Common use of Limitation Of Remedies & Damages Clause in Contracts

Limitation Of Remedies & Damages. Hill-Rom’s total liability to Customer/end user and Customer/end user exclusive remedy for any cause whatsoever, arising out of, based on or relating to this Agreement, the Product or Services, whether based in contract, tort (including negligence), warranty or any other legal theory, shall be limited to an amount equal to the purchase price actually paid to Hill-Rom during the twelve (12) month period preceding the event giving rise to the action. HILL-ROM SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES INCLUDING LOSS OF DATA, COSTS OF RECOVERY, LOST OPPORTUNITY, LOST REVENUES OR LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING FROM CONTRACT, TORT LAW OR OTHERWISE.