LIMITATION OF LIABILITY AND REMEDY. 7.1. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMER. ACCORDINGLY, CUSTOMER AGREES THAT QIAGEN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER.
LIMITATION OF LIABILITY AND REMEDY. FREIGHTLINER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PARTS, EXCEPT SUCH WRITTEN WARRANTY OR WARRANTIES AS MAY BE SET FORTH IN THE FREIGHTLINER WARRANTY POLICIES IN EFFECT AT THE TIME FREIGHTLINER ACCEPTS A PURCHASE ORDER HEREUNDER. SUCH WRITTEN WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NO CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, INCIDENTAL DAMAGES OR OTHER INDIRECT OR SPECIAL DAMAGE OR LOSS, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE OF PLANT OR EQUIPMENT OR LOSS OF EXECUTIVE AND EMPLOYEE TIME, WILL BE RECOVERABLE BY FREIGHTLINER, TA OPERATIONS OR ANY FE LOCATION FOR BREACH OF THIS AGREEMENT OR ANY PART OF THIS AGREEMENT OR FOR ANY CLAIM RELATED TO FREIGHTLINER-SOURCED PARTS OR OTHER FREIGHTLINER PRODUCTS OR THIS AGREEMENT, WHETHER SUCH DUTY OR OBLIGATION BE CONTRACTUAL IN NATURE, STATUTORY OR OTHERWISE. Except insofar as such liabilities and remedies are excluded or limited or modified in this Section or elsewhere in this Agreement, TA Operations and all FE Locations and Freightliner shall have the remedies available to them with respect to the sale and purchase of any Freightliner-Sourced Part and shall undertake the liabilities and duties provided in the Uniform Commercial Code as enacted into law and as validly in force in the State of Oregon on the date of such sale and purchase.
LIMITATION OF LIABILITY AND REMEDY. EXCEPT AS SET FORTH IN SECTION 10, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS ARISING IN CONNECTION WITH THIS AGREEMENT AND LICENSEE'S PUBLICATION OF THE LICENSED MATERIALS. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. THIS DISCLAIMER SHALL APPLY WHETHER OR NOT THE OTHER PARTY HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES PROVIDED ALWAYS THAT THE FOREGOING SHALL NOT EXCLUDE THE LICENSOR'S LIABILITY FOR DIRECT DAMAGES OR RELIANCE DAMAGES RESULTING FROM THE LICENSOR'S NEGLIGENCE OR A BREACH OF THIS AGREEMENT.
LIMITATION OF LIABILITY AND REMEDY. (a) Total liability of MS and its Suppliers to COMPANY under the License Agreement, including Sections 4 and 5 above, shall be limited to one hundred percent (100.00%) of the amount having actually been paid by COMPANY to MS under the License Agreement. COMPANY releases MS and its Suppliers from all obligations, liability, claims or demands in excess of the limitation.
LIMITATION OF LIABILITY AND REMEDY. (a) MSLI's liability to COMPANY under any provision of this Agreement shall be limited to [**]. MSLI's limitation of liability is cumulative with all MSLI's expenditures being aggregated to determine satisfaction of the limit. The existence of claims or suits against more than one Product licensed under this Agreement will not enlarge or extend the limit. COMPANY releases MSLI from all obligations, liability, claims or demands in excess of the limitation. The parties acknowledge that other parts of this Agreement rely upon the inclusion of this Section 14.
LIMITATION OF LIABILITY AND REMEDY. (a) Neither (I) Intell-Xx nor its information providers nor (ii) Distributor shall be liable to the other in any event for any damages, direct or indirect, including, but not limited to, damages and losses resulting from loss of data, loss of profits arising out of this Agreement, or for any incidental or consequential damages even if advised to the possibility of such damage except as set forth in Section 5.3(b) and (c) below.
LIMITATION OF LIABILITY AND REMEDY. (a) Neither Intell-X raised to the power of x nor its information providers shall be liable to Distributor in any event for any damages, direct or indirect, including, but not limited to, damages and losses resulting from loss of data, loss of profits, use or misuse of the Service or for any incidental or consequential damages even if advised to the possibility of such damage except as set forth in Section 5.3(b) below. This limitation will apply regardless of the form of action whether in contract, tort or otherwise.
LIMITATION OF LIABILITY AND REMEDY. (a) [**]
LIMITATION OF LIABILITY AND REMEDY. 11.1. Limitation of Liability. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF $100 OR THE AMOUNT ACTUALLY PAID BY YOU HEREUNDER IN THE ONE MONTH PRECEDING THE DATE THE INCIDENT GIVING RISE TO THE CLAIM ACCRUED.
LIMITATION OF LIABILITY AND REMEDY. 11.1. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF $500 OR THE AMOUNT ACTUALLY PAID BY YOU HEREUNDER IN THE ONE MONTH PRECEDING THE DATE THE INCIDENT GIVING RISE TO THE CLAIM ACCRUED. 11.2. Exclusion of Consequential and Related Damages. YOU AGREE THAT IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES, OR ANY OTHER PERSON WHO USED OUR SERVICE WITH YOUR ACCESS RIGHTS FOR ANY LOST PROFITS OR LOST REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER ARISING HEREUNDER OR UNDER OTHER APPLICABLE LAW, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
