Limitation of Buyer’s Liability. IN NO EVENT WILL BUYER BE LIABLE FOR ANTICIPATED OR LOST PROFITS OR FOR SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. XXXXX'S TOTAL LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM THIS ORDER OR FROM THE PERFORMANCE OR BREACH THEREOF WILL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE GOODS OR SERVICES OR UNIT THEREOF WHICH GIVES RISE TO THE CLAIM. BUYER EXPLICITLY REJECTS, AND WILL NOT BE LIABLE FOR, ANY CANCELLATION CHARGES, LATE FEES, PENALTIES, OR LIQUIDATED DAMAGES.
Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST GLF, AND GLF SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT GLF’S EXPRESS WRITTEN CONSENT, EVEN THOUGH GLF HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD GLF HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. GLF SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. XXXXXX INDEMNIFIES GLF FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST GLF ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.
Limitation of Buyer’s Liability. IN NO EVENT, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, THE CLAIMS ASSERTED, OR THE PERSON ASSERTING SUCH CLAIMS, SHALL BUYER’S LIABILITY IN THE AGGREGATE FOR ALL SUCH MATTERS, EXCEED THE PRICE PAID BY BUYER UNDER THE ORDER, AND SELLER WAIVES ANY CLAIM TO ANY OTHER DAMAGES OR REMEDIES UNDER ANY CAUSE OF ACTION. XXXXXX AGREES THAT BUYER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, COST OF CAPITAL, FINES, PENALTIES AND THE LIKE, ENVIRONMENTAL LIABILITY AND DAMAGE, INJURY OR LOSS TO OTHER PROPERTY OR EQUIPMENT OR FOR PERSONAL INJURIES TO SELLER’S EMPLOYEES OR THIRD PARTIES. CLAIMS MUST BE MADE TO BUYER WITHIN A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF THE OCCURRENCE OF THE EVENT GIVING RISE TO THE DAMAGE, OR THE CLAIM IS FORFEITED.
Limitation of Buyer’s Liability. Subject to the obligation of Seller to pay or allow Liquidated Damages to Buyer under this Agreement, neither Seller nor Buyer shall be liable to the other by way of indemnity or by reason of any breach of this Agreement or of statutory duty or by reason of tort (including negligence but excluding any damages payable to a third party caused by a trespass or nuisance for which Seller is responsible pursuant to this Agreement) for any loss of profit or income, loss of use, loss of production, loss of contracts or for any indirect or consequential, multiple, punitive or exemplary damages that may be suffered by the other.
Limitation of Buyer’s Liability. (i) Notwithstanding anything to the contrary contained in this Agreement, after the Closing, the aggregate liability of the Buyer for any Claim, individually or in the aggregate with all other Claims covered by this Agreement, for which indemnification is required by a Buyer pursuant to Section 8.4.4, shall be limited to the full amount of the adjusted Cash Consideration. Seller agrees to hold Buyer harmless for any Claims greater than such amount.
(ii) The Seller is entitled to indemnification pursuant to this Agreement only to the extent that the amount of any Claim, individually or in the aggregate with all other Claims covered by this Agreement, exceeds Ten Thousand Dollars ($10,000) and is not a Seller's Retained Obligation.
Limitation of Buyer’s Liability. Buyer’s liability for any loss or damage in any way connected with, arising out of or resulting from this Contract shall not exceed the price allocable to the particular goods or services upon which such liability is based, regardless of whether such liability arises in contract, tort (including, but not limited to, negligence or strict liability) or otherwise. IN NO EVENT SHALL BUYER BE LIABLE TO SELLER FOR LOSS OF PROFITS OR REVENUE OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
Limitation of Buyer’s Liability. Any liability of Buyer for any breach of any term or condition imposed upon it, whether such term or condition is contained in this Order or otherwise, will not exceed the purchase price for the Goods directly involved in the alleged breach. Buyer will not under any circumstances be liable for consequential or incidental damages.
Limitation of Buyer’s Liability. In no event shall Videojet be liable for anticipated profits, lost revenues or incidental or consequential damages hereunder. For blanket or open Purchase Orders, Videojet shall not be liable for more than three months’ of raw materials, work-in- process, or finished goods, based on rolling forecasts.
Limitation of Buyer’s Liability. Notwithstanding anything contained in this Article 13 or this Agreement to the contrary, the indemnification obligations of the Buyer to Seller shall not, in the aggregate, exceed the Cap. The Cap shall not apply to any damages or losses resulting from any breach of this Agreement arising from any of the Buyer Fundamental Items and is not applicable to the payment by the Buyer of the Merger Consideration.
Limitation of Buyer’s Liability. STATUTE OF LIMITATIONS: IN NO EVENT SHALL BUYER BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUYER’S liability on any claim of any kind for any loss or damage arising out of, connected with resulting from the Purchase Order or the contract based thereon, or from the performance or break thereof, shall in no case exceed the price allocable to the goods or services or unit thereof which give rise to the claim. BUYER shall not be liable for penalties of any description. Any action resulting from any breach on the part of BUYER as to the goods or services delivered hereunder must be commenced within one (1) year after the cause of action has accrued.
