LIMITATION OF LIABILITY 7. ОГРАНИЧЕНИЕ ОТВЕТСТВЕННОСТИ
LIMITATION OF LIABILITY 7. 1 IN NO EVENT SHALL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR INCDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN if THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY 7. 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. 7.2 Each Party’s aggregate liability for any damage arising out of or in connection with this Agreement shall be limited to [***]value of the Tooling And Equipment for which the right to use is provided under this Agreement. 7.3 The limitations of liability set out in this Section 7 shall not apply in respect of; (a) claims related to death or bodily injury; (b) damage caused by wilful misconduct or gross negligence, (c) damage caused by a Party’s breach of the confidentiality undertakings in Section 9 below, or (d) damage arising out of an infringement, alleged infringement, of the other Party’s or any third party’s Intellectual Property. 8.
LIMITATION OF LIABILITY 7. 2.1 The total liability of Seller, on all claims of any kind which arise in any calendar year, except for the exceptions listed in (a) through (d) below, whether such claims are in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of the performance or breach of this Contract, the use of any Parts or the provision of any Services, shall not exceed the larger of (I) the aggregate amount due to Seller under this Contract in that calendar year or (ii) $3,500,000. The only exceptions to the above limit of liability are listed in the following paragraphs (a) through (d):
LIMITATION OF LIABILITY 7. Article 9 Release from Liability in the Event of Misuse of the Systems 7 Article 10 Duration of Contract 7 Article 11 Consequences of End of Agreement and Return 8 Article 12 Data Protection 8 Article 13 Final Provisions 8 System Specification: PXN access request for INDEPENDENT WORKSHOP 12 Preamble 0.1 Dr. Ing. x.x. X. PORSCHE AG (PORSCHE) is a leading manufacturer of sports cars. PORSCHE IMPORTER is the sole authorized importer and distributor of Porsche vehicles in the United States. The distribution and service of Porsche cars, in particular their maintenance and repair, is warranted by a network of authorized Porsche dealers and Porsche Centres. Additionally service and repair work may be done on Porsche vehicles by INDEPENDENT WORKSHOPS.
LIMITATION OF LIABILITY 7. ОГРАНИЧЕНИЕ ОТВЕТСТВЕННОСТИ
7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE FOR I) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR II) ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), LOSS OF BUSINESS, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, SALES, DATA, OR DATA USE (IN EACH CASE WHETHER DIRECT OR INDIRECT).
7.1 В МАКСИМАЛЬНОЙ СТЕПЕНИ, РАЗРЕШЕННОЙ ЗАКОНОМ, СТОРОНЫ И ИХ АФФИЛИРОВАННЫЕ ЛИЦА НЕ НЕСУТ ОТВЕТСТВЕННОСТИ I) ЗА КАКИЕ-ЛИБО КОСВЕННЫЕ, ОБУСЛОВЛЕННЫЕ ОСОБЫМИ ОБСТОЯТЕЛЬСТВАМИ, СПЕЦИАЛЬНЫЕ, СОПУТСТВУЮЩИЕ, ШТРАФНЫЕ ИЛИ СЛУЧАЙНЫЕ УБЫТКИ ИЛИ II) ЗА УПУЩЕННУЮ ВЫГОДУ ИЛИ ПРИБЫЛЬ (ЗА ИСКЛЮЧЕНИЕМ ПЛАТЕЖЕЙ ПО НАСТОЯЩЕМУ СОГЛАШЕНИЮ), УТРАТУ БИЗНЕСА, ДЕЛОВОЙ РЕПУТАЦИИ, ПРЕСТИЖА, ОЖИДАЕМОЙ ЭКОНОМИИ, ПРОДАЖ, ДАННЫХ ИЛИ ВОЗМОЖНОСТИ ИСПОЛЬЗОВАТЬ ДАННЫЕ (В КАЖДОМ СЛУЧАЕ ПРЯМУЮ ИЛИ КОСВЕННУЮ).
