Common use of LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES Clause in Contracts

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES. YOU, THE CUSTOMER ACKNOWLEDGES THAT NEITHER S.T.A. NOR ANY THIRD PARTY DESIGNATED BY S.T.A.WHICH PROVIDES SERVICE TO YOU IS AN INSURER, THAT INSURANCE, IF ANY, WILL BE OBTAINED BY YOU AND THAT THE AMOUNTS PAYABLE TO S.T.A. UNDER THIS AGREEMENT ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN YOUR PREMISES. THE PARTIES AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES THAT MAY PROXIMATELY RESULT FROM THE FAILURE ON THE PART OF S.T.A. TO PERFORM ANY OF OUR OBLIGATIONS AND CUSTOMER AGREES THAT THEY DO NOT DESIRE THAT THIS AGREEMENT PROVIDE FOR THE FULL LIABILITY OF S.T.A. OR ANY SUCH THIRD PARTY AND FURTHER AGREE THAT S.T.A. AND ANY SUCH THIRD PARTY WILL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; AND THAT IF S.T.A. OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY WILL BE LIMITED TO A SUM EQUAL TO 15% OF THE ANNUAL SERVICE CHARGE OR $250, WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY AND THAT THE PROVISIONS OF THIS PARAGRAPH WILL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF S.T.A. AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES AND NO SUIT OR ACTION WILL BE BROUGHT AGAINST S.T.A. MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFOR.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES. YOU, THE CUSTOMER ACKNOWLEDGES THAT NEITHER S.T.A. NOR ANY THIRD PARTY DESIGNATED BY S.T.A.WHICH PROVIDES SERVICE TO YOU IS AN INSURER, THAT INSURANCE, IF ANY, WILL EXCEPT AS MAY BE OBTAINED BY YOU AND THAT THE AMOUNTS PAYABLE TO S.T.A. UNDER THIS AGREEMENT ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN EXPRESSLY SET FORTH AND ARE UNRELATED IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY, ITS AGENTS OR EMPLOYEES (FOR PURPOSES OF THIS SECTION 8, SUCH PERSONS SHALL COLLECTIVELY BE REFERRED TO AS A PARTY) BE LIABLE TO THE VALUE OF YOUR PROPERTY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR THE PROPERTY OF OTHERS LOCATED CONSEQUENTIAL DAMAGES RELATED TO OR IN YOUR PREMISES. THE PARTIES AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES THAT MAY PROXIMATELY RESULT FROM THE FAILURE ON THE PART OF S.T.A. TO PERFORM CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY OF OUR OBLIGATIONS AND CUSTOMER AGREES THAT THEY DO NOT DESIRE THAT THIS AGREEMENT PROVIDE FOR THE FULL LIABILITY OF S.T.A. OR ANY SUCH THIRD PARTY AND FURTHER AGREE THAT S.T.A. AND ANY SUCH THIRD PARTY WILL BE EXEMPT FROM LIABILITY FOR INJURY, LOSS OR DAMAGE DUE DIRECTLY TO ANY PROPERTY, ANY LOSS OF PROFITS OR INDIRECTLY TO OCCURRENCESBUSINESS OPPORTUNITY, LOSS OF REVENUE, REGARDLESS OF THE REASON OR CAUSE OF SUCH DAMAGES, WHETHER ANY OF SUCH DAMAGES OCCUR DURING OR AFTER THE TERM, OR CONSEQUENCES THEREFROMTHAT THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, WHICH TORT OR OTHER THEORY OF ANY NATURE WHATSOEVER. TO THE SERVICE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS DESIGNED TO DETECT OR AVERT; INCONVENIENT AND THAT IF S.T.A. OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO THE LIQUIDATED DAMAGES CONSTITUTE A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY WILL BE LIMITED TO A SUM EQUAL TO 15% REASONABLE APPROXIMATION OF THE ANNUAL SERVICE CHARGE HARM OR $250, WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY AND THAT THE PROVISIONS OF THIS PARAGRAPH WILL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF S.T.A. AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES AND NO SUIT OR ACTION WILL BE BROUGHT AGAINST S.T.A. MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFORLOSS.