Common use of Liability Limitation Clause in Contracts

Liability Limitation. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY FLUIDIGM LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, FLUIDIGM’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM IN THE PRIOR TWELVE (12) MONTHS. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. EXCEPT TO THE EXTENT REQUIRED CAUSED BY APPLICABLE LAWA PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FLUIDIGM EACH PARTY AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SPECIAL EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM A PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; . AS TO ANY FLUIDIGM AFFYMETRIX LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, FLUIDIGM’S AFFYMETRIX LIABILITY SHALL NOT EXCEED THE AMOUNT PAID CAP EXCEPT TO THE EXTENT CAUSED BY BUYER TO FLUIDIGM IN THE PRIOR TWELVE (12) MONTHSAFFYMETRIX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. BUYER PARTNER UNDERSTANDS AND HEREBY AGREES THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS FINANCIAL TERMS OF THIS AGREEMENT AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. EXCEPT TO THE EXTENT CAUSED BY AFFYMETRIX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES AFFYMETRIX SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM OR ITS REPRESENTATIVE AFFYMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY FLUIDIGM AFFYMETRIX LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, FLUIDIGMAFFYMETRIX’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM IN AFFYMETRIX DURING THE PRIOR TWELVE (12) MONTHSTERM OF THE AGREEMENT. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. INSTITUTION’S SOLE REMEDY, AND FHLBANK ATLANTA’S SOLE OBLIGATION, WITH RESPECT TO ANY BREACH OF THE AGREEMENT OR FAILURE OR ERROR OF THE SERVICES WILL BE THE RESTORATION OR CORRECTION OF SUCH SERVICE. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FHLBANK ATLANTA WILL NOT BE LIABLE TO INSTITUTION OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, ANY THEORIES OF BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY)) FOR ANY DIRECT (EXCEPT TO THE EXTENT REQUIRED SUCH DIRECT DAMAGES ARE CAUSED BY APPLICABLE LAWTHE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FHLBANK ATLANTA), FLUIDIGM AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR (A) COMPENSATORY, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, ANY COSTS TO PROCURE SUBSTITUTE SERVICES OR ANY LOST PROFITS, LOST BUSINESS, LOSS OF USE OR PROFITS, LOSS DATA OR INTERRUPTION OF REVENUE, GOODWILL, BUSINESS RELATING TO THE AGREEMENT OR BUSINESS THE SERVICES (OR OTHER FINANCIAL LOSS, (B) PROCUREMENT THE UNAVAILABILITY OF SUBSTITUTE GOODS ALL OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCEPART THEREOF), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM OR ITS REPRESENTATIVE HAS BEEN ADVISED FHLBANK ATLANTA KNEW OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY FLUIDIGM LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, FLUIDIGM’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM IN THE PRIOR TWELVE (12) MONTHS. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES 5.1 IN NO EVENT SHALL HAVE NO LIABILITY HERAEUS BE LIABLE FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIALSPECIAL, INCIDENTALPUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, OR SPECIAL USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER SUCH DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ARE CLAIMED IN AN ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT PRODUCT LIABILITY LIABLITY OR OTHERWISE, OTHERWISE EVEN IF FLUIDIGM OR ITS REPRESENTATIVE HAS BEEN HERAEUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO . HERAEUS’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALES AGREEMENT, INCLUDING WITHOUT LIMITATION UNDER THE INDEMNITY AND WARRANTY PROVISIONS, ON ACCOUNT OF ANY FLUIDIGM CLAIM OF ANY KIND, WHETHER IN CONTRACT, TORT, STICT LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOINGOR OTHERWISE, FLUIDIGM’S LIABILITY SHALL NOT IN NO EVENT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM IN PURCHASE PRICE OF THE PRIOR TWELVE (12) MONTHSSUBJECT GOODS. BUYER UNDERSTANDS THAT NOTWITHSTANDING ANY PROVISION HEREIN, THE RISKS PURCHASE PRICE OF LOSS HEREUNDER ARE REFLECTED IN THE SUBJECT GOODS DOES NOT INCLUDE THE PRICE OF PRECIOUS METAL CONTAINED IN THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISKSUBJECT GOODS.

