LIMITATION OF LIABILITY 14. The Article and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
LIMITATION OF LIABILITY 14. 1. Nothing in this agreement shall exclude or limit Xxxxx’x liability for death or personal injury resulting from its negligence or of its officers, representatives, agents, affiliates, employees or any other liability which may not be limited or excluded under applicable law. In no event shall Eaton nor any of its officers or other representatives be liable for any loss or damages arising out of or in connection with your use, inability to use or reliance on any facilities, services, products and/or content offered through or from the product software, including, but not limited to, direct loss, loss of data, work stoppage, service interruption, computer failure, system failure, device damage or malfunction, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever, even if Xxxxx has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
LIMITATION OF LIABILITY 14. 1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under any this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
LIMITATION OF LIABILITY 14. 1 Neither Party shall be responsible for any indirect, incidental or consequential damage or any losses of production or profit caused by it under this Agreement.
LIMITATION OF LIABILITY 14. 1 The extent of the parties' liability under or in connection with this Agreement (whether or not such liability results from to-do, contract or otherwise, or through negligence or misrepresentation) is defined in this paragraph. 14.2 The parties agree that this 14.14.3 is 14.6. and £14.3.2 in total for all claims. 14.4 14.6. 14.5 14.6. 14.5.2 loss or damage to data; 14.5.3. loss of use; 14.5.4. 14.5.5 loss of contract;
LIMITATION OF LIABILITY 14. 13.0 INDEMNITY 14 14.0 NO THIRD-PARTY BENEFICIARIES 15 15.0 AMENDMENTS 15 16.0 RATIFICATION 15 16.0 ENTIRE AGREEMENT 15 APPENDIX A – STATEMENT OF WORK APPENDIX B – CONTRACTOR DISCREPANCY REPORT APPENDIX C – STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) THIS AGREEMENT is made and entered into by and between the City of Los Angeles, California, a municipal corporation (hereinafter referred to as the “City”), acting by and through the Los Angeles Fire Department (hereinafter referred to as the “LAFD” or the “Department”), and Gartner, Inc. a Delaware Corporation, (hereinafter referred to as the “Contractor”).
LIMITATION OF LIABILITY 14. 1 EXCEPT FOR A PARTY’S OBLIGATIONS TO INDEMNIFY THE OTHER AGAINST THIRD PARTY CLAIMS AND A PARTY’S OBLIGATIONS UNDER SECTION 10 AND SECTION 15.12, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 14.2 EXCEPT FOR A PARTY’S OBLIGATION TO INDEMNIFY THE OTHER AGAINST THIRD PARTY CLAIMS, A PARTY’S PAYMENT OBLIGATIONS TO THE OTHER PARTY UNDER THIS AGREEMENT (INCLUDING ARTICLES IV AND V AND SCHEDULE F), AND A PARTY’S OBLIGATIONS UNDER SECTION 10 AND SECTION 15.12, IN NO EVENT SHALL A PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO THE GREATER OF (I) THE AMOUNT OF THE TOTAL AGGREGATE DISTRIBUTION FEES PAID OR PAYABLE BY KRISPY KREME DURING THE [***] PERIOD IMMEDIATELY PRECEDING THE DATE OF THE OCCURRENCE OF THE MOST RECENT EVENT GIVING RISE TO LIABILITY (PROVIDED THAT IF LESS THAN [***] OF THE TERM HAS PASSED, THEN THE AMOUNT SHALL BE [***] TIMES THE MONTHLY AVERAGE FOR SUCH PERIOD) OR (II) THE PROCEEDS OF THE AVAILABLE INSURANCE COVERAGE REQUIRED UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIMIT ON A PARTY’S LIABILITY UNDER THIS SECTION 14.2 SHALL NOT APPLY TO, NOR LIMIT, ANY PARTY FROM SEEKING ANY EQUITABLE REMEDIES.
LIMITATION OF LIABILITY 14. 1 To the maximum extent permitted by law and subject to the provisions on the Act:
(a) My Weekend Plan shall not be liable for any damages of any kind arising from your use of My Weekend Plan Property and Services, including without limitation direct, indirect, incidental, punitive and consequential damages unless otherwise specified in writing. In no event shall My Weekend Plan be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever whether or not such losses were reasonably foreseeable or My Weekend Plan had been advised of the possibility of you incurring the same; and
(b) In any event, My Weekend Plan’s maximum and cumulative total liability (including any liability for acts and omissions of its employees, representatives, personnel, agents and/or sub- contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses however arising under this Agreement shall not exceed fifty Ringgit Malaysia (RM 50).
LIMITATION OF LIABILITY 14. Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents, or in respect of fraud or of any statements made fraudulently by either party; 14.
LIMITATION OF LIABILITY 14. Married Members Whose Spouses Do Not Sign This Agreement 14 New Members 15 Section 5.4 Transfer of a Member's embership Interest 15
