Limitation of Damages and Remedies Sample Clauses

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE EVEN IF THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF TO LICENSEE, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE WITH RESPECT TO THE SOFTWARE. DATASELF SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF WOULD NOT PERMIT LICENSEE TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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Limitation of Damages and Remedies. 3.8.1 IN NO EVENT SHALL CENSORNET OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OWING TO YOU, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY YOU WITH RESPECT TO THE SOFTWARE. NEITHER CENSORNET NOR ITS LICENSORS SHALL BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, FAILURE OF SECURITY MECHANISMS, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Limitation of Damages and Remedies. Notwithstanding any other provision of the Agreement, the Parties agree that the remedy available to the City for breach of this Agreement by the Foundation shall be an order of specific performance directing that the Foundation execute and deliver to the City a quit claim deed transferring the Foundation’s entire right, title and interest in and to the Property to the City. In addition to the remedy described in the preceding sentence, if the Property: 1) has suffered a casualty loss which is covered by a policy of insurance; or, 2) has suffered a condemnation such that the Foundation has received a condemnation award; or 3) is subject to a lien and the Foundation has not elected to assign its claim against the Foundation’s Lessee under paragraph 2.5, above or the attached or perfected lien does not result in a breach of contract claim against the Foundation’s Lessee, such remedy may include a provision requiring the Foundation to pay to the City any insurance proceeds received by the Foundation which have not been expended to safeguard or rehabilitate the Property; or a condemnation award received by the Foundation; or a requirement that the Foundation satisfy liens against the Property. In no event shall the Foundation be responsible to any party to this Agreement or any third party beneficiary of this Agreement for any monetary damages except as specifically provided for in this paragraph 7.
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Limitation of Damages and Remedies. By signing this Agreement, you expressly waive, and you agree that you shall not be entitled to recover, damages or losses of any kind, whether direct or consequential, based on the negligence of Solace. You further acknowledge and agree that emotional distress will not be one of the claimed items of damage for any breach of contract.
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Limitation of Damages and Remedies. In no event other than intellectual properties infringement, as defined above, shall the liability of OWEN xxxlude any special, indirect, incidental or consequential loss or damage, even if OWEN xxx been advised of the possibility of such potential loss or damage, including any liability for damages arising out of or resulting from the use, maintenance of performance of the SUPPLYLINE(R) SYSTEM. The foregoing disclaimer shall extend to any liability for loss or corruption of the SUPPLYLINE(R) SYSTEM by CLIENT. OWEN'X xxxbility of any kind (including liability for negligence) with respect to the SUPPLYLINE(R) SYSTEM and all other performance or non-performance by OWEN xx its agents shall be limited to the amount of maintenance and license fees paid by CLIENT to OWEN.
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Limitation of Damages and Remedies. 7.1 IN NO EVENT SHALL PCS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, USE OF THE EQUIPMENT OR FROM ANY OTHER CAUSE HOWSOEVER OCCURRING IN OR BASED UPON WARRANTY, CONTRACT OR TORT, INCLUDING NEGLIGENCE) FOR ANY BREACH OF PCS' OBLIGATIONS OR WARRANTIES OF ANY SORT, EXPRESS OR IMPLIED RESULTING FROM THIS AGREEMENT. Further, PCS shall have no liability for any claims for damages or expenses of any kind whatsoever founded upon negligence, strict liability or any other theory in tort. If the Equipment is determined to be defective, Customer’s sole, exclusive remedy shall be repair or replacement of the defective Equipment, at PCS’ option. No claim shall be brought against PCS more than two (2) years after the accrual of the cause of action.
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Related to Limitation of Damages and Remedies

  • Limitation of Damages NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE, PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT BE APPLICABLE WITH RESPECT TO THIRD PARTY CLAIMS MADE AGAINST A PARTY.

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

  • Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

  • Limitations on Damages Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.

  • Section 509 Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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