Common use of Limitation of Publisher Liability Clause in Contracts

Limitation of Publisher Liability. If Publisher fails to perform its services hereunder, its entire liability to the Company shall not exceed the lesser of: (a) the amount of cash payment Publisher has received from the Company excluding any non-refundable deposits and or (b) the actual and direct damage to the Company as a result of such non-performance. IN NO EVENT WILL PUBLISHER OR PARTNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES NOR FOR ANY CLAIM AGAINST THE COMPANY BY ANY PERSON OR ENTITY ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ADVERTISING AND PUBLICITY ACTIVITIES UNDERTAKEN.

Appears in 1 contract

Samples: Publicity Agreement (Inyx Inc)

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Limitation of Publisher Liability. If Publisher fails to perform its services hereunder, its entire liability to the Company shall not exceed the lesser of: (a) the amount of cash payment Publisher has received from the Company excluding any non-refundable deposits and or (b) the actual and direct damage to the Company as a result of such non-performance. IN NO EVENT WILL PUBLISHER OR PARTNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES NOR FOR ANY CLAIM AGAINST THE COMPANY BY ANY PERSON OR ENTITY ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ADVERTISING AND PUBLICITY ACTIVITIES UNDERTAKENAGREEMENT.

Appears in 1 contract

Samples: Publicity Agreement (Spectrum Sciences & Software Holdings Inc)

Limitation of Publisher Liability. If Publisher fails to perform its services hereunder, its entire liability to the Company shall not exceed the lesser of: (a) the amount of cash payment Publisher has received from the Company excluding any non-refundable deposits and or (b) the actual and direct damage to the Company as a result of such non-performance. IN NO EVENT WILL PUBLISHER OR PARTNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES NOR FOR ANY CLAIM AGAINST THE COMPANY BY ANY PERSON OR ENTITY ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ADVERTISING AND PUBLICITY ACTIVITIES UNDERTAKENAGREEMENT.

Appears in 1 contract

Samples: Publicity Agreement (Rapidtron Inc)

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Limitation of Publisher Liability. If Publisher fails to perform its services hereunder, its entire liability to the Company shall not exceed the lesser less of: (a) the amount of cash payment Publisher has received from the Company excluding any non-refundable deposits and or (b) the actual and direct damage to the Company as a result of such non-performance. performance IN NO EVENT WILL PUBLISHER OR PARTNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES DAMES NOR FOR ANY CLAIM AGAINST THE COMPANY BY ANY PERSON OR ENTITY ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ADVERTISING AND PUBLICITY ACTIVITIES UNDERTAKENAGREEMENT.

Appears in 1 contract

Samples: Publicity Agreement (Aberdene Mines LTD)

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