Limitation on Amount of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CABC’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, INCLUDING BREACH OF WARRANTY OR NEGLIGENCE, AND EVEN IF CABC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
Limitation on Amount of Damages. It is understood and agreed that a ------------------------------- Party's liability to the other Party or any other person for damages, injuries, losses, costs or expenses of any kind, however caused, based on or arising from or in connection with this Services Agreement, any termination hereof, the subject matter hereof, the performance (or non-performance) of any of the FDT Services or other service or obligation hereunder, whether arising in contract or tort (including as a result of negligence or strict liability), and whether or not such Party shall have been informed, or might have anticipated the possibility of any such damage, loss, cost or expense (collectively, "Losses and Expenses"), shall be limited with respect to each consecutive twelve (12) month period during the Term commencing with the Effective Date, to the direct CONFIDENTIAL - DO NOT DISCLOSE damages actually incurred by such Party or person, or consequential damages incurred by either Party as a result of the misappropriation or misuse of Confidential Information, and shall be recoverable if, and only to the extent such Losses and Expenses exceed two hundred fifty thousand dollars ($250,000); and provided further, that the aggregate amount required to be paid by a Party -------- ------- to the Party or any other person for all such Losses and Expenses shall not exceed during the first year following the Effective Date, thirteen million dollars ($13,000,000), and for every year thereafter, the lesser of fifteen million dollars ($15,000,000) or FDT's revenues under this Services Agreement for the twelve (12) month period immediately preceding the date of the event giving rise to the claim. The foregoing limitations shall not apply to amounts for charges including the fees and charges in Schedule 1.27, otherwise due and ------------- payable under this Services Agreement.
Limitation on Amount of Damages. [49] In no event shall University’s liability to Licensee exceed the payments made to University by the Licensee during the 6 months prior to the event that gave rise to the claim. [49] Universities are public, non-profit research institutions supported, in part, by taxpayer funding, student tuition, and donations. As such, it is entirely reasonable and appropriate to specifically exclude these types of damages from recovery under this agreement; otherwise the University’s ability to engage in its non-profit research and education mission would be severely restricted due to the risk of this potential financial exposure, which may be difficult to evaluate until a claim arises. The University’s position on this issue is consistent with that of other public and private research universities and technology transfer offices. If the licensee does not agree to either of these provisions, you should include a specific reference to any state statutes that limit University liability.
Limitation on Amount of Damages. Except for the Parties' indemnification obligations under Paragraph 22 below, which shall not be contractually limited: (i) in no event shall either Party's aggregate liability to the other Party in respect of any and all claims arising out of or otherwise related to this Agreement exceed six million ($6,000,000); and (ii) in no event shall either Party have any liability whatsoever to the other for damages of any kind in respect of this Agreement (regardless of whether the claim for damages is grounded in contract, tort or any other legal basis) except to the extent (and there only to the extent) expressly provided in this Agreement.
Limitation on Amount of Damages. Except as provided in sections 5.3 and 5.5 of the Partnership Agreement, in no event will the cumulative damages to which either Party may be entitled under this agreement, regardless of the legal theory on which such damages may be based, exceed the amount paid (and dues accrued) by Partner to Xxxxxx in the twelve (12) months immediately preceding the date on which the claim first arose. The existence of more than one (1) claim during the term hereof will not enlarge this limit.
Limitation on Amount of Damages. With the exception of the University’s gross negligence or willful misconduct, or an overpayment made by Licensee to University, in no event shall University’s liability to Licensee exceed the payments made to University by Licensee during the [***] prior to the event that gave rise to the claim.
Limitation on Amount of Damages. Notwithstanding any other term of this Agreement, the maximum aggregate liability of the Vendor and Merrimac under this Agreement, including this Article 5, for breaches of covenants, representations or warranties made under this Agreement or any other agreement contemplated herein, shall be the amount actually paid by the Purchaser to the Vendor under this Agreement under sections 2.4(a), (b) and (d) hereof. In addition, the indemnity provided by the Vendor and Merrimac to the Purchaser in this Article 5 shall be the sole liability of the Vendor and Merrimac under this Agreement. ____________________________________
Limitation on Amount of Damages. EACH PARTY’S LIABILITY TO THE OTHER UNDER THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT FOR DIRECT DAMAGES, WILL NOT, IN ANY EVENT, EXCEED, IN THE AGGREGATE, THE FEES AND PAYMENTS PAID PURSUANT TO THIS AGREEMENT PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO EITHER PARTY’S LIABILITY FOR DIRECT DAMAGES FOR BREACH OF ARTICLE XI (CONFIDENTIALITY).
Limitation on Amount of Damages. In no event shall Network Operator be liable to Sponsored Member for any amounts in excess of the Loads by Cardholders in the immediately preceding two (2) months. The Parties have agreed on this limitation in recognition of the fact that the calculation of any actual damages would be exceedingly difficult and subject to speculation and possible abuse and that the foregoing compromises benefit both Parties equally.
Limitation on Amount of Damages. The liability of each party and its Affiliates to the other party and its Affiliates for any and all causes of action, whether in contract in tort (including breach of warranty, negligence and strict liability in tort) arising out of or in connection with this Agreement, shall not exceed, in the aggregate, the amount of the charges actually paid to NTT DATA and its Affiliates in the twelve (12) month period immediately preceding the date that the last claim giving rise to such liability arose.
