Limitation of Xxxxxxxxx. XX NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF DATA, SERVICE INTERRUPTION, OR TRANSMISSION PROBLEMS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGES, ONLY TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED TO, AND WILL NOT EXCEED, THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ANY CLAIMS AND CAUSES OF ACTION WHATSOEVER, REGARDLESS OF THE FORMS OF THE ACTIONS, AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY.
Limitation of Xxxxxxxxx. XX NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
Limitation of Xxxxxxxxx. Xx is expressly understood and agreed by the parties hereto that (a) this Facility Lease is executed and delivered by the Trust Company not individually or personally but solely as manager of the Owner Lessor under the LLC Agreement, in the exercise of the powers and authority conferred and vested in it pursuant thereto, (b) each of the representations, undertakings and agreements herein made on the part of the Owner Lessor is made and intended not as personal representations, undertakings and agreements by the Trust Company but is made and intended for the purpose for binding only the Owner Lessor, (c) nothing herein contained shall be construed as creating any liability on the Trust Company individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto or by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall the Trust Company, be personally liable for the payment of any indebtedness or expenses of the Owner Lessor or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Owner Lessor under this Facility Lease.
Limitation of Xxxxxxxxx. Xx provision hereof, in the absence of any --- ------------------------- affirmative action by Holder to exercise this Warrant or purchase Warrant Shares, and no enumeration herein of the rights or privileges of Holder, shall give rise to any liability of Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
Limitation of Xxxxxxxxx. XXX AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF Credit Union HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Limitation of Xxxxxxxxx. XX THE FULLEST EXTENT PERMITTED BY LAW, ----------------------- NO CLAIM MAY BE MADE BY THE BORROWER AGAINST THE AGENT, ANY ISSUING BANK, ANY LENDER OR ANY AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, ATTORNEY OR AGENT OF ANY OF THEM FOR ANY PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY STATEMENT, COURSE OF CONDUCT, ACT, OMISSION, OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY). THE BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR ANY SUCH PUNITIVE DAMAGES, WHETHER SUCH CLAIM PRESENTLY EXISTS OR ARISES HEREAFTER AND WHETHER OR NOT SUCH CLAIM IS KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Limitation of Xxxxxxxxx. Xx is understood and agreed that in the event of any claim whatsoever against CONSULTANT, it’s employees, field observers, or other agents, whether based on contract, negligence or other tort, statute, or otherwise, in any way directly or indirectly resulting from or relating to the Walk-Through Survey, the PCR or performance or nonperformance of services by CONSULTANT, that, any liability of CONSULTANT, it’s employees, field observers or other agents shall be solely and exclusively limited to the amount of the fee actually paid by CLIENT.
Limitation of Xxxxxxxxx. XXX AGREE THAT THE PRICING OF OUR SERVICES REFLECTS THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN. THEREFORE, YOU AGREE THAT IN NO EVENT, REGARDLESS OF WHETHER THE CLAIM IS ASSERTED BY YOU OR YOUR CUSTOMER, SHALL CLOUD JUMPER, ITS AFFILIATES, ITS SUBSIDIARIES, ITS OWNERS, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS CONTRACTORS, ITS AGENTS, ITS VENDORS, OR ITS PARTNERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE RESULTING FROM LOST DATA, DELAY, OR INTERRUPTION IN SERVICES OR DAMAGES RESULTING FROM PERSONAL INJURY OR
Limitation of Xxxxxxxxx xxx's Liability. XXxxxxxxx.xxx will use its --------------------------------------- commercially reasonable best endeavors to provide reliable technical support through the HelpDesk Services in a reasonable and workmanlike manner. The Company, however, acknowledges that, because of the nature of the HelpDesk Services and the manner in which Customers may use and alter the use of their computers, XXxxxxxxx.xxx cannot assure the Company or Customers that the HelpDesk Services will be correct or effective. In no event will XXxxxxxxx.xxx or any of its officers, directors, employees, shareholders or representatives be liable for any special, indirect, incidental, exemplary or consequential damages, even if XXxxxxxxx.xxx has been notified of the possibility or likelihood of such damages occurring, regardless of the form of action, arising out of or related to the performance of the Agreement, except for those caused by the gross negligence or willful misconduct of XXxxxxxxx.xxx, its employees or agents, provided that the foregoing shall not limit XXxxxxxxx.xxx's obligation under Section 5 to indemnify, defend and hold the Company harmless against amounts payable to third parties. In no event will XXxxxxxxx.xxx's liability for any damages to the Company or any third party ever exceed the amount received by XXxxxxxxx.xxx under this Agreement, regardless of the form of action.
Limitation of Xxxxxxxxx. Xx claim may be made by the Parent or the Company or any other Person against the Administrative Agent, the Collateral Agent or any Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or the other Finance Documents, or any act, omission or event occurring in connection therewith; and the Parent and the Company each hereby waives, releases and agrees not to xxx and shall cause each of its Subsidiaries to waive, release or agree not to xxx (if required), upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
