Common use of LIMITATION OF REMEDY AND LIABILITY Clause in Contracts

LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY THIS AGREEMENT) SHALL BE LIMITED TO REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 7. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR THE SPECIFIC PULP GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, AND COST OF CAPITAL.

LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY UNDER THIS AGREEMENT) AGREEMENT SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE SET FORTH IN SECTION 79 ABOVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR TO BUYER OF THE SPECIFIC PULP GOODS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER XXXXX AGREES THAT IN NO EVENT EVENT, SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT SHALL NOT BE LIMITED TOWITHOUT LIMITATION, DAMAGES BASED ON: (I) LOSS OF ANTICIPATED REVENUE OR PROFITS, ; (II) LOSS OF USE, LOSS OF REVENUEUSE OR DATA; (III) DELAY IN PERFORMANCE; AND (IV) THIRD PARTY CLAIMS AGAINST SELLER RELATED TO THE GOODS SUPPLIED TO BUYER. SELLER AND BUYER AGREE THAT THE LIMITATIONS SET FORTH IN THIS PROVISION SHALL BE ENFORCED TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, AND COST TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXTEND TO THE BENEFIT OF CAPITALSELLER’S SUPPLIERS.

LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY UNDER THIS AGREEMENT) AGREEMENT SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE SET FORTH IN SECTION 79 ABOVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR TO BUYER OF THE SPECIFIC PULP GOODS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT EVENT, SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT SHALL NOT BE LIMITED TOWITHOUT LIMITATION, DAMAGES BASED ON: (I) LOSS OF ANTICIPATED REVENUE OR PROFITS, ; (II) LOSS OF USE, LOSS OF REVENUEUSE OR DATA; (III) DELAY IN PERFORMANCE; AND (IV) THIRD PARTY CLAIMS AGAINST SELLER RELATED TO THE GOODS SUPPLIED TO BUYER. SELLER AND BUYER AGREE THAT THE LIMITATIONS SET FORTH IN THIS PROVISION SHALL BE ENFORCED TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, AND COST TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXTEND TO THE BENEFIT OF CAPITALSELLER’S SUPPLIERS.

LIMITATION OF REMEDY AND LIABILITY. Opti Temp SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH REMEDIES OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY BUYER SET FORTH IN THIS AGREEMENT) SHALL BE LIMITED TO REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 7AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S Opti Temp’s LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR TO BUYER OF THE SPECIFIC PULP GOODS MANUFACTURED OR SERVICES PROVIDED BY Opti Temp GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S Opti Temp’s LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, INCLUDE BUT SHALL NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USEREVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, LOSS OF REVENUEFUEL AND POWER, AND COST CLAIMS OF CAPITALBUYER’S CUSTOMERS.

LIMITATION OF REMEDY AND LIABILITY. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY THIS AGREEMENT) SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 75. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR TO BUYER OF THE SPECIFIC PULP GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “"CONSEQUENTIAL DAMAGES” " SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, REVENUE AND COST OF CAPITAL.

LIMITATION OF REMEDY AND LIABILITY. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH REMEDIES OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY BUYER SET FORTH IN THIS AGREEMENT) SHALL BE LIMITED TO REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 7AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR TO BUYER OF THE SPECIFIC PULP GOODS MANUFACTURED, CONSULTING SERVICES OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, INCLUDE BUT SHALL NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USEREVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, LOSS OF REVENUEFUEL AND POWER, AND COST CLAIMS OF CAPITALBUYER’S CUSTOMERS.

LIMITATION OF REMEDY AND LIABILITY. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY THIS AGREEMENT) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 76. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR TO BUYER OF THE SPECIFIC PULP GOODS AND SERVICES DELIVERED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, REVENUE AND COST OF CAPITAL.