Common use of Limitation of Liability; Indemnity Clause in Contracts

Limitation of Liability; Indemnity. CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF COMPANY FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, SO THAT THE TOTAL AGGREGATE LIABILITY OF COMPANY NOT EXCEED COMPANY’S TOTAL FEE FOR SERVICES RENDERED. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION WHATSOEVER IN TORT, CONTRACT, EQUITY OR OTHERWISE, HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR PUNITIVE DAMAGES. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITITES, JUDGMENTS, CLAIMS, CAUSES OF ACTIONS, COSTS, FEES, FINES AND ATTORNEYS’ ARISING FROM OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS BY CLIENT.

Limitation of Liability; Indemnity. CLIENT AGREES6.1 SAVE IN RESPECT OF DEATH OR PERSONAL INJURY, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT FOR WHICH THE LIABILITY OF COMPANY THE PARTIES SHALL BE UNLIMITED, IN NO EVENT SHALL MUTANT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND GOODWILL, BUSINESS OR BUSINESS BENEFIT, OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY LICENSEE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCES SHALL MUTANT BE LIABLE FOR ANY FAILURE OF THE SOFTWARE TO PERFORM IN ACCORDANCE WITH THE DOCUMENTATION, OR AT ALL, RESULTING FROM A FAILURE BY THE LICENSEE TO COMPLY WITH THE MINIMUM REQUIREMENTS. ADDITIONALLY, LICENSEE ACKNOWLEDGES THAT WHILST THE SOFTWARE MAY BE USED IN COMBINATION WITH THIRD PARTY SOFTWARE, MUTANT BEARS NO LIABILITY, HOWSOEVER ARISING, FOR ANY LOSS, DAMAGE OR COST THAT ARISES FROM A FAILURE OF THE SOFTWARE TO INTEGRATE WITH LICENSEE OR THIRD PARTY SOFTWARE. 8.3 LICENSEE HEREBY INDEMNIFIES MUTANT IN FULL AND ON DEMAND IN RESPECT OF ALL CLAIMS, LOSSES, COSTS, DAMAGES AND LIABILITIES ARISING FROM ANY BREACH BY THE LICENSEE OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, SO THAT THE TOTAL AGGREGATE LIABILITY TERM OF COMPANY NOT EXCEED COMPANY’S TOTAL FEE FOR SERVICES RENDERED. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION WHATSOEVER IN TORT, CONTRACT, EQUITY OR OTHERWISE, HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR PUNITIVE DAMAGES. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITITES, JUDGMENTS, CLAIMS, CAUSES OF ACTIONS, COSTS, FEES, FINES AND ATTORNEYS’ ARISING FROM OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS BY CLIENTAGREEMENT.

Limitation of Liability; Indemnity. CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE (a) ENERJEX'S LIABILITY OF COMPANY IN ANY AND ALL CATEGORIES AND FOR ANY AND ALL CLAIMSCAUSES ARISING UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WILL, IN THE AGGREGATE, NOT EXCEED THE ACTUAL FEES PAID BY THE COMPANY TO ENERJEX DURING THIS AGREEMENT. IN NO EVENT WILL ENERJEX BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR LOSS OF BUSINESS, PROFIT OR GOODWILL. AS A CONDITION FOR RECOVERY OF ANY LIABILITY, THE COMPANY MUST ASSERT ANY CLAIM AGAINST ENERJEX WITHIN THREE MONTHS AFTER DISCOVERY OR 6o DAYS AFTER THE TERMINATION OR EXPIRATION OF THE APPLICABLE SCHEDULE UNDER WHICH THE LIABILITY ARISES, WHICHEVER IS EARLIER. (b) THE COMPANY AGREES TO INDEMNIFY ENERJEX TO THE FULL EXTENT PERMITTED BY LAW FOR ANY LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR CLAIMS DAMAGES, AND EXPENSES FROM (INCLUDING REASONABLE ATTORNEYS' FEES), AS THEY ARE INCURRED, IN CONNECTION WITH ANY CAUSE OF ACTION, SUIT, OR CAUSES, SO THAT OTHER PROCEEDING ARISING IN CONNECTION WITH ENERJEX'S SERVICES TO THE TOTAL AGGREGATE LIABILITY OF COMPANY NOT EXCEED COMPANY’S TOTAL FEE FOR SERVICES RENDERED. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION WHATSOEVER IN TORT, CONTRACT, EQUITY OR OTHERWISE, HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR PUNITIVE DAMAGES. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITITES, JUDGMENTS, CLAIMS, CAUSES OF ACTIONS, COSTS, FEES, FINES AND ATTORNEYS’ ARISING FROM OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS BY CLIENT.

