Limitation of Aggregate Liability. Except as otherwise specifically provided under this Agreement, the liability of either party for any claim, demand or cause of action whether based on contract, tort (including negligence) or otherwise, or for any losses, damages, costs and expense (including but not limited to legal fees) (collectively, “Losses”) arising out of or resulting from this Agreement shall not exceed the Fees paid or payable by the Client to the Provider under this Agreement in the six (6) months preceding the Loss.
Limitation of Aggregate Liability. 12 ARTICLE VIII.
Limitation of Aggregate Liability. The total annual aggregate liability of Operator with respect to this Agreement under any theory of recovery, whether based in contract, in tort (including negligence and strict liability), under warranty, or otherwise, and notwithstanding any other provision of this Agreement, shall be limited in any Operating Year to the Operating Fee for such Operating Year.
Limitation of Aggregate Liability. The total annual aggregate liability of Fuel Manager with respect to this Agreement under any theory of recovery, whether based in contract, in tort (including negligence and strict liability), under warranty or otherwise, and notwithstanding any other provision of this Agreement, shall be limited in any Project Year to the Management Fee for such Project Year; provided, however, that this limitation on liability shall not apply to Fuel Manager's actions under Section 5.01(a) unless the Fuel Manager has acted in good faith and with a reasonable basis for believing that such actions were permitted by this Agreement and were within the scope of its authority.
Limitation of Aggregate Liability. Subject to clause 15.8, our total aggregate liability, to you (including in respect of our partners, employees and agents) arising out of or in connection with this Agreement and any of the Services provided to you under this Agreement) shall not exceed the amount of the Fees received by us from you pursuant to this Agreement at the time of such liability arising.
Limitation of Aggregate Liability. The aggregate --------------------------------- liability of the Guarantor under this Guaranty shall be limited to $6,608,653.24 (the "Maximum Liability Amount"). Notwithstanding the foregoing, provided that an Event of Default is not then in existence under the Lease, on each of July 17, 2001 and July 17, 2002, the Maximum Liability Amount under this Guaranty shall be reduced on a straight line basis, in two (2) equal installments. Notwithstanding anything to the contrary set forth in this Guaranty, the Maximum Liability Amount under this Guaranty (A) shall not be reduced by amounts recovered or collected by Landlord from Tenant or Guarantor, to the extent such amounts are reimbursement for (i) expenses incurred by Landlord in collecting or attempting to collect amounts due Landlord under the Lease or this Guaranty, including, but not limited to, attorneys' fees and costs, and (ii) late charges and interest due under the Lease, and (B) shall not decrease as set forth above if, as of the date of any schedule decrease, an Event of Default exists under the Lease, provided that upon the cure of any such Event of Default, at that time, the Maximum Liability Amount under this Guaranty shall be appropriately reduced as if such default had not occurred."
Limitation of Aggregate Liability. In no event will the aggregate liability of Forerunner in connection with this Agreement under any legal or equitable theory exceed the fees paid or payable by Customer to Forerunner in the twelve months preceding the action.
Limitation of Aggregate Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED UNDER THIS AGREEMENT, THE PROVIDER’S LIABILITY TO CUSTOMER FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, OR FOR ANY LOSSES, DAMAGES, COSTS AND EXPENSE (INCLUDING BUT NOT LIMITED TO LEGAL FEES) (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RESULTING FROM THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY THE CUSTOMER TO THE PROVIDER FOR THE TWELVE (12) MONTHS PRIOR TO NOTIFYING THE PROVIDER OF SUCH LOSSES.
