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.
7.2. QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) the cost of correcting any non-conformities in the products or services or (ii) the cost of replacing the products or reperforming the services. In no event (including unenforceability of the above limitations and independent of any failure of essential purpose of the limited warranty and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages under this Agreement exceed the purchase price previously paid by Customer for the non-conforming products or services. The parties acknowledge that the limitations set forth in this Section 7.2 are integral to the prices charged under this Agreement and that, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law of any jurisdiction are hereby waived by Customer.
7.3. Without limitation to the generality of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the products.
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) 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.
(b) IntellX agrees to indemnify and hold Distributor and its parents, subsidiaries, shareholders, directors, officers and employees (the "Distributor Indemnified Parties") harmless from any and all claims, suits, losses, liabilities, obligations, demands, damages or expenses which result from or based upon the breach by IntellX of any terms, conditions, warranties, representations or obligations under this Agreement (collectively, a "Distributor Indemnified Claim"). IntellX's obligation to indemnify a Distributor Indemnified Party hereunder shall be conditioned upon (i) the Distributor Indemnified Party providing IntellX with prompt notice of such Distributor Indemnified Claim which notice shall in any event be given in enough time to allow IntellX to defend such claim, (ii) the Distributor Indemnified Party fully cooperating with IntellX in the defense of such claim, and (iii) the Distributor Indemnified Party allowing IntellX to control the defense including any potential settlement of such Distributor Indemnified Claim.
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. Bode represents and warrants that the Services performed in connection with each Quote issued hereunder will be of a professional quality.
LIMITATION OF LIABILITY AND REMEDY. (a) [**]
(b) Neither MS, its licensors or suppliers shall be liable to COMPANY for costs or losses which COMPANY incurs due to the failure by a Customer to pay for Software, nor due to Software inventory held by COMPANY for any Customer to which COMPANY is unable to deliver such Software inventory due to termination of the respective Customer Agreement, expiration of the respective Customer Agreement, removal of Software from the [**], or as a result of Customer’s placement on transaction hold.
(c) In no event shall MS, its licensors or suppliers be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by COMPANY or any third party in connection with use of [**] or [**] software, whether in action in contract or tort, even if the other party has been advised of the possibility of such damages. ANY AND ALL MS OR MICROSOFT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING THOSE FOR MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ARE EXPRESSLY EXCLUDED. COMPANY AGREES NEITHER MS, MICROSOFT, NOR THEIR LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR PUNITIVE DAMAGES, EVEN IF MS, MICROSOFT, OR THEIR LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
LIMITATION OF LIABILITY AND REMEDY. Subject to any mandatory legislation (including without limitation in respect of Product Liability) or other mandatory laws, Xxxxxxx’s total liability under any theory of recovery, whether in contract, tort (including negligence and strict liability), warranty, indemnity or otherwise, shall not exceed the total price paid (or payable) to Magnera for the Product shipment in question. Buyer’s exclusive remedy will, at Magnera’s option, be the replacement of non-conforming Product or the refund of the particular shipment’s purchase price. Magnera shall not be liable to the Buyer with respect to any sales of Products or any undertakings, acts or omissions relating thereto, whether under theories of contract, tort, indemnity, product liability, or otherwise, for any lost profits or indirect, special, consequential, incidental, punitive or exemplary damages, even if Buyer has been apprised of the likelihood of such damages occurring, and Magnera hereby disclaims all such damages.
LIMITATION OF LIABILITY AND REMEDY. EXCEPT FOR QUANTUM'S INDEMNIFICATION OBLIGATION UNDER SECTION 4.2(H) AND BREACHES OF CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES ARISING FROM OR RELATING SOLELY TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY EXCLUSIVE REMEDY STATED IN THIS AGREEMENT IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY AND REMEDY. 12.1 Subject to any Implied Term and to the full extent permitted by any applicable law, the cumulative total liability of CPA Australia and/or any of its Suppliers under these Terms (regardless of the basis of the claim or action, including negligence and gross negligence) will not exceed the greater of two (2) times the License Fee for the Product paid to CPA Australia or the amount of AU$100.
