Common use of Limitation of Liability and Damages Cap Clause in Contracts

Limitation of Liability and Damages Cap. HHC SHALL HAVE NO LIABILITY TO INSTRUCTOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OF ANY KIND OR TYPE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, HOWSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE THEREOF, EVEN IF A PARTY WAS ADVISED, SHOULD HAVE KNOWN OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, OR EXPENSE, INCLUDING THOSE ARISING FROM PROPERTY DAMAGE OR LIABILITY TO OR PERSONAL INJURY TO OR DEATH OF, ANY PERSON. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF HHC AND ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS, AND ANY OF THEM, TO INSTRUCTOR AND ANYONE CLAIMING BY OR THROUGH INSTRUCTOR, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS' FEES AND COSTS AND EXPERT-WITNESS FEES AND EXPENSES, AND COSTS OF ANY NATURE WHATSOEVER, CLAIMS, OR EXPENSES, RESULTING FROM OR IN ANY WAY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE TOTAL FEES PAID BY INSTRUCTOR TO HHC UNDER THIS AGREEMENT DURING THE INITIAL TERM OR THE RENEWAL TERM DURING WHICH SUCH CLAIMS, EXPENSES OR CAUSES ACCRUED.

Limitation of Liability and Damages Cap. HHC SHALL HAVE NO LIABILITY TO PROSPECTIVE INSTRUCTOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OF ANY KIND OR TYPE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, HOWSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE THEREOF, EVEN IF A PARTY WAS ADVISED, SHOULD HAVE KNOWN OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, OR EXPENSE, INCLUDING THOSE ARISING FROM PROPERTY DAMAGE OR LIABILITY TO OR PERSONAL INJURY TO OR DEATH OF, ANY PERSON. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF HHC AND ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS, AND ANY OF THEM, TO PROSPECTIVE INSTRUCTOR AND ANYONE CLAIMING BY OR THROUGH PROSPECTIVE INSTRUCTOR, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS' FEES AND COSTS AND EXPERT-WITNESS FEES AND EXPENSES, AND COSTS OF ANY NATURE WHATSOEVER, CLAIMS, OR EXPENSES, RESULTING FROM OR IN ANY WAY ARISING OUT OF OR RELATED TO THE PROGRAM TRAINING COURSE OR THIS AGREEMENT FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE TOTAL FEES TRAINING FEE PAID BY PROSPECTIVE INSTRUCTOR TO HHC UNDER THIS AGREEMENT DURING THE INITIAL TERM OR THE RENEWAL TERM DURING WHICH SUCH CLAIMS, EXPENSES OR CAUSES ACCRUEDAGREEMENT.