Limitation and Disclaimer of Liability. (a) EXCEPT WITH RESPECT TO: (1) EITHER PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS, (2) DAMAGES ARISING FROM EITHER PARTY'S VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF THE OTHER PARTY OR (3) INDEMNIFICATION OBLIGATIONS UNDER SECTION 5.3.1 (EXCEPT FOR SECTION 5.3.1(ii)(II)) AND SECTION 5.3.2(A)HEREUNDER WITH RESPECT TO DAMAGES OR LOSSES, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT OR ANY PURCHASE ORDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation and Disclaimer of Liability. 5.1 NEITHER PARTY NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE, INDIRECT OR SPECIAL DAMAGES SUFFERED BY THE OTHER OR ANY OTHER PARTY (INCLUDING, WITHOUT LIMITATION, END USERS), NOR SHALL AT&T HAVE ANY LIABILITY FOR LOST PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF ANY DATA OR INFORMATION, OR TOLL FRAUD SUFFERED BY ASSOCIATION OR END USER, AS A RESULT OF THIS AGREEMENT OR EITHER PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT WHETHER IN TORT OR CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, INCLUDING WITHOUT LIMITATION NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO PERFORM, OF A DEFECT IN EQUIPMENT, REGARDLESS OF THE FORESEEABILITY THEREOF. ASSOCIATION EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH OR AS PART OF THE SERVICES. ASSOCIATION AGREES THAT ASSOCIATION WILL NOT IN ANY WAY HOLD AT&T RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES, EXCLUDING AT&T’S SUBCONTRACTORS, IN CONNECTION WITH AT&T SERVICES. IN ADDITION, AT&T SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO ASSOCIATION RESULTING FROM ANY CLAIMS BY END USERS RELATING TO ASSOCIATION’S ENTRY INTO THIS AGREEMENT WITH AT&T OR THE TERMS OF THIS AGREEMENT.
Limitation and Disclaimer of Liability. FedEx's entire liability related to this MSA will not exceed the amount of any actual direct damages incurred by Customer up to the amounts paid (or, if recurring charges, up to twelve (12) months' charges) for the Service that is the subject of the claim, regardless of the basis of the claim. Notwithstanding the foregoing, with respect to FedEx’s liability for a Claim under Section 10, FedEx entire liability arising from or relating to a Claim will be $100.00. IN NO EVENT WILL FEDEX BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, PROFITS, RECORDS, DATA, SAVINGS OR BUSINESS OPPORTUNITIES, OR CONTRIBUTION OR INDEMNITY IN RESPECT OF ANY CLAIM AGAINST THE PARTY), WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF FEDEX HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY FEDEX.
Limitation and Disclaimer of Liability a. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, COMPANY (NOR ITS AFFILIATES NOR THEIR SHAREHOLDERS, OR PERSONNEL) WILL BE LIABLE TO THE PROVIDER FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING IN CONNECTION WITH AN ORDER, THE CONTRACT OR THE PERFORMANCE, OMISSION OF PERFORMANCE, OR TERMINATION HEREOF WITHOUT REGARD TO THE NATURE OF THE CLAIM (E.G., BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF COMPANY SHALL BE LIMITED TO THE ASSETS OF COMPANY AND NOT TO ANY OF THE ASSETS OF ITS AFFILIATES, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS OR EMPLOYEES.
Limitation and Disclaimer of Liability. 12.1 Under no circumstances and under no laws whatsoever (whether in contract, tort, negligence or otherwise) will the Owner, its affiliates, the third party authorized service provider or their officers, directors, employees, agents, supplier or licensors be liable to the Client for any incidental, special, direct, indirect, consequential , punitive or exemplary damages (including but not limited to loss of profits, sales, business, revenues, customers, opportunities, goodwill, data or use), even if a party has been advised of the possibility of or could have foreseen such damages. Further, the Owner, the Owner’s affiliates or the third party authorized service provider or the licensors shall not be liable or responsible for any compensation, reimbursement or damages arising or in connection with (a) the Client’s inability to use or access the Services for any reasons whatsoever, (b) the Owner’s discontinuance , suspension or termination of the Services or any of the Services, (c) any unanticipated or unscheduled downtime of all or any portion of the Services for any reasons whatsoever, (d) the costs of procurement of any substituted device or services, (e) any investments, expenditures or commitments by the Client in connection with this Agreement or the use or access of the Services, (f) any unauthorized access to, alteration of, or deletion, destruction, damage, loss or failure to store any of the client’s content or data. The parties herein hereby agrees that the Owner’s, the Owner’s affiliates’, the third party authorized service provider and licensors’ aggregate liability whatsoever under this Agreement shall not exceed the amount the Client has actually paid the Owner for the Services that give rise to the claim before the liability arose during the Subscription Term thereof.
Limitation and Disclaimer of Liability. MacFarlane Energy’s liability is limited to the reasonable value of the service and parts offered by this contract. MacFarlane Energy’s sole liability in the event of a failure to perform will be the reasonable costs of the service and parts specified under this contract, not to exceed $1,000. MacFarlane Energy makes no warranties, expressed or implied, including but not limited to any warranty or merchantability or fitness for a particular purpose, except expressly set forth herein. No warranty is made as to the ability of the heating system to supply heat or hot water required by the customer, except as indicated above. MacFarlane Energy will not be responsible for any secondary or consequential loss or damages due to or resulting from the failure of any heating system part, vacant or unattended premises, changes in oil consumption, delays or failure to render service, or damages caused by acts of God, strikes, material or labor shortages, fire, flood, accidents, abuse or misuse of the equipment, or other conditions not within MacFarlane Energy’s control.
Limitation and Disclaimer of Liability. North Shore Fuel’s liability is limited to the reasonable value of the service and parts offered by this contract. North Shore Fuel’s sole liability in the event of a failure to perform will be the reasonable costs of the service and parts specified under this contract, not to exceed $1,000. North Shore Fuel makes no warranties, expressed or implied, including but not limited to any warranty or merchantability or fitness for a particular purpose, except expressly set forth herein. No warranty is made as to the ability of the heating system to supply heat or hot water required by the customer, except as indicated above. North Shore Fuel will not be responsible for any secondary or consequential loss or damages due to or resulting from the failure of any heating system part, vacant or unattended premises, changes in fuel consumption, delays or failure to render service, or damages caused by acts of God, strikes, material or labor shortages, fire, flood, accidents, abuse or misuse of the equipment, or other conditions not within North Shore Fuel’s control.
Limitation and Disclaimer of Liability. 8.1 you understand and agree that under no circumstances shall we be responsible for:
Limitation and Disclaimer of Liability. COR ADVANTAGE’S MAXIMUM AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY CLAIMS RELATED TO THE SERVICES AND THE AGREEMENT, REGARDLESS OF CAUSE OR ORIGIN OR LEGAL THEORY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER TO COR ADVANTAGE FOR THE PARTICULAR SERVICES OR PORTIONS OF THE SERVICES GIVING RISE TO THE CLAIM IN THE THEN-PRECEDING TWELVE (12) MONTHS PRIOR TO ASSERTION OF THE CLAIM. EXCEPT WITH RESPECT TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS, CUSTOMERS BREACH OF SECTION 2 AND 4, AND CUSTOMER’S PAYMENT OBLIGATIONS, NEITHER PARTY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE AGREEMENT, THE PLATFORM OR THE SERVICES.
Limitation and Disclaimer of Liability
