Common use of LIMITATION OF LIABILITY IN NO EVENT Clause in Contracts

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 THE COMPANY BUYER BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL EXEMPLARY, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENTEXPENSES OR LOST PROFITS OR DIMUNUTION IN VALUE, REGARDLESS OF WHETHER THE COMPANY HAD HOW CHARACTERIZED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY PURCHSE ORDER UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE. THE COMPANY’S AGGREGATE LIABILITY OF BUYER FOR ANY REASON AND ALL CAUSES OF ACTION CLAIMS ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SERVICE THAT GIVES RISE TO THE AGREEMENT (INCLUDINGCLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUT NOT LIMITED TO, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER BUYER’S LIABILITY ARISES FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY)) INDEMNITY, WARRANTY, TORT, OPERATION OF LAW, OR OTHERWISE. NOTHING IN THIS PO SHALL BE LIMITED TO THE FEES PAID EXCLUDE OR OWED LIMIT SUPPLIER’S LIABILITY UNDER THIS PO, OR SUPPLIER’S LIABILITY FOR FRAUD, PERSONAL INJURY, OR DEATH CAUSED 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 ITS NEGLIGENCE 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: 000-000-0000WILLFUL MISCONDUCT.

LIMITATION OF LIABILITY IN NO EVENT. SHALL THE COMPANY BUYER BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENTEXPENSES OR LOST PROFITS OR DIMINUTION IN VALUE, REGARDLESS OF WHETHER THE COMPANY HAD HOW CHARACTERIZED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY PURCHSE ORDER UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE. THE COMPANY’S AGGREGATE LIABILITY OF BUYER FOR ANY REASON AND ALL CAUSES OF ACTION CLAIMS ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SERVICE THAT GIVES RISE TO THE AGREEMENT (INCLUDINGCLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUT NOT LIMITED TO, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER BUYER’S LIABILITY ARISES FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY)) WARRANTY, TORT, INDEMNITY, OPERATION OF LAW, OR OTHERWISE. NOTHING IN THIS PO SHALL BE LIMITED TO THE FEES PAID EXCLUDE OR OWED LIMIT SUPPLIER’S LIABILITY UNDER THIS PO, OR SUPPLIER’S LIABILITY FOR FRAUD, PERSONAL INJURY, OR DEATH CAUSED 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 ITS NEGLIGENCE 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: 000-000-0000WILLFUL MISCONDUCT.

LIMITATION OF LIABILITY IN NO EVENT. SHALL THE COMPANY EITHER PARTY BE LIABLE TO CUSTOMERTHE OTHER UNDER ANY CAUSE OR ACTION (INCLUDING CONTRACT, AN END USER NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING FROM OR OUT OF THIS AGREEMENT FOR (a) ANY THIRD PARTY FOR ANY INCIDENTALCONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL PUNITIVE OR PUNITIVE EXEMPLARY DAMAGES ARISING OUT OF OR RELATING ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND (b) AGGREGATE LIABILITY OF GREATER THAN THE FEES ACTUALLY PAID BY SUBSCRIBER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE AGREEMENTLIABILITY. OBLIGATIONS UNDER SECTION 10 OF THIS CLOUD SUBSCRIPTION AGREEMENT AND SUBSCRIBER’S OBLIGATION TO MAKE PAYMENTS AS DUE SHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN 9(b) ABOVE. IN ADDITION, REGARDLESS DAMAGES ASSOCIATED WITH EITHER PARTY VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF THE OTHER PARTY, SHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN SECTIONS 9(a) OR 9(b) ABOVE. THE LIMITATIONS SET FORTH IN THIS SECTION ARE INDEPENDENT OF ANY LIMITED REMEDY SET FORTH HEREIN, SHALL APPLY WHETHER THE COMPANY HAD OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES AND SHALL APPLY NOTWITHSTANDING 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 FAILURE 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 ESSENTIAL PURPOSE OF 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: 000-000-0000LIMITED REMEDY.

LIMITATION OF LIABILITY IN NO EVENT. SHALL THE COMPANY EITHER PARTY BE LIABLE TO CUSTOMERTHE OTHER UNDER ANY CAUSE OR ACTION (INCLUDING CONTRACT, AN END USER NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING FROM OR OUT OF THIS AGREEMENT FOR (a) ANY THIRD PARTY FOR ANY INCIDENTALCONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL PUNITIVE OR PUNITIVE EXEMPLARY DAMAGES ARISING OUT OF OR RELATING ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND (b) AGGREGATE LIABILITY OF GREATER THAN THE FEES ACTUALLY PAID BY SUBSCRIBER UNDER THIS PURCHASE ORDER. OBLIGATIONS UNDER SECTION 10 OF THIS CLOUD SUBSCRIPTION AGREEMENT AND SUBSCRIBER’S OBLIGATION TO MAKE PAYMENTS AS DUE SHALL NOT BE SUBJECT TO THE AGREEMENTLIMITATION SET FORTH IN 9(b) ABOVE. IN ADDITION, REGARDLESS DAMAGES ASSOCIATED WITH EITHER PARTY VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF THE OTHER PARTY, SHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN SECTIONS 9(a) OR 9(b) ABOVE. THE LIMITATIONS SET FORTH IN THIS SECTION ARE INDEPENDENT OF ANY LIMITED REMEDY SET FORTH HEREIN, SHALL APPLY WHETHER THE COMPANY HAD OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE COMPANY’S AGGREGATE FOREGOING LIMITATION OF LIABILITY FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING SHALL NOT APPLY 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 COMPANYPERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S AFFILIATES, THIRD PARTY SERVICE PROVIDERS NEGLIGENCE; (2) FOR FRAUD; OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER. THE COMPANY SHALL NOT BE RESPONSIBLE (3) 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: 000-000-0000MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.