LIMITATION OF CONTRACTOR’S LIABILITY. Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
LIMITATION OF CONTRACTOR’S LIABILITY for (i) direct damages; (ii) bodily injury, death or damage to tangible property or (iii) amounts that are less than the insurance coverage the Contractor provides.
LIMITATION OF CONTRACTOR’S LIABILITY. In accordance with Tenn. Code Xxx. § 12-3-701, the Contractor's liability for all claims arising under this Contract shall be limited to an amount equal to two (2) times the Maximum Liability amount and as may be amended. Except as set forth below, in no event will the Contractor be liable to the State or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, money, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (including but not limited to negligence), or any other legal theory that may arise under this Contract or otherwise. PROVIDED THAT in no event shall this Section limit the liability of the Contractor for:
(i) intellectual property or any Contractor indemnity obligations for infringement for third-party intellectual property rights; (ii) any claims covered by any specific provision in the Contract providing for liquidated damages; or (iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death.
LIMITATION OF CONTRACTOR’S LIABILITY. In accordance with Tenn. Code Xxx. § 12-3-701, the Contractor’s liability for all claims arising under this Contract shall be limited to an amount equal to two (2) times the Maximum Liability amount detailed in Section C.1. and as may be amended, PROVIDED THAT in no event shall this Section limit the liability of the Contractor for: (i) intellectual property or any Contractor indemnity obligations for infringement for third-party intellectual property rights; (ii) any claims covered by any specific provision in the Contract providing for liquidated damages; or (iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death. For clarity, except as otherwise expressly set forth in this Section, Contractor’s indemnification obligations and other remedies available under this Contract are subject to the limitations on liability set forth in this Section.
LIMITATION OF CONTRACTOR’S LIABILITY. In accordance with Tenn. Code Xxx. § 12-3-701, the Contractor’s liability for all claims arising under this Contract shall be limited to an amount equal to two (2) times the Maximum Liability amount detailed in Section C.1. and as may be amended, PROVIDED THAT in no event shall this Section limit the liability of the Contractor for: (i) intellectual property or any Contractor indemnity obligations for infringement for third-party intellectual property rights; (ii) any claims covered by any specific provision in the Contract providing for liquidated damages; or (iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death.
LIMITATION OF CONTRACTOR’S LIABILITY. Except as specified in any separate writing between the CONTRACTOR and a MEMBER, CONTRACTOR’S total liability under this contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify ETCOG is limited to the price of the particular products/services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special, or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to MEMBER any amounts determined by ETCOG, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this contract. To the extent CONTRACTOR indemnifies MEMBERS for claims arising from products being sold to MEMBERS, CONTRACTOR’S indemnification obligations shall be limited to claims made within 48 hours of delivery for shortages and defects. Special orders, food products, dated items such as calendars and cleaning or toiletry items cannot be returned under the terms of this contract. All returns must be preapproved by the CONTRACTOR. CONTRACTOR will pass through to MEMBERS, to the extent permissible under applicable law, all indemnities CONTRACTOR receives from its suppliers with respect to such products. In no event shall either party be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation damages for lost data, or lost profits, even if that party has been advised as to the possibility of such damages.
LIMITATION OF CONTRACTOR’S LIABILITY. Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR’s total liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify PSA described in Article 12, is limited to the price of the particular products/services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by PSA, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Contract.
LIMITATION OF CONTRACTOR’S LIABILITY. Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to DocuSign Envelope ID: 1E7FF4CA-52D9-471F-9F3D-FB9CB7E919E1 END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
LIMITATION OF CONTRACTOR’S LIABILITY. The contractor’s liability under the Framework Agreement is not limited.
LIMITATION OF CONTRACTOR’S LIABILITY. In accordance with Tenn. Code Xxx. § 12-3-701, and excluding Contractor Incidental Damages (defined below) the Contractor’s and its Fulfillment Partner’s liability to any Participating State for all claims arising under this Participating Addendum shall be limited to an amount equal to two (2) times the Estimated Liability amount detailed in Special Terms and Conditions number 10, Page 15 and as may be amended. This limitation of liability is cumulative and not per incident. PROVIDED THAT in accordance with Tenn. Code Xxx. § 12-3-701(b), in no event shall this Section limit the liability of the Contractor for:
(i) intellectual property or any Contractor indemnity obligations for infringement for third-party intellectual property rights;
(ii) any claims covered by any specific provision in the Participating Addendum providing for liquidated damages; or
(iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death resulting directly from the negligence of Contractor. Contractor will not be liable for any special, incidental, indirect or consequential damages; loss of any of the following: profits, revenue, business, anticipated savings, use of any product or service, opportunity, goodwill or reputation or lost or damaged data (“Contractor Incidental Damages”).