Limitation of Liability; Indemnity. CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE (a) ENERJEX'S LIABILITY OF COMPANY IN ANY AND ALL CATEGORIES AND FOR ANY AND ALL CLAIMSCAUSES ARISING UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WILL, IN THE AGGREGATE, NOT EXCEED THE ACTUAL FEES PAID BY THE COMPANY TO ENERJEX DURING THIS AGREEMENT. IN NO EVENT WILL ENERJEX BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR LOSS OF BUSINESS, PROFIT OR GOODWILL. AS A CONDITION FOR RECOVERY OF ANY LIABILITY, THE COMPANY MUST ASSERT ANY CLAIM AGAINST ENERJEX WITHIN THREE MONTHS AFTER DISCOVERY OR 60 DAYS AFTER THE TERMINATION OR EXPIRATION OF THE APPLICABLE SCHEDULE UNDER WHICH THE LIABILITY ARISES, WHICHEVER IS EARLIER. (b) THE COMPANY AGREES TO INDEMNIFY ENERJEX TO THE FULL EXTENT PERMITTED BY LAW FOR ANY LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR CLAIMS DAMAGES, AND EXPENSES FROM (INCLUDING REASONABLE ATTORNEYS' FEES), AS THEY ARE INCURRED, IN CONNECTION WITH ANY CAUSE OF ACTION, SUIT, OR CAUSES, SO THAT OTHER PROCEEDING ARISING IN CONNECTION WITH ENERJEX'S SERVICES TO THE TOTAL AGGREGATE LIABILITY OF COMPANY NOT EXCEED COMPANY’S TOTAL FEE FOR SERVICES RENDERED. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION WHATSOEVER IN TORT, CONTRACT, EQUITY OR OTHERWISE, HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR PUNITIVE DAMAGES. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITITES, JUDGMENTS, CLAIMS, CAUSES OF ACTIONS, COSTS, FEES, FINES AND ATTORNEYS’ ARISING FROM OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS BY CLIENT.

Limitation of Liability; Indemnity. CLIENT AGREES5.1. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, TO LOSSES, LIABILITIES, CLAIMS, COSTS (INCLUDING LEGAL COSTS AND REASONABLE STAFF COSTS), FINES AND PENALTIES WHICH ARE OF AN INDIRECT NATURE. THE FULLEST EXTENT PERMITTED COMPANY IS NOT LIABLE FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF EARNINGS, LOSS OF CONTRACT, COST OF CAPITAL, LOSS OF ANY USE OF ANY FACILITIES OR PROPERTY OPERATED OR OWNED BY LAWANY PARTY, TO LIMIT AND ANY OTHER INDIRECT, CONTINGENTY, OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER WHICH ARE IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LIABILITY OF RELATIONSHIP CONTEMPLATED BY THIS AGREEMENT, OR THE COMPANY'S PRODUCTS OR SERVICES. 5.3. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT IF ANY INVOICES ARE OUTSTANDING FOR 45 DAYS, THE CUSTOMER WILL INDEMNIFY THE COMPANY FOR ALL ADMINISTRATIVE, ENFORCEMENT, AND LEGAL COSTS, ON A SOLICITOR AND OWN CUSTOMER BASIS, INCURRED BY THE COMPANY FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES ACTIONS COMMENCED TO COLLECT ON THE INDEBTEDNESS OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, SO THAT THE TOTAL AGGREGATE LIABILITY OF COMPANY NOT EXCEED CUSTOMER TO THE COMPANY’S TOTAL FEE FOR SERVICES RENDERED. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION WHATSOEVER IN TORT, CONTRACT, EQUITY OR OTHERWISE, HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR PUNITIVE DAMAGES. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITITES, JUDGMENTS, CLAIMS, CAUSES OF ACTIONS, COSTS, FEES, FINES AND ATTORNEYS’ ARISING FROM OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS BY CLIENT.