LIMITATION OF REMEDIES AND LIABILITIES. BUYER AGREES THAT SELLER’S LIABILITY AND BUYER’S SOLE AND EXCLUSIVE REMEDY PURSUANT TO ANY CLAIM OF ANY KIND HEREUNDER OR RELATION TO THE GOODS DELIVERED BY SELLER TO BUYER, INCLUDING WITHOUT LIMITATION ANY CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AGAINST SELLER OR ANY OF ITS AFFILIATES, SHALL BE (A) THE REPAIR OR REPLACEMENT AT SELLER’S OPTION OF DEFECTIVE GOODS, OR (B) IN SELLER’S SOLE DISCRETION, A REFUND OF THE PRICE ALLOCABLE TO THE DEFECTIVE GOODS. UNDER NO CIRCUMSTANCES SHALL SELLER OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
LIMITATION OF REMEDIES AND LIABILITIES. BUYER’S SOLE AND EXCLUSIVE REMEDY, AND SELLER’S SOLE LIABILITY, FOR ANY BREACH OF WARRANTY OR NONCONFORMITY IN MATERIALS SUPPLIED SHALL BE FOR SELLER, AT ITS OPTION, TO REPLACE OR REFUND THE PURCHASE PRICE OF ANY SUCH DEFECTIVE OR NONCONFORMING GOODS. TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, IN NOT EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, AND SELLER’S LIABILITY SHALL IN NO EVENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED EXCEED THE PURCHASE PRICE OF THE GOODS RECEIVED BY SELLER UNDER THE INVOICE FOR THE GOODS WHICH GIVE RISE TO THE CLAIM OR THE COST OF GOODS SHIPPED IN AN AVERAGE ONE MONTH PERIOD, WHICHEVER IS LESS. SELLER SHALL HAVE NO LIABILITY TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, BUYER’S CUSTOMER(S) AND/OR END USERS OF BUYER’S PRODUCTS. XXXXX’S REMEDY OF REPLACEMENT OR REFUND FOR NONCONFORMING GOODS AS PROVIDED IN THIS PARAGRAPH 13 IS EXCLUSIVE OF ALL OTHER REMEDIES AT LAW OR IN EQUITY.
LIMITATION OF REMEDIES AND LIABILITIES. CUSTOMER AND PSS ACKNOWLEDGE THAT THE FOLLOWING PROVISIONS REFLECT A FAIR ALLOCATION OF RISK:
LIMITATION OF REMEDIES AND LIABILITIES. The Companies agree that Century's liability and the Companies' sole and exclusive remedy pursuant to any claim of any kind, including but not limited to a claim in contract, negligence, professional malpractice or strict liability, against Century or any of its affiliates, shall be the re-performance of the Support Services or Additional Services during the Term. UNDER NO CIRCUMSTANCES SHALL CENTURY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER OF ANY KIND FOR ANY COMPENSATORY, EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE, LOST PRODUCTION, OR CONSEQUENTIAL PROPERTY DAMAGE; COST OF CAPITAL; COST OF REPLACEMENT EQUIPMENT; OR CLAIMS RESULTING FROM OR ARISING OUT OF THIS AGREEMENT IN ANY MANNER.
LIMITATION OF REMEDIES AND LIABILITIES. The parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk:
LIMITATION OF REMEDIES AND LIABILITIES. 15.1. The remedies provided herein are Customer’s sole and exclusive remedies. In no event shall COMPANY NAME be liable for direct, indirect, special incidental or consequential damages including lost profits unles s it is established that the damages were caused due to negligence and non-performance on the part of COMPANY NAME .
LIMITATION OF REMEDIES AND LIABILITIES. Any claim by Buyer for breach of this Contract must be made in writing promptly, but no later than thirty
LIMITATION OF REMEDIES AND LIABILITIES. EXCEPT AS PROVIDED HEREIN OR IN SECTION XIII, PICTURETEL'S MAXIMUM LIABILITY WILL BE LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT CAUSED SOLELY BY THE ACTS OR OMISSIONS OF PICTURETEL, SUBJECT TO A MAXIMUM LIABILITY OF THE GREATER OF $25,000 OR THE AMOUNT PAID FOR THE SPECIFIC PRODUCT WHICH DIRECTLY CAUSED SUCH DAMAGE. IN NO EVENT WILL PICTURETEL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF PICTURETEL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SAME. NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS HEREBY INTENDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY.
LIMITATION OF REMEDIES AND LIABILITIES. 7.1 Overall Limitation of Liability
LIMITATION OF REMEDIES AND LIABILITIES a. Seller will be liable for damage to tangible property per incident up to $300,000, and for damages for bodily injury or death, to the extent a court of competent jurisdiction has determined that a Deliverable provided hereunder is defective and has directly caused such damages.
