Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM A PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) NEITHER PARTY, NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, OR DAMAGES CALCULATED BASED UPON LOST PROFITS, LOSS IN VALUE OR MULTIPLE OF EARNINGS, AND ANY CLAIM OR CAUSE OF ACTION REQUESTING OR CLAIMING SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARRED, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF HD, ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED TWO MILLION DOLLARS ($2,000,000).

Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM A PARTYART OF CLICK’S FRAUDAGGREGATE LIABILITY UNDER THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY AND WHETHER SUCH ACTION IS IN CONTRACT, GROSS NEGLIGENCE TORT, OR WILLFUL MISCONDUCT, OTHERWISE) SHALL BE LIMITED TO THE LESSER OF (A) NEITHER THE TOTAL OF ALL FEES PAID AND PAYABLE BY ART OF CLICK TO CLIENT FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE AND (B) FIVE THOUSAND DOLLARS ($5,000.00). EXCEPT FOR WILLFUL MISCONDUCT BY A PARTY, NOR ITS AFFILIATESNEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, CONTRACTORSCONSEQUENTIAL, SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY PUNITIVESPECIAL, INCIDENTAL, CONSEQUENTIALOR PUNITIVE DAMAGES OF ANY KIND OR FOR ANY LIABILITY RESULTING FROM LOSS OF GOODWILL, SPECIAL OR INDIRECT DAMAGES, OR DAMAGES CALCULATED BASED UPON LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, IN VALUE ANY CASE ARISING OUT OF OR MULTIPLE OF EARNINGSRELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, AND ANY CLAIM OR CAUSE OF ACTION REQUESTING OR CLAIMING SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARREDHOWSOEVER CAUSED, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS NOTIFIED IN ADVANCE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF HD, ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES CLAIM. CLIENT SHALL NOT EXCEED TWO MILLION DOLLARS COMMENCE ANY ACTION, SUIT OR PROCEEDING AGAINST ART OF CLICK MORE THAN ONE ($2,000,000)1) YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.

Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING TO UNDER NO CIRCUMSTANCES WILL SUPPLIER OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING THE CONTRARY CONTAINED IN THIS AGREEMENTSERVICES, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT BE LIABLE FOR DAMAGES ARISING FROM A PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) NEITHER PARTY, NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY PUNITIVEINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGESCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS, OR DAMAGES CALCULATED BASED UPON LOST PROFITSTHAT RESULT FROM MISTAKES, LOSS OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN VALUE OPERATION OR MULTIPLE TRANSMISSION, FAILURE OF EARNINGSPERFORMANCE, AND ANY CLAIM THEFT, DESTRUCTION OR CAUSE OF ACTION REQUESTING UNAUTHORIZED ACCESS TO SUPPLIER’S RECORDS, PROGRAMS OR CLAIMING SERVICES, EVEN IF SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARRED, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS NOTIFIED IN ADVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE . IN NO EVENT SUPPLIER’S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF HD, ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY SERVICES PROVIDED HEREUNDER WILL EXCEED THE SERVICES SHALL NOT EXCEED TWO MILLION DOLLARS ($2,000,000TOTAL AMOUNT RECEIVED BY SUPPLIER DURING THE PRIOR 6 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC SERVICE GIVING RISE TO SUCH CLAIM(S).

Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWCONTRARY, EXCEPT FOR DAMAGES ARISING FROM BODILY INJURY OF A PARTY’S FRAUDPERSON, GROSS NEGLIGENCE RADAR AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, LICENSORS, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR WILLFUL MISCONDUCTLIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) NEITHER PARTYFOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, NOR ITS AFFILIATESSERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, CONTRACTORSPUNITIVE, SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY PUNITIVEEXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT CONSEQUENTIAL DAMAGES; OR (C) FOR ANY AMOUNTS THAT, OR DAMAGES CALCULATED BASED UPON LOST PROFITSIN THE AGGREGATE, LOSS EXCEED THE FEES PAID BY YOU TO RADAR FOR THE SERVICES UNDER THIS AGREEMENT IN VALUE OR MULTIPLE THE TWELVE (12) MONTHS PRIOR TO THE DATE OF EARNINGSTHE APPLICABLE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION REQUESTING OR CLAIMING SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARREDIN EACH CASE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS NOTIFIED IN ADVANCE RADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF HD, ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED TWO MILLION DOLLARS ($2,000,000).

Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTUNDER NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWINCLUDING NEGLIGENCE, EXCEPT WILL TAPJOY OR ITS AFFILIATES BE LIABLE FOR DAMAGES ARISING FROM A PARTY’S FRAUDANY SPECIAL, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) NEITHER PARTY, NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY PUNITIVEINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGESPUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES CALCULATED BASED UPON LOST PROFITSTHAT RESULT FROM THIS AGREEMENT, LOSS IN VALUE OR MULTIPLE OF EARNINGS, AND ANY CLAIM OR CAUSE OF ACTION REQUESTING OR CLAIMING SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARRED, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE EVEN IF TAPJOY OR A PARTY WAS NOTIFIED IN ADVANCE TAPJOY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) . EXCEPT IN THE AGGREGATE LIABILITY CASES OF HDBREACHES OF SECTION 12, IN NO EVENT WILL TAPJOY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO PUBLISHER FOR ALL DAMAGES, CONTRACTORSLOSSES, SUPPLIERS AND AGENTS IN CONNECTION WITH CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE SERVICES SHALL NOT EXCEED TWO MILLION DOLLARS (AMOUNTS PAID OR PAYABLE TO PUBLISHER FOR ADVERTISEMENTS ACTUALLY DISPLAYED BY PUBLISHER HEREUNDER AND TO WHICH THE CLAIM RELATES OR $2,000,000)5,000, WHICHEVER IS LOWER.