Limitation of Liability EXCEPT. FOR (a) A BREACH BY CUSTOMER OF SECTION 2 (b) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, INCLUDING TRADE SECRETS, (c) DAMAGES FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, AND (d) TO THE EXTENT PERMITTED BY APPLICABLE LAW (THE "EXCLUDED MATTERS"), NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THOSE ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA; (ii) LOSS OF INCOME;
Limitation of Liability EXCEPT. FOR CLAIMS INVOLVING CONFIDENTIALITY OR INFRINGEMENT, NEITHER PARTY’S AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE APPLIANCE OR SOFTWARE SHALL BE MORE THAN THE LESSER AMOUNT OF (1.) THE LICENSE FEES ACTUALLY PAID BY LICENSEE UNDER THIS AGREEMENT, PLUS THE AMOUNT OF SUPPORT FEES WHICH HAVE BEEN PAID OR WILL BE PAID DURING THE FIRST YEAR OF THIS AGREEMENT, OR (2.) ONE MILLION DOLLARS ($1,000,000). THIS LIMIT, WHICH INCLUDES ALL COSTS AND FEES ARISING OUT OF ANY SUCH CLAIM, SHALL APPLY TO ANY AND ALL CLAIMS REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE BASED. NEITHER PARTY (NOR VORMETRIC’S LICENSORS) SHALL BE LIABLE UNDER THIS AGREEMENT FOR LOST PROFITS OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE BASED, EVEN IF THALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY SET FORTH IN THIS AGREEMENT AND WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. IN ADDITION, THALES WILL HAVE NO LIABILITY TO LICENSEE UNDER ANY OF SECTIONS 12 OR 17 OF THIS AGREEMENT, OR UNDER THE SUPPORT SCHEDULE, IF LICENSEE NEGLECTS TO INSTALL WITHIN A REASONABLE TIME PERIOD ANY FAILURE CORRECTION SOFTWARE DELIVERED TO LICENSEE, OR ANY UPDATE OR RELEASE OF THE SOFTWARE MADE GENERALLY AVAILABLE AFTER THE EFFECTIVE DATE THAT WOULD HAVE AVOIDED OR MITIGATED THE CLAIM. For purposes of clarification, the foregoing limitations will apply to any obligation of Thales, if any, which may be deemed to apply under Section 17 (“Indemnification and Infringements”), to indemnify or hold harmless Licensee from any internal costs incurred by Licensee (i) for loss of time or profit as a result of defense of the third party claim,
Limitation of Liability EXCEPT. FOR DS’S LIABILITY UNDER SECTION 5.2 HEREOF, DS’S MAXIMUM LIABILITY FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER FOR THE LICENSED PROGRAM OR THE ONLINE SERVICES WHICH CAUSED THE DAMAGES IN THE PRECEDING TWELVE (12) MONTH-PERIOD PRIOR TO THE OCCURRENCE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM. DS SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA, THAT IN ANY WAY RELATE TO THIS AGREEMENT, ANY DS OFFERING, DOCUMENTATION OR SERVICES, Tento článek 5.2 stanoví veškerou odpovědnost společnosti DS a výhradní opravný prostředek Zákazníka v souvislosti s jakýmkol nárokem z titulu porušení práv duševního vlastnictví. 6.
Limitation of Liability EXCEPT. FOR OBLIGATIONS UNDER THE INDEMNITY PROVISIONS OF THIS AGREEMENT, AMERITECH SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF
Limitation of Liability EXCEPT. FOR SUBCONTRACTOR’S OBLIGATION UNDER SECTION 11 (b) “INDEMNIFICATIONS”, OR EITHER PARTY’S OBLIGATION UNDER SECTION 7 “CONFIDENTIAL INFORMATION”, NEITHER HP NOR SUBCONTRACTOR WILL BE LIABLE TO EACH OTHER FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, OR USE OF PRODUCTS, OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. COMPLIANCE WITH LAWS Subcontractor, at its own expense, will comply with all laws and regulations of federal, state, and local government authorities relating to its obligations under this Agreement. 14. GENERAL (a) Except as expressly provided in the Statement of Work or Purchase Order, Subcontractor will be entitled to no further payment, cost reimbursement, or other compensation for the Services provided hereunder. (b) Subcontractor shall carry during the term of this Agreement, and with companies with a Best Rating of not less than A-:VII, insurance policies of the kinds and in the amounts listed below: (1) Worker’s Compensation — statutory limits in each state in which Subcontractor is required to provide Workers Compensation coverage including Other States Endorsement or policy equivalent thereof. Policy shall include a waiver of subrogation in favor of HP Computer Corporation, its officers, directors, employees and agents. (2) Employer’s Liability — not less than $1,000,000. (3) Comprehensive General Liability — Including Contractual Liability, Independent Contractor’s Liability, Products and/or Completed Operations Liability, and Personal Injury/Property Damage Coverages in a combined single limit of not less than $1,000,000 per occurrence combined single limit and $2,000,000 General Aggregate. HP Computer Corporation, its officers, directors, employees and agents shall be named as Additional Insureds. (4) Automobile Liability — for owned, non-owned, and hired vehicles in a combined single limit of not less than $1,000,000. (5) Umbrella Liability — a combined single limit of not less than $2,000,000. Subcontractor shall furnish HP with Certificates of Insurance evidencing the specified insurance policies and stating that such insurance policies may not be changed or terminated so as to not comply with the foregoing insurance requirements without at least thirty (30) days prior written notice to HP. (c) Nothing in this Agreement will be construed as prohibiting or restricting HP from independently developing, acquiring, and/or marketing services which are similar to and/or co...
Limitation of Liability EXCEPT as specifically provided to the contrary in Paragraph 20(C) hereof, Tenant agrees that it shall look solely to the estate and property of the Landlord in the land and buildings comprising the leased premises and subject to the prior rights of any mortgagee of the Premises for the collection of any judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants, and conditions of this Lease to be observed and/or performed by Landlord, and no other assets of the Landlord shall be subject to levy, execution or other procedures for the satisfaction of Tenant's remedies and no action shall be brought by Tenant respecting this Lease against Landlord.
Limitation of Liability EXCEPT for Solvay’s obligations under Articles 11.2(c) and 11.4 and other than for fraudulent misrepresentation, death or personal injury caused by Solvay’s negligent or willful acts, Solvay’s liability to Cadence under this Agreement shall be limited to #####. Neither Party shall be liable to the other for indirect, incidental or consequential damages (except for breach of confidentiality obligations hereunder) arising out of any of the terms or conditions of this Agreement or with respect to its performance.
Limitation of Liability EXCEPT for damages caused by a Party’s breach of Clause 12.5 or SLB’s breach of Clause 6.3, neither Party shall be liable to the other Party for any indirect, incidental, special or consequential damages on any basis, in contract, tort or otherwise, of any kind and nature whatsoever, arising out of or in connection with this Agreement, howsoever caused. 18. VARIATION No variation of or amendment to this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives). [Signatures on Next Page.] 5
Limitation of Liability EXCEPT for express undertakings to indemnify under this Agreement and/or breach of Clauses 3, 8 or 9.2: (a) Each party's liability to the other for claims relating to breach of this Agreement, shall be limited to a sum equal to the total fees paid to Acorn by Licensee pursuant to this Agreement. (b) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), NO MATTER WHAT THEORY OF LIABILITY, EVEN IF THEEXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. FURTHER, LIABILITY FOR SUCH DAMAGE SHALL BE EXCLUDED, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. The provisions of this Clause 10. allocate the risks under this Agreement between Acorn and Licensee and the parties have relied upon the limitations set forth herein in determining whether to enter into this Agreement.