Liability Limitation. EXCEPT TO IN NO EVENT WILL EITHER NISC OR THE EXTENT REQUIRED BY APPLICABLE LAW▇▇▇▇▇▇▇ BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, FLUIDIGM AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR (A) ANY LOSS INCLUDING BREACH OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISEOTHERWISE FOR ANY CONSEQUENTIAL, EVEN IF FLUIDIGM LOST PROFITS, INCIDENTAL, INDIRECT, EXEMPLARY, ENHANCED OR ITS REPRESENTATIVE HAS BEEN PUNITIVE DAMAGES, REGARDLESS OF WHETHER EXHIBITOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NISC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY FLUIDIGM LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOINGOTHER LEGAL OR EQUITABLE THEORY, FLUIDIGM’S LIABILITY SHALL NOT EXCEED THE AMOUNT FEES ACTUALLY PAID BY BUYER TO FLUIDIGM IN THE PRIOR TWELVE (12) MONTHS. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISKEXHIBITOR UNDER THIS AGREEMENT.

Liability Limitation. EXCEPT TO THE EXTENT CAUSED BY AFFYMETRIX' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES AFFYMETRIX SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM OR ITS REPRESENTATIVE AFFYMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY FLUIDIGM AFFYMETRIX LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, FLUIDIGM’S AFFYMETRIX' LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER SERVICE PROVIDER TO FLUIDIGM AFFYMETRIX IN THE PRIOR TWELVE (12) MONTHS. BUYER SERVICE PROVIDER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. EXCEPT TO THE EXTENT (i) CAUSED BY FLUIDIGM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (ii) REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OF USE OR USE, PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS BUSINESS, OR OTHER FINANCIAL LOSS, (B) PROCUREMENT COSTS OF SUBSTITUTE GOODS OR SERVICES, OR (C) ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY FLUIDIGM LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING. IN ADDITION, FLUIDIGM’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM IN THE PRIOR TWELVE (12) MONTHS. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. EXCEPT TO THE EXTENT CAUSED BY AFFYMETRIX’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES AFFYMETRIX SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLUIDIGM OR ITS REPRESENTATIVE AFFYMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY FLUIDIGM AFFYMETRIX LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, FLUIDIGM’S AFFYMETRIX’ LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM AFFYMETRIX IN THE PRIOR TWELVE (12) MONTHS. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.

Liability Limitation. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FLUIDIGM AND ITS REPRESENTATIVES 5.1 IN NO EVENT SHALL HAVE NO LIABILITY HERAEUS BE LIABLE FOR (A) ANY LOSS OF USE OR PROFITS, LOSS OF REVENUE, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, (B) PROCUREMENT OF SUBSTITUTE GOODS OR (C) ANY INDIRECT, CONSEQUENTIALSPECIAL, INCIDENTALPUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, OR SPECIAL USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER SUCH DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ARE CLAIMED IN AN ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT PRODUCT LIABILITY LIABLITY OR OTHERWISE, OTHERWISE EVEN IF FLUIDIGM OR ITS REPRESENTATIVE HAS BEEN HERAEUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO . ▇▇▇▇▇▇▇’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALES AGREEMENT, INCLUDING WITHOUT LIMITATION UNDER THE INDEMNITY AND WARRANTY PROVISIONS, ON ACCOUNT OF ANY FLUIDIGM CLAIM OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOINGOR OTHERWISE, FLUIDIGM’S LIABILITY SHALL NOT IN NO EVENT EXCEED THE AMOUNT PAID BY BUYER TO FLUIDIGM IN PURCHASE PRICE OF THE PRIOR TWELVE (12) MONTHSSUBJECT GOODS. BUYER UNDERSTANDS THAT NOTWITHSTANDING ANY PROVISION HEREIN, THE RISKS PURCHASE PRICE OF LOSS HEREUNDER ARE REFLECTED IN THE SUBJECT GOODS DOES NOT INCLUDE THE PRICE OF PRECIOUS METAL CONTAINED IN THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISKSUBJECT GOODS.