7.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT, TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, AND WHETHER OR NOT ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND/OR DAMAGES, EXCEED THE TOTAL AMOUNTS 7.2 В МАКСИМАЛЬНОЙ СТЕПЕНИ, РАЗРЕШЕННОЙ ЗАКОНОМ, НИ ПРИ КАКИХ ОБСТОЯТЕЛЬСТВАХ СОВОКУПНАЯ ОТВЕТСТВЕННОСТЬ ОРАКЛ И НАШИХ АФФИЛИРОВАННЫХ КОМПАНИЙ, ВОЗНИКАЮЩАЯ ИЗ ИЛИ В СВЯЗИ С НАСТОЯЩИМ СОГЛАШЕНИЕМ ИЛИ ВАШИМ ЗАКАЗОМ И СВЯЗАННАЯ С НАРУШЕНИЕМ ДОГОВОРА, ДЕЛИКТОМ (ВКЛЮЧАЯ ХАЛАТНОСТЬ ИЛИ НАРУШЕНИЕ УСТАНОВЛЕННОЙ ЗАКОНОМ ОБЯЗАННОСТИ), ВВЕДЕНИЕМ В ЗАБЛУЖДЕНИЕ (НЕВИНОВНЫМ ИЛИ ХАЛАТНЫМ) ИЛИ ПО ИНОМУ ОСНОВАНИЮ, И НЕЗАВИСИМО ОТ ТОГО, БЫЛА ЛИ ОРАКЛ УВЕДОМЛЕНА О ВОЗМОЖНОСТИ ТАКИХ УБЫТКОВ И/ИЛИ УЩЕРБА ИЛИ НЕТ, НЕ ПРЕВЫШАЕТ ОБЩЕЙ СУММЫ ПЛАТЕЖЕЙ, ФАКТИЧЕСКИ ACTUALLY PAID UNDER YOUR ORDER FOR THE ORACLE PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY UNDER SUCH ORDER. NEITHER PARTY SHALL EXCLUDE OR LIMIT ITS LIABILITY TO THE OTHER FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENT ACT OR OMISSION, CONTRACTUAL BREACH OR DEFAULT; OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN THIS AGREEMENT SHALL PREVENT OR PREJUDICE EITHER PARTY FROM RELYING UPON THEIR EQUITABLE REMEDIES INCLUDING INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE. УПЛАЧЕННОЙ ЗА УСЛУГИ ...
LIMITATION OF LIABILITY 7. 1 EMS' total liability to the End User/Customer arising out of or in connection with the End User/Customer's use of a product or the results of the service provided by EMS in connection with the product shall not exceed the total amount paid by the End User/Customer to EMS for the product. EMS shall not be liable in any event for any indirect or consequential loss, costs or damages or for any economic loss, including but not limited to loss of revenue or profit incurred by the End User/Customer as a result of or in connection with the product. These limitations apply regardless of how EMS' liability arises including but not limited to EMS' negligence or breach of contract even if a fundamental breach or breach of a fundamental term. 7.2 The End User/Customer acknowledges and agrees that EMS shall not be liable for the activation or continuation of Satellite Telephone Services. 7.3 The End User/Customer acknowledges and agrees that the airtime Service Provider is not responsible for the product and is not liable to the End User/Customer in any manner as a result of or arising from the End User/Customer's use of the product or the installation thereof. 7.4 If applicable, the End User/Customer further acknowledges and agrees that EMS shall not be liable for any unauthorized deviations to the Certification Package provided by EMS Technologies Canada, Ltd.. 7.5 This Product is designed to broadcast on a continuous basis, including times when vehicle power is shut down, unless differently configured by the End User/Customer. Neither this Product nor the vehicle on which it is mounted may enter blasting zones, nor be brought within 50 feet of electric blasting caps, except when completely powered down according to procedures established by End User/Customer. EMS disclaims any and all responsibility for, and End User/Customer assumes all risk and liability for, any damages caused by failure to comply with the foregoing restrictions. End User/Customer also assumes all responsibility for power configurations used for this Product and for any procedures established to power down the Product. End User/Customer agrees to mount appropriate stickers, as supplied or approved by EMS, on the Product and in vehicles on which it is mounted to inform drivers and other users of the restrictions that must be followed for this Product in the configuration used for the particular vehicle installation.
