LIMITATION OF LIABILITY IN NO EVENT. SHALL BUYER BE LIABLE TO SELLER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS ORDER, WHETHER OR NOT BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY IN NO EVENT. WILL ALORICA BE LIABLE TO VENDOR OR ANY THIRD PARTY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY LOSS OF PROFITS OR BUSINESS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM OR AS A RESULT OF THESE CONTRACT TERMS, ANY PO OR ANY AGREEMENT BETWEEN THE PARTIES RELATING TO THE GOODS garantías aquí dispuestas; (ii) cualquier reclamo por derecho de marca, derecho de autor o cualquier otra violación a la propiedad intelectual, siempre y cuando la violación no sea producto del mal uso de Alorica de dicha propiedad intelectual; y (iii) las obligaciones de confidencialidad del Proveedor bajo este acuerdo. c.
LIMITATION OF LIABILITY IN NO EVENT. SHALL (A) TABOOLA BE LIABLE TO PUBLISHER FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES; OR (B) TABOOLA’S CUMULATIVE LIABILITY HEREUNDER EXCEED THE ACTUAL AMOUNTS PAID BY TABOOLA TO PUBLISHER IN THE SIX- MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY. IN ADDITION, TABOOLA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING TABOOLA NEWSROOM AND DISCLAIMS ALL LIABILITY WITH RESPECT TO PUBLISHER’S USE OF TABOOLA NEWSROOM.
LIMITATION OF LIABILITY IN NO EVENT. SHALL THE COMPANY BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT, REGARDLESS OF WHETHER THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AGGREGATE LIABILITY FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY)) SHALL BE LIMITED TO THE FEES PAID OR OWED BY CUSTOMER UNDER THE SERVICE ORDER THAT IS THE SUBJECT MATTER OF THE CLAIM IN THE ONE (1) MONTH PRECEDING THE DATE THE CLAIM ARISES. IN NO EVENT SHALL THE COMPANY’S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES. “Company”: Xxxxxxx Xxxxx & Associates, Inc. Correspondence Address: XX Xxx 000000 Xxxx, Xxxxx, Xxx: Xxx Xxxxxxx, XX 00000-0000 Telephone: 000-000-0000 Facsimile: 000-000-0000
LIMITATION OF LIABILITY IN NO EVENT. SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT OR ANY CLAIMS ARISING HEREUNDER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 14.1 IS INTENDED TO OR WILL LIMIT OR RESTRICT (A) THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF ANY PARTY UNDER SECTION 13.1 OR SECTION 13.2, (B) DAMAGES AVAILABLE IN THE CASE OF A PARTY’S FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR (C) DAMAGES AVAILABLE TO A PARTY FOR A BREACH BY THE OTHER PARTY OF THE CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 15 OR (D) DAMAGES AVAILABLE IN THE CASE OF BREACH OF EXCLUSIVITY UNDER SECTION 2.2.
LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT (WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER FOR THE QUARTER IN WHICH THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF RIGHTNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE. THIS IS A BENEFIT OF THE BARGAIN BETWEEN THE PARTIES AND PART OF THE BASIS FOR THE SERVICES FEES OFFERED TO CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
LIMITATION OF LIABILITY IN NO EVENT. SHALL BUYER, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES, BE LIABLE TO SELLER OR ANY OTHER PERSON FOR ANY, INDIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS REPUTATION HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. 11. Limitation de Responsabilité L’ACHETEUR, SES DIRIGEANTS, ADMINISTRATEURS, AFFILIÉS OU EMPLOYÉS NE SERONT, EN AUCUN CAS, RESPONSABLES ENVERS LE VENDEUR OU TOUTE AUTRE PERSONNE POUR TOUS LES DOMMAGES INDIRECTS EN TOUT GENRE, Y COMPRIS, MAIS SANS S’Y LIMITER, LA PERTE DE PROFITS OU ATTEINTES À LA RÉPUTATION POUR QUELQUE RAISON QUE CE SOIT ET CONCERNANT TOUTE THÉORIE DE RESPONSABILITÉ, QUE CE SOIT DANS UNE ACTION EN RESPONSABILITÉ CONTRACTUELLE, STRICTE OU DÉLICTUELLE (INCLUANT UNE NÉGLIGENCE) OU AUTREMENT.
LIMITATION OF LIABILITY IN NO EVENT. SHALL COMPANY BE LIABLE TO CONSULTANT OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL COMPANY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY COMPANY TO CONSULTANT UNDER THIS AGREEMENT FOR THE SERVICES, DELIVERABLES OR INVENTION GIVING RISE TO SUCH LIABILITY.
LIMITATION OF LIABILITY IN NO EVENT. WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR ANY OTHER KIND, AND STRICT LIABILITY) OR OTHERWISE, SHALL IMATRON BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR BUSINESS INTERRUPTION DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, DAMAGE TO ASSOCIATED EQUIPMENT, COST OF CAPITAL, DOWN TIME COSTS, OR CLAIMS OFDISTRIBUTOR'S CUSTOMERS.
LIMITATION OF LIABILITY IN NO EVENT. SHALL APPLE BE LIABLE TO WHOLESALER FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS FOR ANY MATTER ARISING FROM, OR RELATED TO THIS AGREEMENT. DIRECT DAMAGES TO WHOLESALER SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $100,000 PER INCIDENT.
