Limitation of Liability and Actions Sample Clauses

Limitation of Liability and Actions. In no event shall either party be liable to the other for any tort, consequential, incidental, punitive or special damages, except to the extent expressly provided in this Agreement, even if such party shall have been advised of the possibility of such potential loss or damage or if such loss or damages arise out of the termination of this Agreement. No action arising out of this Agreement, regardless of form, may be brought more than two years after the cause of action has arisen.
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Limitation of Liability and Actions. Neither Party assumes, by entering into this Agreement, any liability for any act or omission of the other Party or third parties in the furnishing of its services to its customers. Except for damages resulting from willful misconduct, the liability of each Party hereunder for damages arising out of, in connection with, or resulting from (a) a breach of this Agreement, or (b) mistakes, omissions, interruptions, or errors or defects occurring in the course of delivering traffic hereunder, shall in no event exceed the lesser of (y) a Party’s direct damages (if any), or (z) five hundred dollars ($500) per occurrence. This paragraph, however, does not limit a Party’s obligation to pay for services provided pursuant to the Agreement. This paragraph does not apply to liabilities governed by Section 8.8.
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Limitation of Liability and Actions. Neither Party assumes, by entering into this Agreement, any liability for any act or omission of the other Party or third parties in the furnishing of its services to its customers. Except for damages resulting from gross negligence or willful misconduct, the liability of each Party hereunder for damages arising out of, in connection with, or resulting from (a) a breach of this Agreement, or (b) mistakes, omissions, interruptions, or errors or defects occurring in the course of delivering traffic hereunder, shall in no event exceed the Party’s direct damages (if any).
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Limitation of Liability and Actions. FRA WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL (SUCH AS LOST PROFITS, LOST SALES, OR DAMAGES FOR LOSS OF USE), OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT PROVIDED UNDER THIS AGREEMENT (WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OTHER TORT, OR OTHER FORM OF ACTION) AND REGARDLESS OF WHETHER FRA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN ADDITION, IN NO EVENT WILL FRA’S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SUCH PRODUCT (WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OTHER TORT, OR OTHER FORM OF ACTION) EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER TO FRA. THE LIMITATIONS ON DAMAGES IN THIS ARTICLE ARE INDEPENDENT OF THE REMEDY OF REPAIR, REPLACEMENT, AND CREDIT IN ARTICLE 7 AND WILL APPLY REGARDLESS OF WHETHER THOSE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NO ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE COMMENCED AGAINST FRA MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
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Limitation of Liability and Actions. 9 Limitations on Agilent's Liability ..........................................9.1 Disclaimers .................................................................9.2
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Limitation of Liability and Actions a. Except for Convoy’s confidentiality obligations under Section V of this Agreement and Indemnification obligations under Section IX of this Agreement, in no event shall Convoy be liable under this Agreement to User Agency for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability, or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen.
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Related to Limitation of Liability and Actions

  • Disclaimer Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Indemnity and Limitation of Liability (I) The IPTV Operator shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the IPTV Operator, or actual or threatened breach of any terms of this Agreement by the IPTV Operator (including but not limited to breach of any representation and warranty provided by the IPTV Operator to ZEEL).

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