Common use of Liability, Remedies Clause in Contracts

Liability, Remedies. 7.1 PJR shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR under the terms of the Agreement. 7.2 In the event PJR materially fails to perform any services as required by the Agreement or otherwise breaches its obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any such failure is to allow PJR, in PJR’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in question. 7.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJR’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by law. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.

Liability, Remedies. 7.1 PJR 7.1. PJRFSI shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR PJRFSI under the terms of the Agreement. 7.2 7.2. In the event PJR PJRFSI materially fails to perform any services as required by the Agreement or otherwise breaches its obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any such failure is to allow PJRPJRFSI, in PJRPJRFSI’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in questionOrganization. 7.3 7.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR PJRFSI SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJRPJRFSI’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by law. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.

Liability, Remedies. 7.1 PJR shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR under the terms of the Agreement. 7.2 In the event PJR materially fails to perform any services as required by the Agreement or otherwise breaches its obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any such failure is to allow PJR, in PJR’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in question. 7.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJR’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by law. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.

Liability, Remedies. 7.1 PJR 7.1. PJRFSI shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR PJRFSI under the terms of the Agreement. 7.2 7.2. In the event PJR PJRFSI materially fails to perform any services as required by the Agreement or otherwise breaches its obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any such failure is to allow PJRPJRFSI, in PJRPJRFSI’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in questionOrganization. 7.3 7.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR PJRFSI SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJRPJRFSI’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by law. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability. Form # Issued: 08/13 Revised: 8/3/2020 Rev. 2.6 7.4. NO THIRD PARTY BENEFICIARIES: It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the contracting parties and that no benefits, rights, duties or obligations are intended nor conferred by this Agreement as to third parties not a signatory hereto. 7.5. The Organization and PJRFSI shall maintain at all times insurance, including workers’ compensation insurance, sufficient to cover all liability that may result from activities conducted under or in connection with the Agreement. PJRFSI may require proof of such insurance either before undertaking its responsibilities under the Agreement, or at any time thereafter. 7.6. PJRFSI’s remedies stated herein are cumulative and are not exclusive of any other remedies available at law or equity.

Liability, Remedies. 7.1 PJR Licensee acknowledges and agrees that Licensor shall have no liability to Licensee under this Agreement, including but not limited to, any liability arising from the inaccuracy or incompleteness of the Information. In no event shall Licensor be liable for any loss incidental or damage sustained by any person due to any act of omission consequential damages, including but not limited to, lost business, lost profits or error during the performance of services by PJR under the terms third party claims, whether foreseeable or not, even if Licensor has been advised of the Agreement. 7.2 In the event PJR materially fails to perform any services as required by the Agreement or otherwise breaches its obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any possibility of such failure is to allow PJR, in PJR’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in question. 7.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJR’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by lawdamages. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALIDneither party will be liable for any loss, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMSdamage, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSEor expense that directly or indirectly arises from or in connection with the inability of any of Licensee’s products and services and the Information to work with each other. Licensor’s aggregate and cumulative liability for damages hereunder for all claims and causes of action shall in no event exceed an amount equal to the amount of fees paid by Licensee to Licensor under this Agreement. The limitations contained in this Section apply regardless parties acknowledge and agree that a breach by Licensee of the form provisions of actionParagraph 3 above will cause Licensor and/or its respective affiliates irreparable injury and damage which may not be compensable by money damages, including actions and, therefore, Licensee agrees that Licensor or its respective affiliates shall be entitled to injunctive or other relief to prevent such a breach and to secure enforcement of Paragraph 3 in contractaddition to any other remedies which may be available. Without limiting the availability to Licensor of any other rights or remedies, tort (including negligence)if Licensee breaches any of the terms of Paragraph 3 above, Licensor reserves the right to immediately terminate this Agreement upon notice to Licensee and strict liabilityClient. ANY INFORMATION PROVIDED TO CONTRACTOR IN CONNECTION WITH THIS AGREEMENT IS PROVIDED TO CONTRACTOR "AS-IS", AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CONTRACTOR IN CONNECTION WITH SUCH INFORMATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Liability, Remedies. 7.1 PJR 7.1. PJRFSI shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR PJRFSI under the terms of the Agreement. 7.2 7.2. In the event PJR PJRFSI materially fails to perform any services as required by the Agreement or otherwise breaches its Form # Issued: 08/13 Revised: 3/22/2021 Rev. 3.0 obligations under this Agreement, the Organization’s sole and exclusive remedy in connection with any such failure is to allow PJRPJRFSI, in PJRPJRFSI’s sole and absolute discretion, to: (i) within a reasonable period of time, remedy the deficiencies identified by the Organization or (ii) refund to the Organization the amount actually received by PJR for the deficient services in questionOrganization. 7.3 7.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR OTHERWISE, PJR PJRFSI SHALL NOT HAVE ANY LIABILITY TO THE ORGANIZATION OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, PERSONAL INJURY OR WRONGFUL DEATH, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING OR EXPANDING THE PROVISIONS OF ANY OF THE SECTIONS OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL PJRPJRFSI’S LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY THE ORGANIZATION FOR THE SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. Form # Issued: 11/94 Revised: 08/04/2020 Rev. 5.3 The parties acknowledge and agree that the provisions of these Terms and Conditions that limit liability, liability or exclude consequential damages or other damages or remedies are essential terms of and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of these Terms and Conditions and shall be enforced to the fullest extent permitted by law. Without limiting the generality of the foregoing, THE ORGANIZATION AGREES THAT ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.