Common use of LIMITATION OF REMEDIES AND LIABILITY Clause in Contracts

LIMITATION OF REMEDIES AND LIABILITY. A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM. B. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE HP INFORMATION PROVIDED HEREUNDER. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. HP MAKES NO WARRANTY FOR PRODUCT DEFECTS RESULTING FROM: (1) IMPROPER OR INADEQUATE MAINTENANCE BY SM; (2) UNAUTHORIZED MODIFICATIONS BY SM; (3) IMPROPER SITE PREPARATION AND (4) UNAUTHORIZED MAINTENANCE OR REPAIR. D. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. HP will not be liable for any damages in connection with the HP furnishing of or SM's use of HP information. E. SM is responsible for protection of its own sensitive data and HP shall not be liable for any confidential, proprietary or personal information contained in a product SM returns to HP. F. To the extent HP is held legally liable to SM, liability of HP is limited to: 1) Payments described in Section 8 above; 2) Damages for bodily injury; 3) Direct damages to tangible property up to a limit of U.S. $1,000,000; 4) Other direct damages for any claim based on a material breach of any term in this Agreement up to a limit of U.S. $1,000,000. G. Notwithstanding Section 9. F. above, in no event will HP or its affiliates, subcontractors or suppliers be liable for any of the following: 1) Actual loss or direct damage that is not listed in 9. F. above; 2) Damages for loss of data, or software restoration; 3) Damages relating to SM's procurement of substitute products or services (i.e., “cost of cover"); or 4) Incidental, special or consequential damages (including downtime costs or lost profits, but excluding payments described in Section 8 above and damages for bodily injury). H. THE REMEDIES PROVIDED HEREIN ARE SM'S SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF REMEDIES AND LIABILITY. A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM. B. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE HP INFORMATION PROVIDED HEREUNDER. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. HP MAKES NO WARRANTY FOR PRODUCT DEFECTS RESULTING FROM: (1) IMPROPER OR INADEQUATE MAINTENANCE BY SM; (2) UNAUTHORIZED MODIFICATIONS BY SM; (3) IMPROPER SITE PREPARATION AND (4) UNAUTHORIZED MAINTENANCE OR REPAIR. D. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. HP will not be liable for any damages in connection with the HP furnishing of or SM's use of HP information. E. SM is responsible for protection of its own sensitive data and HP shall not be liable for any confidential, proprietary or personal information contained in a product SM returns to HP. F. To the extent HP is held legally liable to SM, liability of HP is limited to: 1) Payments described in Section 8 above; 2) Damages for bodily injury; 3) Direct damages to tangible property up to a limit of U.S. Canada $1,000,000; 4) Other direct damages for any claim based on a material breach of any term in this Agreement up to a limit of U.S. Canada $1,000,000. G. Notwithstanding Section 9. F. above, in no event will HP or its affiliates, subcontractors or suppliers be liable for any of the following: 1) Actual loss or direct damage that is not listed in 9. F. above; 2) Damages for loss of data, or software restoration; 3) Damages relating to SM's procurement of substitute products or services (i.e., “cost of cover"); or 4) Incidental, special or consequential damages (including downtime costs or lost profits, but excluding payments described in Section 8 above and damages for bodily injury). H. THE REMEDIES PROVIDED HEREIN ARE SM'S SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF REMEDIES AND LIABILITY. A. SM X. XX is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM. B. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE HP INFORMATION PROVIDED HEREUNDER. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. HP MAKES NO WARRANTY FOR PRODUCT DEFECTS RESULTING FROM: (1) IMPROPER OR INADEQUATE MAINTENANCE BY SM; (2) UNAUTHORIZED MODIFICATIONS BY SM; (3) IMPROPER SITE PREPARATION AND (4) UNAUTHORIZED MAINTENANCE OR REPAIR. D. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. HP will not be liable for any damages in connection with the HP furnishing of or SM's use of HP information. E. SM is responsible for protection of its own sensitive data and HP shall not be liable for any confidential, proprietary or personal information contained in a product SM returns to HP. F. To the extent HP is held legally liable to SM, liability of HP is limited to: 1) Payments described in Section 8 above; 2) Damages for bodily injury; 3) Direct damages to tangible property up to a limit of U.S. $1,000,000; 4) Other direct damages for any claim based on a material breach of any term in this Agreement up to a limit of U.S. $1,000,000. G. Notwithstanding Section 9. F. above, in no event will HP or its affiliates, subcontractors or suppliers be liable for any of the following: 1) Actual loss or direct damage that is not listed in 9. F. above; 2) Damages for loss of data, or software restoration; 3) Damages relating to SM's procurement of substitute products or services (i.e., “cost of cover"); or 4) Incidental, special or consequential damages (including downtime costs or lost profits, but excluding payments described in Section 8 above and damages for bodily injury). H. THE REMEDIES PROVIDED HEREIN ARE SM'S SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF REMEDIES AND LIABILITY. A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM. B. