Common use of Limitation of Liabilities and Remedies Clause in Contracts

Limitation of Liabilities and Remedies. IN NO EVENT SHALL THE COMPANY’S OR ANY RELEASEE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY PARTICIPANT FOR THE PROGRAM IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE INCIDENT OR CLAIM(S). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. IN NO EVENT SHALL THE COMPANY OR ANY RELEASEE HAVE ANY LIABILITY TO RELEASORS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT RELEASORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Limitation of Liabilities and Remedies. IN EXCEPT AS EXPRESSLY PROVIDED BELOW, UNDER NO EVENT SHALL THE COMPANY’S OR ANY RELEASEE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY PARTICIPANT FOR THE PROGRAM IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE INCIDENT OR CLAIM(S). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. IN NO EVENT SHALL THE COMPANY OR ANY RELEASEE CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY TO RELEASORS FOR THE OTHER PARTY FOR, AND EACH PARTY HEREBY EXPRESSLY WAIVES, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER SPECIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED (INCLUDINGOF ANY DESCRIPTION, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT RELEASORS HAVE BEEN EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS, AND RELIANCE DAMAGES. EXCEPT AS EXPRESSLY PROVIDED BELOW, XXXXX AGREES THAT UNDER NO CIRCUMSTANCES WILL ENDOCARTS’S LIABILITY RELATING TO ITS SALE OF PRODUCTS TO BUYER FOR ANY CAUSE EXCEED THE FOREGOING DISCLAIMER SHALL NOT APPLY PURCHASE PRICE PAID BY BUYER FOR THE PARTICULAR PRODUCTS INVOLVED. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE EXTENT PROHIBITED CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE ENDOCARTS’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY APPLICABLE LAW. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purposeITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) BREACH OF SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; OR (IV) ANY OTHER MATTER IN RESPECT OF WHICH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Limitation of Liabilities and Remedies. IN EXCEPT AS EXPRESSLY PROVIDED BELOW, UNDER NO EVENT SHALL THE COMPANY’S OR ANY RELEASEE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY PARTICIPANT FOR THE PROGRAM IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE INCIDENT OR CLAIM(S). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. IN NO EVENT SHALL THE COMPANY OR ANY RELEASEE CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY TO RELEASORS FOR THE OTHER PARTY FOR, AND EACH PARTY HEREBY EXPRESSLY WAIVES, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER SPECIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED (INCLUDINGOF ANY DESCRIPTION, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT RELEASORS HAVE BEEN EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS, AND RELIANCE DAMAGES. EXCEPT AS EXPRESSLY PROVIDED BELOW, BUYER AGREES THAT UNDER NO CIRCUMSTANCES WILL ENDOCARTS’S LIABILITY RELATING TO ITS SALE OF PRODUCTS TO BUYER FOR ANY CAUSE EXCEED THE FOREGOING DISCLAIMER SHALL NOT APPLY PURCHASE PRICE PAID BY BUYER FOR THE PARTICULAR PRODUCTS INVOLVED. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE EXTENT PROHIBITED CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE ENDOCARTS’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY APPLICABLE LAW. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purposeITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) BREACH OF SECTION 12 OF THE SALE OF GOODS XXX 0000 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000; OR (IV) ANY OTHER MATTER IN RESPECT OF WHICH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Limitation of Liabilities and Remedies. IN THE MATERIALS AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND. PEARSON MAKES NO EVENT SHALL THE COMPANY’S WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY RELEASEE’S AGGREGATE AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. PEARSON DISCLAIMS AND CUSTOMER WAIVES ALL LIABILITY ARISING OUT FROM THE ACCESS, USE AND PRINTING OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY THE MATERIALS AND PROVISION OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY PARTICIPANT FOR MATERIALS AND THE PROGRAM IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE INCIDENT OR CLAIM(S). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGESSUBSCRIPTION SERVICES. IN NO EVENT SHALL THE COMPANY LIABILITY OF PEARSON TO CUSTOMER OR ANY RELEASEE HAVE ANY LIABILITY TO RELEASORS THIRD PARTY FOR DAMAGES FOR ANY INDIRECT, SPECIALCAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO PEARSON DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT XXXX XXXXXXX BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, COVER SPECIAL OR PUNITIVE DAMAGES HOWEVER CAUSED (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, FOR LOSS ARISING OUT OF PRIVACY, FOR FAILURE THE USE OR INABILITY TO MEET USE ANY DUTY INCLUDING OF GOOD FAITH MATERIALS OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT RELEASORS HAVE THE SUBSCRIPTION SERVICE EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY CUSTOMER AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE EXTENT PROHIBITED MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY APPLICABLE LAW. The foregoing limitationsANY FAILURE OF PERFORMANCE, exclusionsERROR OF OMISSION, and disclaimers shall apply to the maximum extent permitted by applicable lawINTERRUPTION, even if any remedy fails its essential purposeDELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.