Common use of LIMITATION OF LIABILITY 12 Clause in Contracts

LIMITATION OF LIABILITY 12. 1 If Cytiva breaches any warranties set out in these Terms or a term or condition that is implied by law and which is not capable of being excluded, the parties agree that Cytiva's liability will be limited to, at Cytiva's discretion:(a) resupply of the relevant non-conforming Support services; (b) paying the cost of such resupply; or (c) refund to you the fees paid for the relevant non-conforming Support services. 12.2 To the extent permitted by law, you agree that: (a) the total liability of Cytiva and your exclusive remedy for any and all claims arising out of or related to the Agreement, and the provision of the Support by Cytiva, regardless of the form of the action, will be limited to 100% of the total fees paid by you to us under the Agreement; and (b) we will under no circumstances be liable to you for any loss of profit, loss of revenue, loss of data, loss of goodwill or business interruption or any indirect, consequential, or punitive damages. 13

LIMITATION OF LIABILITY 12. 1 If Cytiva breaches any warranties set out in these Terms or a term or termor condition that is implied by law and which is not capable of being excluded, the parties agree that Cytiva's liability will be limited to, at Cytiva's discretion:(adiscretion: (a) resupply of the relevant non-conforming Support services; (b) paying the cost of such resupply; or (c) refund to you the fees paid for the relevant non-conforming Support services. 12.2 To the extent permitted by law, you agree that: (a) the total liability of Cytiva and your exclusive remedy for any and all claims arising out of or related to the Agreement, and the provision of the Support by Cytiva, regardless of the form of the action, will be limited to 100% of the total fees paid by you to us under the Agreement; and (b) we will under no circumstances be liable to you for any loss of profit, loss of revenue, loss of data, loss of goodwill or business interruption or any indirect, consequential, or punitive damages. 13