LIMITATION OF LIABILITY 7. 1 Except for liability under the indemnity set forth in Section 4.3, in no event shall any Party be responsible for any indirect damages including, but not limited to, damages resulting from lost profits, lost business revenue, lost opportunity or third party damages. These limitations on any Party's liability shall survive the termination of this Agreement irrespective of the manner or method in which it is terminated. 8. LEGAL RELATIONSHIP 8.1 In giving effect to this Agreement, no Party shall be or be deemed to be an agent or employee of any other for any purpose. Nothing in this Agreement shall constitute a partnership or a joint venture between or among any of the Parties. No Party shall have the right to enter into contracts or pledge the credit of or incur expenses or liabilities on behalf of any Party. 9. CONFIDENTIALITY 9.1 Each Party shall use reasonable efforts, no less than the protection given its own confidential information, to maintain in confidence all information of the any other Party disclosed by any other Party (each an "Owner") and identified as, or <PAGE> -7- acknowledged to be, confidential at the time of the disclosure as well as the terms and conditions hereof (collectively, the "Confidential Information"), and shall not use, disclose or grant the use of the Confidential Information except on a need-to-know basis to those directors, officers, Affiliates, employees, licensees, sublicensees, permitted assignees and agents, consultants, or representatives, to the extent such disclosure is reasonably necessary in connection with such Party's activities as expressly authorized by the Agreement. Each Party shall notify the other Parties promptly upon discovery of any unauthorized use or disclosure of any Party's Confidential Information. 9.2 The confidentiality obligations contained in Section 9.1 above shall not apply to the extent that (a) any receiving Party (the "Recipient") is required (i) to disclose information by law, order or regulation of a governmental agency or a court of competent jurisdiction, or (ii) to disclose information to any governmental agency for purposes of obtaining approval to test or market a product or service, provided in either case that the Recipient shall provide written notice thereof to the Owner and reasonable opportunity to object to any such disclosure or to request confidential treatment thereof; or (b) the Recipient can demonstrate that (i) the disclosed information was public knowledge at the time...
LIMITATION OF LIABILITY 7. 1 Merchantrade’s liablity to the User under this Term is strictly limited to the refund of the remittance amount transacted by the User through the Services (excluding charges, costs of expenses of whatsoever nature including bank charges the User may have incurred) which remains undelivered / unpaid to the Beneficiary, SUBJECT TO ALWAYS that such failure is not contributed by any act or ommission of the User. 7.2
LIMITATION OF LIABILITY 7. 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. 7.2 Unless otherwise stated in this Agreement, each Party’s aggregate liability for any direct damage arising out of or in connection with this Agreement shall be limited to [***]of the Purchase Price under this Agreement. 7.3 Notwithstanding the foregoing Sections 7.1 and 7.2, the limitations of liability set out in this Section 7 shall not apply in respect of; (a) claims related to death or bodily injury; (b) damage caused by wilful misconduct or gross negligence, (c) damage caused by a Party’s breach of the confidentiality undertakings in Section 8 below, or Agreement No.: GEE23-006 8(16) (d) damage related to material breach of any representation and undertaking provided under Section 6.2 other than Section 6.2 (f) iii). (e) any damage related to breach of Section 6.2 (f) iii). 8. CHANGES AND MODIFICATIONS 8.1 Throughout the whole Polestar 3 Lifetime, Polestar has the right to conduct changes to or modifications of the Transferred Assets. If Polestar elects to do so, Polestar shall inform Xxxxx of the contemplated changes or modifications by prior written notice which Geely may not refuse to accept unless there is a contractual or legal ground. Polestar shall be responsible for the change management process of such changes or modifications including but not limited to ordering relevant services and products, and Polestar shall bear any cost and expenses related to such changes and modifications. The ownership of Transferred Assets so changed or modified shall belong to Geely upon Transfer pursuant to Section 2 whilst any intellectual property rights arising from such changes or modification shall belong to Polestar. The change management process and responsibilities thereof shall be separately agreed upon by Polestar or its Affiliates and the Volvo Plant. 8.2 The changes and modifications of the Transferred Assets will be ordered by Polestar from Vendors with an estimated total value of[***], excluding VAT, which is a part of the total Purchase Price. Should the actual value of such changes and modifications exceed[***], the Parties shall engage in good faith discussions with how the exceeding amount should be dealt with, e.g, Polestar purchases back part of such changes and modifications corresponding to the exceeding amount if such part has been transferred to Geely pursuant to Section 2. S...