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES. YOUCLIENT ACCEPTS ALL OF SPC’S TECHNOLOGY (“SPC SYSTEM”) "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CUSTOMER ACKNOWLEDGES THAT NEITHER S.T.A. NOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY THIRD PARTY DESIGNATED IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL SPC BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. SPC SHALL NOT BE LIABLE TO CLIENT BY S.T.A.WHICH PROVIDES REASON OF DELAYS OR IINTERRUPTIONS OF SERVICE TO YOU IS AN INSUREROR TRANSMISSIONS, THAT INSURANCE, IF ANY, WILL BE OBTAINED BY YOU AND THAT THE AMOUNTS PAYABLE TO S.T.A. UNDER THIS AGREEMENT ARE BASED UPON THE VALUE OR FAILURES OF PERFORMANCE OF THE SERVICES SPC SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR SPC INTENTIONAL ACTS. CLIENT RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE SPC SYSTEM INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY SPC FOR PURPOSES OF SERVICING THE SPC SYSTEM. IN NO EVENT SHALL SPC’S LIABILITY. REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CLIENT. EXCEED THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED AGGREGATE COMMISSIONS PAID BY CLIENT TO SPC OVER THE 3 MONTHS PRIOR TO THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN YOUR PREMISES. THE PARTIES AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT EVENT GIVING RISE TO FIX THE ACTUAL DAMAGES THAT MAY PROXIMATELY RESULT FROM THE FAILURE ON THE PART OF S.T.A. TO PERFORM ANY OF OUR OBLIGATIONS AND CUSTOMER AGREES THAT THEY DO NOT DESIRE THAT THIS AGREEMENT PROVIDE FOR THE FULL LIABILITY OF S.T.A. OR ANY SUCH THIRD PARTY AND FURTHER AGREE THAT S.T.A. AND ANY SUCH THIRD PARTY WILL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; AND THAT IF S.T.A. OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY WILL BE LIMITED TO A SUM EQUAL TO 15% OF THE ANNUAL SERVICE CHARGE OR $250, WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY AND THAT THE PROVISIONS OF THIS PARAGRAPH WILL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF S.T.A. AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES AND NO SUIT OR ACTION WILL BE BROUGHT AGAINST S.T.A. MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFORCLIENT'S CLAIM.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES. YOUIN NO EVENT SHALL RINGGENIUS OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY PARTY FOR ANY DAMAGES RESULTING FROM LOSS OF BUSINESS OR PROFITS (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA), OR THE CUSTOMER ACKNOWLEDGES THAT NEITHER S.T.A. NOR ANY THIRD PARTY DESIGNATED BY S.T.A.WHICH PROVIDES SERVICE TO YOU IS AN INSURERINTERRUPTION OR LOSS OF USE OF SERVICES, THAT INSURANCE, EVEN IF ANY, WILL BE OBTAINED BY YOU AND THAT THE AMOUNTS PAYABLE TO S.T.A. UNDER THIS AGREEMENT ARE BASED UPON THE VALUE ADVISED OF THE SERVICES AND THE SCOPE POSSIBILITY OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN YOUR PREMISESSUCH DAMAGES. THE PARTIES AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES THAT MAY PROXIMATELY RESULT FROM THE FAILURE ON THE PART OF S.T.A. TO PERFORM ANY OF OUR OBLIGATIONS AND CUSTOMER AGREES THAT THEY DO NOT DESIRE THAT THIS AGREEMENT PROVIDE FOR THE FULL LIABILITY OF S.T.A. OR ANY SUCH THIRD PARTY AND FURTHER AGREE THAT S.T.A. AND ANY SUCH THIRD NEITHER PARTY WILL BE EXEMPT FROM LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR LOSS INDIRECT OR DAMAGE DUE DIRECTLY OR INDIRECTLY CONSEQUENTIAL DAMAGES WITH RESPECT TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; ANY SUBJECT MATTER OF THIS AGREEMENT. RINGGENIUS AND CUSTOMER AGREE THAT IF S.T.A. OR ANY SUCH THIRD PARTY RINGGENIUS SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FROM FAILURE OF SERVICE IN RINGGENIUS TO PERFORM ANY RESPECTOF THE OBLIGATIONS HEREIN, ITS RINGGENIUS’S LIABILITY WILL FOR DAMAGES SHALL BE LIMITED TO A SUM EQUAL TO 15% ONE MONTH OF THE ANNUAL CUSTOMER’S MONTHLY RECURRING SERVICE CHARGE OR $250, WHICHEVER IS GREATER, CHARGES AS THE AGREED UPON LIQUIDATED DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY AND THAT THIS LIABILITY SHALL BE EXCLUSIVE. THE PROVISIONS OF THIS PARAGRAPH WILL SECTION SHALL APPLY IF LOSS LOSSES OR DAMAGEDAMAGES, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS RESULT DIRECTLY OR INDIRECTLY TO PERSON PERSONS OR PROPERTY PROPERTY, FROM PERFORMANCE OR NON-PERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT CONTRACT, OR FROM NEGLIGENCE OF ANY DEGREENEGLIGENCE, ACTIVE OR OTHERWISE OTHERWISE, OF S.T.A. AND ANY SUCH THIRD PARTY AND THEIR AGENTS RINGGENIUS, ITS AGENTS, ASSIGNS OR EMPLOYEES AND NO SUIT OR ACTION WILL BE BROUGHT AGAINST S.T.A. MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFOREMPLOYEES.