SERVICE, IF ANY.
Sample 1
Liability for Direct Damages. THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES TO THE OTHER ARISING FROM OR RELATED TO THIS XXXX OR ANY NEXT CALLER PROPERTY, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU DURING THE PRECEDING 12 MONTHS, WHICHEVER AMOUNT IS GREATER, FOR THE PRODUCT, WORK PRODUCT OR SERVICES UNDER THE ORDER GIVING RISE TO SUCH LIABILITY.
Sample 1

Related to Liability for Direct Damages

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Xxxxxxxx Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if Xxxxxxxx Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!