LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01. Limitation on Liability 11 Section 7.02. Disclaimer of Representations and Warranties 11 ARTICLE VIII
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. 12.1 IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THIS LICENSE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT, HOWEVER, LIMIT THE DAMAGES AVAILABLE TO AGILENT FOR (A) INFRINGEMENT OR MISAPPROPRIATION OF ANY LICENSED MARKS OR (B) BREACHES OF ARTICLE X.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. PLEASE READ THIS AGREEMENT CAREFULLY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the following below limitations or exclusions may not apply to you. LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (II) DAMAGES FOR CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, DIMINUTION IN BUSINESS VALUE, OR HARM TO GOODWILL OR REPUTATION. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LOSSES ARE DIRECT LOSSES OR INDIRECT LOSSES; WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR REGULATION VIOLATION OR OTHERWISE; AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALLIED’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR USE OF SYSTEMSHIELD AND RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL OR COURT WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the following below disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Client acknowledges and agrees that it will not hold Big Hype or any third-party suppliers liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Big Hype makes no representations or warranties relating to the results of Marketing Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As Big Hype relies on third parties for certain data, Big Hype makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Big Hype be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01. Limitation on Liability 9 Section 7.02. Disclaimer of Representations and Warranties 9 ARTICLE VIII TRANSFERABILITY AND ASSIGNMENT Section 8.01. Assignment 10 Section 8.02. Divested Businesses 10 Section 8.03. Third Party Products or Services 10 Section 8.04. Prohibited Assignments Null and Void 10 ARTICLE IX
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER a) To the maximum extent permitted by law (1) Seller’s liability to Buyer under this agreement shall be limited to direct, actual damages only and will in no event exceed the amount paid by Buyer to Seller under this agreement; and (2) in no event shall either party be liable to the other for consequential, punitive, exemplary, or indirect damages. This amount of liability is Buyer’s sole and exclusive remedy, and Buyer hereby waives all other remedies or damages at law or equity; and
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Xxxxxx makes no warranty of any kind whether expressed or implied, including any implied warranty of merchantability or fitness of services described in this Agreement for a particular purpose. Seller understands and agrees that this Agreement does not guarantee the sale of the Property.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Advertiser acknowledges and agrees that it will not hold DIGITABILITY, or Promotional Partner if applicable, liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Advertiser further acknowledges and agrees that errors or mistakes in the performance of the Advertising Services, including but not limited to misspellings or miscommunications, do not create a right to refund for the Advertiser. Advertiser will give DIGITABILITY timely notice and allow DIGITABILITY a reasonable opportunity thereafter to cure any identified errors or omissions. DIGITABILITY makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions, click- throughs, or leads and any promotional effect or return on investment thereof. As DIGITABILITY relies on third parties for certain data, DIGITABILITY makes no guarantees regarding the accuracy, reliability, or completeness of any such data, including but not limited to usage statistics. In no event shall DIGITABILITY or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Company makes no representations or warranties relating to the results of Coaching and Consulting Services or Products, including, without limitation, landing a career as a professional artist, getting accepted as an apprentice anywhere, or every making an income from their art skills. As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
