Common use of Limitation of Liability; Exclusion of Consequential Damages Clause in Contracts

Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all Cloud service subscription and Usage Fees (as applicable) paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 9 (“Indemnification”). In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, including but not limited to, for Indemnification claims, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages, where permitted, shall apply regardless of the success or effectiveness of other remedies, but may not apply in some jurisdictions.

Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product Product(s) and any services rendered under this Agreement shall not exceed the total amount of all Cloud service subscription and Usage Fees (as applicable) paid to Gurobi for the Product Product(s) within the prior year. This limitation shall not apply to the indemnification provided in Section 9 (“Indemnification”). In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, including but not limited to, for Indemnification claims, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages, where permitted, shall apply regardless of the success or effectiveness of other remedies, but may not apply in some jurisdictions.

Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all Cloud service subscription and Usage Fees (as applicable) paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 9 (“Indemnification”). In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, including but not limited to, for Indemnification claims, even if Gurobi Xxxxxx has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages, where permitted, shall apply regardless of the success or effectiveness of other remedies, but may not apply in some jurisdictions.