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE HP INFORMATION PROVIDED HEREUNDER. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. HP MAKES NO WARRANTY FOR PRODUCT DEFECTS RESULTING FROM: (1) IMPROPER OR INADEQUATE MAINTENANCE BY SM; (2) UNAUTHORIZED MODIFICATIONS BY SM; (3) IMPROPER SITE PREPARATION AND (4) UNAUTHORIZED MAINTENANCE OR REPAIR. D. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. HP will not be liable for any damages in connection with the HP furnishing of or SM's use of HP information. E. SM is responsible for protection of its own sensitive data and HP shall not be liable for any confidential, proprietary or personal information contained in a product SM returns to HP. F. To the extent HP is held legally liable to SM, liability of HP is limited to: 1) Payments payments described in Section 8 above; 2) Damages damages for bodily injury; 3) Direct direct damages to tangible property up to a limit of U.S. $1,000,000; 4) Other other direct damages for any claim based on a material breach of any term in this Agreement up to a limit of U.S. $1,000,000. G. F. Notwithstanding Section 9. F. 9 e) above, in no event will HP or its affiliates, subcontractors or suppliers be liable for any of the following: 1) Actual actual loss or direct damage that is not listed in 9. F. 9 e) above; 2) Damages damages for loss of data, or software restoration; 3) Damages damages relating to SM's procurement of substitute products or services (i.e., “cost ,"cost of cover"); or 4) Incidentalincidental, special or consequential damages (including downtime costs or lost profits, but excluding payments described in Section 8 above and damages for bodily injury). H. G. THE REMEDIES PROVIDED HEREIN ARE SM'S SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF REMEDIES AND LIABILITY. A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM. B. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE makes no warranty or representation of any kind with regard to the HP INFORMATION PROVIDED HEREUNDERinformation provided hereunder. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEspecifically disclaims the implied warranties or conditions of merchantable quality and fitness for a particular purpose, in fact or in law. C. HP MAKES NO WARRANTY FOR PRODUCT DEFECTS RESULTING FROMmakes no warranty or representation for product defects resulting from: (1) IMPROPER OR INADEQUATE MAINTENANCE BY improper or inadequate maintenance by SM; (2) UNAUTHORIZED MODIFICATIONS BY unauthorized modifications by SM; (3) IMPROPER SITE PREPARATION AND improper site preparation and (4) UNAUTHORIZED MAINTENANCE OR REPAIRunauthorized maintenance or repair. D. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. HP will not be liable for any damages in connection with the HP HP's furnishing of or SM's use of HP information. E. SM is responsible for protection of its own sensitive data and HP shall not be liable for any confidential, proprietary or personal information contained in a product SM returns to HP. F. To the extent HP is held legally liable to SM, HP's liability of HP is limited to: 1) Payments payments described in Section 8 10 above; 2) Damages damages for bodily injury; 3) Direct direct damages to tangible property up to a limit of U.S. CAN. $1,000,000; 4) Other other direct damages for any claim based on a material breach of any term in this Agreement up to a limit of U.S. CAN. $1,000,000. G. F. Notwithstanding Section 9. F. 11 e) above, in no event will HP or its affiliates, subcontractors or suppliers be liable for any of the following: 1) Actual actual loss or direct damage that is not listed in 9. F. 11 e) above; 2) Damages damages for loss of data, or software restoration; 3) Damages damages relating to SM's procurement of substitute products or services (i.e., “cost ,”cost of cover"”); or 4) Incidentalincidental, special special, consequential, punitive or consequential exemplary losses, damages or expenses of any kind (including downtime costs or lost profits, lost savings, business interruption, lost data or any other commercial or economic loss of any kind, but excluding payments described in Section 8 10 above and damages for bodily injury)) even if it has been advised of their possible existence, or even if same were reasonably foreseeable. H. G. THE REMEDIES PROVIDED HEREIN ARE SM'S SOLE AND EXCLUSIVE REMEDIES.