Limitation of Liability and Disclaimer of Damages. IN NO EVENT WILL THE STATE’S AGGREGATE LIABILITY TO CONTRACTOR UNDER THIS CONTRACT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT, EXCEED THE MAXIMUM AMOUNT OF FEES PAYABLE UNDER THIS CONTRACT. The State is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action.
Limitation of Liability and Disclaimer of Damages. 5.1 EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 5.1, EVT’S LIABILITY TO COMPANY AND ITS OFFICERS, AGENTS, CUSTOMERS AND EMPLOYEES FOR ANY CLAIM ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN, REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, RESCISSION AND BREACH OF WARRANTY) WILL NOT EXCEED THE LESSER OF (A) THE AGGREGATE FEES ACTUALLY PAID TO EVT UNDER THE STATEMENT OF WORK UNDER WHICH SUCH BREACH OR DAMAGE OCCURRED DURING THE ONE YEAR PERIOD, OR (B) THE ACTUAL DAMAGES SUSTAINED BY COMPANY.
5.2 NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Disclaimer of Damages. SAVE FOR ANY INDEMNIFICATIONS SET OUT IN THIS SOW, FOR ALL OTHER EVENTS AND CIRCUMSTANCES, RED HAT AND ITS AFFILIATES’ AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS SOW AND ALL STATEMENTS OF WORK, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT TO EXCEED THE AMOUNT THAT CLIENT PAID TO RED HAT UNDER THE MOST APPLICABLE STATEMENT OF WORK GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SOW OR ANOTHER STATEMENT OF WORK, IN NO EVENT WILL RED HAT OR ITS AFFILIATES BE LIABLE TO THE CLIENT OR ITS AFFILIATES FOR: ANY CLAIM BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF RED HAT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Disclaimer of Damages. There may be situations in which, as a result of material breach or other liability, Customer is entitled to make a claim for damages against Univa. In each situation (regardless of the form of the legal action (e.g. contract or tort claims)), Univa is not responsible beyond:
(a) the amount of any direct damages up to the amount paid by Customer to Univa in the prior 12 months under this agreement; and
(b) damages for bodily injury (including death), and physical damage to tangible property, to the extent caused by the gross negligence or willful misconduct of Univa employees while at Customer's facility. Other than for breach of the Confidentiality section by a party, the infringement indemnity, violation of Univa's intellectual property rights by Customer, or for breach of Section 2 by Customer, in no circumstances is either party responsible for any (even if it knows of the possibility of such damage or loss):
(a) loss of (including any loss of use), or damage to: data, information or hardware;
(b) lost profits, business, or goodwill; or
(c) other special, consequential, or indirect damages
Limitation of Liability and Disclaimer of Damages. 8. Limitation de responsabilité, et renonciation à des dommages intérêts
Limitation of Liability and Disclaimer of Damages. 8.1 To the maximum extent permitted by applicable law, Chronos shall not be liable to you or any third party in any manner whatsoever for personal injury, direct or indirect loss, special or any consequential damages including but not limited to damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to your use of the Chronos eStockCard Software, howsoever caused and whether such damages arise in contract, equity, tort, negligence, inaction or otherwise.
8.2 Subject to Clause 8.3, you warrant that you have not relied on any representation made by Chronos which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Chronos.
8.3 You acknowledge that to the extent Chronos has made any representation which is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.
8.4 You shall at all times indemnify and hold harmless Chronos and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
(a) a breach by you of your obligations under this Agreement; or
(b) any willful, unlawful or negligent act or omission on your part.
Limitation of Liability and Disclaimer of Damages. 9. LIMITATION DE RESPONSABILITE ET DOMMAGES EXCLUS
Limitation of Liability and Disclaimer of Damages. 9. 責任の制限および損害の否認
Limitation of Liability and Disclaimer of Damages a. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF CAPITAL, INTANGIBLES, LOSS OF PROFITS, LOSS OF BUSINESS, REPLACEMENT POWER, LOSS OF OPPORTUNITY, DOWNTIME, AND ANY OTHER SIMILAR DAMAGES WHETHER ARISING IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) STATUTORY OR OTHERWISE, UNDER ANY OBLIGATION HEREUNDER (INCLUDING BREACH OF WARRANTY AND INDEMNITY), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE.
b. In no event will Company’s liability, or the liability of any of it subcontractors on any tier, with respect to any Order between the parties, for any damages, costs or expenses arising out of the performance or breach hereunder, or use of the products, exceed the amount paid under the Order for which such liability has arisen, whether in warranty, indemnity, contract, tort (including strict liability and negligence), statutory or otherwise. All recovery and remedies hereunder shall be cumulative in nature. Any causes of actions and claims must be brought within one (1) year from the date of the occurrence giving rise to the cause of action or claim. Such cause of action must arise within the applicable warranty period regarding the products and/or services giving rise to such liability, otherwise, Company is not liable.
c. Company’s liability hereunder for loss or damage to property of Buyer is limited to the extent that Buyer does not maintain insurance for the same.
Limitation of Liability and Disclaimer of Damages
