Limitation of Liability; Damages. Except as otherwise expressly provided under this Agreement, under no circumstance shall Purchaser, its parent, subsidiaries and affiliates be liable for any incidental, indirect, special, punitive or consequential damages (including anticipated profits or revenues).
Limitation of Liability; Damages. EXCEPT AS PROVIDED IN SECTION 7.2 BELOW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRTUSA’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSE.
Limitation of Liability; Damages. 13.1 Except in the case of gross negligence, willful misconduct, fraud or non-adherence to the Protocol, neither Integrium, nor its affiliates, nor any of its or their respective directors, officers, employees or agents shall have any liability of any type (including, but not limited, to contract, negligence, and tort liability), for any special, incidental, indirect or consequential damages, including, but not limited to the loss of opportunity, loss of use, or loss of revenue or profit, in connection with or arising out of this Agreement, or any service order, even if such damages may have been foreseeable to Integrium. In addition, except in the case of gross negligence, willful misconduct, fraud or non-adherence to the Protocol, in no event shall the collective, aggregate liability (including, but not limited to, contract, negligence and tort liability) of Integrium and its affiliates and its and their respective directors, officers, employees and agents under this Agreement or any service order hereunder exceed the CRO Service Fees Grand Total amount set out in the Study Budget.
Limitation of Liability; Damages. 13.1 Clause 13 and its sub-clauses set out SSLP Group Ltd’s entire liability to the Client in respect of the software or the Client’s use of the software or which may otherwise arise out of this agreement (including any liability for the acts and omissions of SSLP Group Ltd’s employees, agents and subcontractors) and the Client’s liability to SSLP Group Ltd. The Client’s attention is particularly drawn to the provisions of this clause.
13.2 Neither party's liability to the other for fraud or fraudulent misrepresentation or death or personal injury arising from the negligence of that party or its employees shall be limited.
13.3 SSLP Group Ltd shall not be liable to the Client in any event for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) which arise in relation to this Agreement and as a result of any of the following circumstances:
13.3.1 improper use, operation or neglect of the Software or any equipment upon which it is installed or in relation to which it is used (other than by SSLP Group Ltd); or
13.3.2 the Software has not been maintained by the Client strictly in accordance with the Program Documentation or has been maintained other than by SSLP Group Ltd; or
13.3.3 the Software has been used by the Client and/or the Subcontractor in any unauthorised or unlicensed manner or other than as described in the Program Documentation or other instructions of SSLP Group Ltd; or
13.3.4 the Software has been damaged, adapted or modified in any way or interfaced (other than in accordance with the Program Documentation) with any other software (other than by SSLP Group Ltd); or
13.3.5 any breach by the Client of its obligations under this Agreement, or any failure by the Client promptly to install or otherwise use the Current Release of the Software; or
13.3.6 the failure by the Client to implement any update, upgrade or recommendation in respect of or solutions to errors previously advised by SSLP Group Ltd; or
13.3.7 a fault in Client or third-party software or applications or any upgrade or new release in respect thereof; or
13.3.8 a fault in the equipment or in any other software operating in conjunction with or integrating with the Software; or
13.3.9 the act or omission of any operator of the Software.
13.4 Subject to clause 13.2 and clause 13.3, the Client’s sole remedy with respect to any claims arising out of this Agreement shall ...
Limitation of Liability; Damages. Except as to rights of indemnity under Article IX, in no event will either party be liable to the other in contract, tort or otherwise for any lost profits, or special, incidental or consequential damages, regardless of whether such party has been advised of the possibility of such damages. KMC's liability to Gen-Probe on any claims of any kind (including negligence) for any loss or damage arising out of, or connected with, or resulting from this Agreement or the performance of breach hereof shall not in the aggregate, exceed the total amount of insurance coverage available for such claims under insurance maintained by KMC; provided, however, that if insurance coverage is not available for the full amount of any such claims, then and in such event, KMC's liability for all such claims, or portions thereof, in the aggregate, shall not exceed the amount provided by KMC's insurance plus the total amount paid to KMC hereunder by Gen-Probe for services and Instruments. Nothing contained in the immediately preceding sentence shall limit KMC's liability to Gen-Probe pursuant to the indemnity provisions of Section 9.1(ii).
Limitation of Liability; Damages. Avatar Machine’s liability under this agreement shall be limited to replacement of defective products only, and Avatar Machine shall not be liable for the cost of procurement of a substitute product. In no event shall the company be liable for any indirect, special, incidental, consequential or exemplary damages incurred by the other party, or any successors in interest or any beneficiary of this agreement, and in any way arising out of or in connection with this agreement or any breach thereof, whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise. Avatar Machine will not be held responsible for value or replacement of Customer provided material / hardware, in the event of attrition and or loss due to other than negligence on the part of Avatar Machine.
Limitation of Liability; Damages. DESCO, L.P. shall not be liable for failure to perform an obligation under this Agreement where such failure is due to fire, flood, labor dispute, natural calamity, or acts of the government or for any other reason if resulting from conditions beyond the reasonable control of DESCO, L.P. If DESCO, L.P. is liable for any failure to perform under this Agreement, DESCO, L.P.'s liability to Juno is limited to correction of errors and the reimbursement to Juno of any monies paid by Juno to third parties, which are paid as a result of the error caused by DESCO, L.P. DESCO, L.P. shall not be liable for any special, incidental, indirect, or consequential damages, damages from loss of use, data, or profits, or cost or procurement of substitute goods or services, arising out of or in connection with this Agreement or the Services provided hereunder.
Limitation of Liability; Damages. SELLER'S AGGREGATE LIABILITIES TO BUYER ARISING OUT OF OR RELATING TO ANY PRODUCTS PURCHASED HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY RECEIVED BY SELLER FOR THE PRODUCTS AT ISSUE. SELLER SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR REMOTE DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF USE, OR FOR EXEMPLARY OR OTHER SPECIAL DAMAGES, HOWEVER STYLED, WHETHER ARISING UNDER THIS AGREEMENT OR OTHERWISE. BUYER HEREBY AGREES ITS EXCLUSIVE REMEDIES ARE SET FORTH IN THIS AGREEMENT.
Limitation of Liability; Damages. The District does not limit the liability of the Contractor for negligence, or for intentional or reckless torts. The District does not limit the liability of Contractor to the amount of the Contract, to any other set amount, or in any other way.
Limitation of Liability; Damages. Distributor agrees that notwithstanding anything else in this agreement, INFO will not be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory (i) for any damages arising out of use of Product, except those arising from patent or copyright infringement as provided in Article 10, and including, but not limited to, breach of any warranty, (ii) for any amount in excess of the lesser of actual direct damages to Distributor or the total amount of payments paid by Distributor to INFO pursuant to Section 6.02 during the twelve (12) months preceding the events or occurrences giving rise to the damage, (iii) for the cost of procurement of substitute goods, services or technology; and (iv) in any event, for any damages incurred by Distributor, Customer, or by any other person, organization or entity as a result of Distributor's, or its Customer's, misuse of the Product(s), even if INFO had been advised of the possibility 5
