Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. 8.4.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. ‌ Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. 7.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its it performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind, except as authorized by this Agreement.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including court costs and reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage or liability actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Party’s liability In no event shall either party be liable to the other Parties party or to any third party for any lossincidental, costspecial, claim, injury, liabilitypunitive, or expense, consequential damages (including reasonable attorney’s fees, relating to or without limitation lost profits) arising from any act acts under this agreement even if such party or omission in its performance subscriber has been advised of the possibility of such damages. Each party’s maximum liability under this Agreement, agreement shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable amounts paid by Participant to the other Parties for any indirect, special, consequential, or punitive damagesparty under this agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties Party(ies) for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any a Party be liable to the other Parties another Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. Each Party’s liability to To the other Parties for any lossfullest extent allowed by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any consequential, incidental, indirect, specialspecial or punitive damages incurred by another Party and connected with, consequentialarising from or related to this Agreement , including but not limited to loss of good will, cost of capital, claims of customers and lost profits or revenue, whether or not such loss or damages is based in contract, warranty, tort, negligence, strict liability, indemnity, or punitive otherwise, even if a party has been advised of the possibility of such damages.

Limitation of Liability. Each Party’s With respect to any claim by one Party against the other arising out of the performance or failure of performance of the other Party under this Agreement, the Parties expressly agree that the liability of such Party to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, such breach shall be limited under this Agreement or otherwise at law or equity to the amount of direct damage actually incurred. In damages only and in no event shall any a Party be liable to the other Parties for any indirectfor, specialpunitive, consequential, exemplary or punitive consequential damages.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each No Party shall be liable for any indirect or consequential loss or similar damages such as but not limited to loss of profit, loss of revenue, loss of contract or the like. For any remaining contractual liability, each Party’s total aggregate liability under this Consortium Agreement towards the other Party in respect of any and all such claims shall not exceed that Party’s budget contribution (in cash and/or in kind) as foreseen in the Budget, except for and to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any extent that such damage was caused by a willful act or omission in its performance gross negligence. The terms of this Agreement, Consortium Agreement shall not be limited construed to the amount of direct damage actually incurred. In no event shall amend or limit any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesParty’s statutory liability.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no such even shall death, bodily injury or third party claims be construed as an indirect or consequential damages.

Limitation of Liability. Each 10.4.1 Except for any indemnification obligations of the Parties hereunder, and except in cases of the provisioning Party’s gross negligence or willful misconduct, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third- party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Party’s With respect to any claim by one Party against the other arising out of the performance or failure of performance of the other Party under this Agreement, the Parties expressly agree that the liability of such Party to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, such breach shall be limited under this Agreement or otherwise at law or equity to the amount of direct damage actually incurred. In damages only and in no event shall any a Party be liable to the other Parties for any indirectpunitive, special, consequential, exemplary or punitive consequential damages.

Limitation of Liability. Each Party’s No party shall be responsible to any other party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts. The liability of each party to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited in all events to the amount a maximum sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages€10,000.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission omissions in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall will be limited to the amount of direct damage actually incurred. In no event shall any will either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.or

Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s liability Except for willful misconduct or gross negligence, in no event will any party be liable to any other party for any damage, cost, claim of any nature whatsoever, including, without limitation, any lost profits, collateral, consequential, incidental, special or indirect damages, costs or claims arising out of or relating to the provision by such party of any Services to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesparty.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Party’s liability If any Party shall be liable to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, matter relating to or arising from any act or omission in its performance of connection with this Agreement, shall be limited to the amount of direct damage actually incurred. In whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, in no event shall the measure of damages include, nor shall any Party be liable to the other Parties for, any amounts for any loss of income, profit or savings or indirect, specialincidental, consequential, or punitive damagesdamages of any Party or any third parties.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Except as set forth in this Article: (a) no Party shall be liable to another Party’s liability to the other Parties , directly or indirectly, for any loss, cost, claim, injury, liability, damages or expense, including reasonable attorney’s fees, relating losses of any kind sustained due to or arising from any act or omission in failure to perform its performance of obligations under this Agreement, unless such failure to perform was malicious or reckless; and (b) any liability of a Party to another Party shall be limited to the amount of direct damage actually incurred. In damages, and no event shall any Party be liable lost profits, damages to the other Parties compensate for any indirectlost goodwill, special, consequentialconsequential damages, or punitive damagesdamages shall be sought or awarded.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party Party, its officers, employees or agents be liable to the other Parties Party (on the basis of breach of contract, indemnity, warranty or tort, including negligence and strict or absolute liability, or breach of statutory duty or otherwise) for any indirectmatter arising out of or in connection with this Agreement in respect of any Consequential Loss suffered by the other Party. Each Party undertakes not to xxx the other Party, specialits officers, consequentialemployees, agents or punitive damagessub-contractors in respect of such Consequential Loss.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall Version – 11/12/03 be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any act cause whatsoever, whether based in contract, negligence or omission in its other tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damages.functions not performed or

Limitation of Liability. Each 8.4.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed except in instances of gross negligence or fraudulent misrepresentation or willful or wanton misconduct.

