Limitation of Direct Damages. EXCEPT FOR A) A CLAIM OF IP INFRINGEMENT HEREUNDER, OR B) AS PROVIDED IN 7.(III) BELOW, THE AGGREGATE AND CUMULATIVE LIABILITY OF CONTRACTOR AND LICENSORS FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY ORDERING ACTIVITY UNDER THE ORDER GIVING RISE TO SUCH LIABILITY, AND IF SUCH DAMAGES RELATE TO PARTICULAR SOFTWARE, TRAINING, ELITE SERVICES OR MAINTENANCE SERVICES, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT SOFTWARE. TRAINING, ELITE SERVICES OR MAINTENANCE SERVICES GIVING RISE TO THE LIABILITY.
Limitation of Direct Damages. Except for Section 4.6, the liability of 724 for actual and direct damages, if any, whether based on negligence, breach of contract (whether or not a fundamental breach), warranty or other legal theory, will not exceed an amount equal to one hundred percent (100%) of all of the fees for the Licensed Technology paid by BMO.
Limitation of Direct Damages. In the event of any performance or non- performance under this Agreement which results in direct damages to Vital Images, Bio-Vascular's maximum, cumulative and sole liability to Vital Images for such direct damages will be limited by the total amount of fees paid by Vital Images to Bio-Vascular, as of the date of the performance or non-performance giving rise to the damage, with respect to the Service giving rise to such direct damages. Vital Images acknowledges that compensation up to such amount constitutes fair and reasonable compensation for any direct damages that may be suffered or incurred by Vital Images. Notice of any claim for direct damages must be made within two years of the date of termination of the Service giving rise to the claim, and must specify the amount of damages claimed and a description of the action and the service giving rise to the claim.
Limitation of Direct Damages. The aggregate and cumulative liability of Instana and its suppliers for damages hereunder shall in no event exceed the amount of fees paid by Client for the previous six (6) months under this Agreement.
Limitation of Direct Damages. Subject to Section 16(c), in respect of any claim, demand or action by Collaborator against Ehave or any of its employees, directors, officers, or agents whether based in contract, tort (including negligence), or otherwise, including a breach by Ehave of any of its obligations under this Agreement (whether or not a fundamental breach), the Collaborator’ sole and exclusive remedy shall be to receive from Ehave payment for actual and direct damages to a maximum aggregate amount equal to the amount paid by Collaborator to Ehave in the three (3) months preceding the date of the event.
Limitation of Direct Damages. 54 26.04 Exclusion.........................................................54 26.05 Remedies..........................................................55 ARTICLE 27 MISCELLANEOUS...............................................55 27.01 Assignment........................................................55 27.02 Notices...........................................................55 27.03 Counterparts......................................................56 27.04 Headings..........................................................56 27.05 Relationship......................................................56 27.06 Consents, Approvals and Requests..................................56 27.07 Severability......................................................57 27.08 Waiver............................................................57 27.09 Publicity.........................................................57 27.10
Limitation of Direct Damages. EXCEPT FOR A) A CLAIM OF IP INFRINGEMENT HEREUNDER, OR B) AS PROVIDED IN 7.(III) BELOW, THE AGGREGATE AND CUMULATIVE LIABILITY OF CONTRACTOR AND LICENSORS FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY ORDERING ACTIVITY UNDER THE ORDER GIVING RISE TO SUCH LIABILITY, AND IF SUCH DAMAGES RELATE TO PARTICULAR SOFTWARE, TRAINING, OR MAINTENANCE SERVICES, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT SOFTWARE. TRAINING, OR MAINTENANCE SERVICES GIVING RISE TO THE LIABILITY.
Limitation of Direct Damages. EXCEPT FOR DAMAGES FOR PERSONAL INJURY AND PROPERTY DAMAGE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF LEAN FROG TO HCS FOR DAMAGES UNDER THIS AGREEMENT, ANY ORDER FORM, AND ANY PROJECT PLAN EXCEED THE TOTAL AMOUNTS ACTUALLY PAID OR PAYABLE BY HCS UNDER THIS AGREEMENT. IF SUCH DAMAGES RELATE TO PARTICULAR SERVICES, LEAN FROG’S LIABILITY WILL BE LIMITED TO THE FEES ACTUALLY PAID OR PAYABLE BY HCS FOR THE PARTICULAR SERVICES.
Limitation of Direct Damages. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR A BREACH OF SECTIONS 7.3.4 OR 13.3, IN NO EVENT WILL IMMIX’S LIABILITY TO MANUFACTURER EXCEED THE “NET MARGIN” EARNED BY IMMIX FROM ITS SALE TO GOVERNMENT CUSTOMERS AND AUTHORIZED RESELLERS OF MANUFACTURER’S PRODUCTS, SUPPORT AND PRODUCT SERVICES IN CONNECTION WITH THIS AGREEMENT AND IN NO EVENT WILL MANUFACTURER’S LIABILITY TO IMMIX EXCEED THE AMOUNT RECEIVED BY MANUFACTURER FROM IMMIX IN ACCORDANCE WITH THIS AGREEMENT (“PAID AMOUNT”). As used in this Section 10.2, “Net Margin” shall mean the aggregate amount calculated by subtracting the Paid Amount from the revenue received by immix from its sale to Government Customers and Authorized Resellers of Manufacturer’s Products, Support and Product Services in connection with this Agreement.
Limitation of Direct Damages. Except for Beeond’s liability for IP Claims (Section 4.1), its obligations to indemnify Customer under Section 4.4, or for any breach of its Nondisclosure obligations (Section 6.1), the aggregate and cumulative liability of Beeond and its suppliers for damages hereunder shall in no event exceed the amount of fees paid by Customer under this Agreement, and if such damages relate to particular Program(s) or Services, such liability shall be limited to fees paid for the relevant Program(s) or Services giving rise to the liability. Except for its obligations to indemnify Beeond under Section 4.4, or any breach of its obligations to comply with the License Grant (Section 2.1), the License Restrictions (Section 2.2), and its Nondisclosure obligations (Section 6.1), Customer’s aggregate and cumulative liability for damages hereunder shall in no event exceed the amount of fees paid by Customer under this Agreement.