Limitation of Liability. Each Party’s With respect to any claim by one Party against the other arising out of the performance or failure of performance of the other Party under this Agreement, the Parties expressly agree that the liability of such Party to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, such breach shall be limited under this Agreement or otherwise at law or equity to the amount of direct damage actually incurred. In damages only and in no event shall any a Party be liable to for, punitive, exemplary or consequential damages suffered or incurred by the other Parties for any indirect, special, consequential, or punitive damagesParty.

Limitation of Liability. ‌ Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.

Limitation of Liability. Each Party’s liability to the other The Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party not be liable to the other Parties or any other person or entity (under contract, strict liability, negligence, or other theory) for any special, indirect, specialexemplary, consequentialincidental, or punitive consequential damages, including ANY SUCH DAMAGES BASED ON lost profits, opportunities or savings, arising out of or related to the subject matter of this Agreement, even if advised of the possibility of the foregoing.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct direct, damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of this Agreement or the Schedule unless suit or action is commenced within two years after the applicable cause of action arises.

Limitation of Liability. Each Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectfacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In I no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to to, or arising from from, any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, cost claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages or any kind.

Limitation of Liability. ‌ Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s liability In no event shall a Party be liable to the any other Parties Party for any lossindirect, costincidental, claimspecial, injury, liability, punitive or expense, including reasonable attorney’s fees, relating consequential damages in any way related to this Agreement or arising from any act the performance or omission in its non-performance of this Agreement, shall be under any theory of law or equity, including but not limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectto, specialcontract, consequential, tort or punitive damagesstrict liability.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurredthe Services not performed or improperly performed. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.Version – 11/12/03

Limitation of Liability. Each Party’s 's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 7.0.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of the Schedule or this Agreement unless suit or action is commenced within two years after the applicable cause of action arises.

Limitation of Liability. 18.1. Each Party’s liability to Party shall be held liable for direct damages that may arise or be claimable under this Agreement by the other Parties Party. This will not include any indirect or consequential damages. 18.2. Each Party shall be held liable for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in on its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequentialpart, or punitive damageson the part of its employees, contractors or agents, whether such act arises out of contract or delict.

Limitation of Liability. Each Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance Page 41 of 370 Contract Id: 4236325 of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectfacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Limitation of Liability. Each Party’s liability to No party will be liable in connection with the other Parties Agreement for any lossother party’s lost revenues or profits, costindirect, claimspecial, injury, liabilityincidental, or expenseconsequential losses, including reasonable attorneyor exemplary or punitive damages. Except as it arises from a party’s feesindemnification obligations herein, relating to or arising from any act or omission each party’s total liability in its performance of this Agreement, connection with the Shoot shall be limited to the total amount of direct damage actually incurred. In no event shall any Party be liable paid or owed pursuant to the other Parties for any indirect, special, consequential, or punitive damagesAgreement and Estimate.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, Any and all costs or expense, including reasonable attorney’s fees, relating to or expense incurred by a Party arising from any act or omission in its performance of this Agreement shall be borne by the Party which incurred same, and no Party shall be liable or obligated to another Party for said cost or expense. In the event any proceeding or lawsuit is brought by a Party against another Party for violation of obligations under this Agreement, the prevailing Party shall be limited entitled to the amount of direct damage actually incurred. In no event shall any Party be liable to recover its costs and reasonable attorneys’ fees from the other Parties for any indirect, special, consequential, or punitive damagesParty1.

Limitation of Liability. Each Party’s liability to the other Parties PartyParties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s Party acknowledges and agrees that the total aggregate liability of both Parties and their respective Affiliates (whether arising under contract, negligence, tort, breach of statutory duty or otherwise) to the other Parties for Party or any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, third parties shall be limited not exceed an amount equal to the amount sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesTechnical Integration Fee plus the Fee Deposit.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementapplication/agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable (in contract or in tort, including negligence and strict liability) to the such other party or its Related Parties for any indirect, special, consequential, indirect or punitive consequential damages relating to the Agreement. The entire liability of each party for any and all damages of any kind arising from or relating to the Agreement will be subject in all cases to an affirmative obligation on the part of the other party to mitigate its damages...

Limitation of Liability. Each Party’s 's liability to the other Parties Partyies for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either any Party be liable to the other Parties Partyies for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from out of any negligent act or omission in its performance of this Agreement, Agreement (not involving knowing and willful misconduct) shall be limited to the amount of direct damage actually incurred. In no event Absent such knowing and willful misconduct, neither Party shall any Party be liable to the other Parties for any indirect, special, consequential, special or punitive damagesconsequential damage of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for anticipated or lost profits, interest, penalties or for any consequential, indirect, incidental, special, consequentialexemplary, or punitive damages in connection with the Agreement. Except for the indemnification provisions set forth in Sections 12 and 17(a)(vi), neither Party, under any circumstances, shall be liable to the other Party for any fees, including attorney or consulting fees, or any statutory damages.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Interconnection Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. SERVICE AGREEMENT NO. 2624 In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s liability to 18.1 To the other Parties for any lossmaximum extent permitted by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party will be liable to the other Parties Party for any indirectlost profits, speciallost business, consequentialindirect losses, consequential damages or punitive damagesdamages for breach of this Agreement regardless of the form of the claim.

Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, ,including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive orpunitive damages.

Limitation of Liability. Each Party’s liability to the other Parties under this Agreement for any losscause whatsoever, costregardless of the form of action (whether in contract, claim, injury, liability, or expensein tort, including reasonable attorney’s fees, relating to negligence or arising from any act or omission in its performance of this Agreement, shall otherwise) will be limited to the amount of direct damage general money damages actually incurred. In incurred by such party (and no event other relief) and shall any Party be liable to the other Parties not include liability for any indirect, special, consequential, or punitive damagesspecial damages or lost or anticipated profits or benefits, irrespective temp. rev. 5/18/21 of whether or not such party has notice that such damages have accrued or might accrue.

Limitation of Liability. Each Party’s liability to The Parties agree that the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of liable for direct damage actually incurred. In damages only and that no event Party shall any Party be liable to the other Parties for any indirect, special, consequential, incidental or punitive damagesconsequential damages in connection with the Agreement.

Limitation of Liability. Each Partyparty’s liability to the other Parties for any loss, cost, claim, injury, liability, damage or expense, expense (including reasonable attorney’s attorneys’ fees, ) relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event Absent gross negligence or knowing and willful misconduct which causes a loss, neither party shall any Party be liable to the other Parties for any indirect, special, consequential, special or punitive damagesconsequential damage of any kind whatsoever.

Limitation of Liability. Each Party’s Except in connection with injury or loss of life, each Party limits its total liability for loss or damage in connection with its actions in fulfilling its obligations under this Agreement to the other Parties for any lossactual damages or $10,000, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurredwhichever is less. In no event shall any No Party will be liable to the other Parties for any indirect, special, consequentialpunitive, or punitive damagesconsequential losses or damage.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, Any and all costs or expense, including reasonable attorney’s fees, relating to or expense incurred by a Party arising from any act or omission in its performance of this Agreement shall be borne by the Party which incurred same, and no Party shall be liable or obligated to another Party for said cost or expense. In the event any proceeding or lawsuit is brought by a Party against another Party for violation of obligations under this Agreement, the prevailing Party shall be limited entitled to the amount of direct damage actually incurred. In no event shall any Party be liable to recover its costs and reasonable attorneys’ fees from the other Parties for any indirect, special, consequential, or punitive damagesParty.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, specialincidental, consequentialspecial or consequential damages (including, but not limited to loss of profits, loss of interest or punitive damagesother financing charges or loss of use), whether arising from a termination of this Agreement or otherwise.

Limitation of Liability. Each Party’s All claims of liability to between the other Parties for any lossshall, costregardless of the form or cause of action, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In damages and in no event shall any either Party be liable to the other Parties Party or to any third party for any indirect, incidental, special, consequentialconsequential (including, without limitation, damages attributed to lost profits, loss of goodwill, or business interruption) punitive and exemplary damages, even if the other Party has been advised of the possibility of such damages.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred8.1. In no event shall any either Party be liable to the other Parties Party, whether under breach of contract, tort (including negligence), strict liability or any other theory of liability, whenever arising, for any indirectconsequential, punitive, special, consequential, or punitive damagesindirect damages of any nature.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under the Indemnification Section of the Agreement.

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this AgreementApplication/agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each To the maximum extent permitted by applicable law, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance breach of this Agreement, shall and the other Party’s sole and exclusive remedy, for any cause whatsoever and regardless of the form of action (whether in contract or in tort, including negligence) will be limited to the amount of actual, direct damage actually incurreddamages, not to exceed $10,000. In no event shall any will either Party be liable to the other Parties Party for any indirectlost profits, loss of business, or other consequential, special, consequentialincidental, indirect, exemplary or punitive damagesdamages arising out of or related to this Agreement.

Limitation of Liability. Each Party’s total liability arising out of or related to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be whether for breach of contract, or warranty, negligence, strict liability in tort or otherwise, is limited to the amount compensation of actual, personal, direct and foreseeable damage actually incurred. In no event shall any Party be liable to or loss suffered by the other Parties for any Party including damage or loss caused by the employees and shall not include indirect, special, consequential, special or punitive damages.

Limitation of Liability. (1) Each Party’s liability Party shall be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health. (2) In case of ordinary or slight negligence, each Party shall be liable only for breaches of a material contractual obligation. (3) To the other Parties extent permitted by law: a. No Party shall be liable for any losslack of commercial success, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission lost profits and indirect damages and b. Liability in its performance of this Agreement, accordance with the above clauses shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirecttypical, special, consequential, or punitive foreseeable damages.