LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee, payable in advance.
LIMITATION ON LIABILITY AND DAMAGES. IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOSS OF BUSINESS, WHETHER FORESEEABLE OR NOT), OCCASIONED BY ANY BREACH OF THE AGREEMENT OR ANY OTHER CAUSE ARISING UNDER OR DIRECTLY RELATING TO THE AGREEMENT. LICENSEE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE FUNCTION, PERFORMANCE AND AVAILABILITY OF COMPRESSION, ENCRYPTION, COPY PROTECTION OR OTHER TECHNOLOGIES AND/OR EQUIPMENT (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE SATELLITES, CHANNELS OR OTHER ASSOCIATED EQUIPMENT). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL ALSO APPLY TO THE MANUFACTURER OF THE SATELLITE(S) UTILIZED BY THE LICENSED SERVICE (AND ALL AFFILIATES THEREOF). THE FOREGOING LIMITATION SHALL NOT LIMIT EITHER PARTY’S OBLIGATIONS TO INDEMNIFY AS TO THIRD PARTY CLAIMS.
LIMITATION ON LIABILITY AND DAMAGES. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. California law provides that we may not include any limitation on the amount of damages in this agreement for any alleged failure to comply with Section 7196 of the California Business and Professional Code. As to other claims, we assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In those other cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You acknowledge that these liquidated damages are not a penalty, but that we intend them to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee of $ , payable in advance.
LIMITATION ON LIABILITY AND DAMAGES. EXCEPT WITH RESPECT TO OBLIGATIONS OF INDEMNIFICATION OR A BREACH OF ARTICLE 14, IN NO EVENT SHALL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY, OR UNDER ANY STATUTE, OR ON ANY OTHER BASIS FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES SUSTAINED BY THE OTHER PARTY ARISING OUT OF SUCH PARTY’S PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION ON LIABILITY AND DAMAGES. BSA’S ENTIRE LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE BSA SOFTWARE PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR USE, OPERATION AND/OR FAILURE TO OPERATE), PROFESSIONAL SERVICES, MAINTENANCE AND SUPPORT, ANY THIRD-PARTY PERFORMANCE OR LACK THEREOF, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, SHALL BE ABSOLUTELY LIMITED IN THE AGGREGATE FOR ALL CLAIMS TO DIRECT DAMAGES NOT IN EXCESS OF THE INITIAL SAAS FEES PAID FOR THE FIRST YEAR OF SERVICE OF THE BSA SOFTWARE PRODUCTS PLUS, TO THE EXTENT APPLICABLE, THE PURCHASE PRICE OF ANY PROFESSIONAL SERVICE SET FORTH IN THIS AGREEMENT THAT GIVES RISE TO A CLAIM. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, BSA SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR CONTINGENT DAMAGES OR EXPENSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS AGREEMENT, BSA SOFTWARE PRODUCTS, ANY THIRD-PARTY PERFORMANCE, OR LACK THEREOF, OR BSA’S PERFORMANCE, OR LACK THEREOF, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OF REVENUE, PROFIT, OR LOSS OF USE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS SET FORTH HEREIN, THE LIABILITY AND DAMAGES SHALL BE LIMTED AND RESTRICTED TO THE EXTENT PERMITTED BY LAW.
LIMITATION ON LIABILITY AND DAMAGES. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. Wisconsin law provides we may not include any limitation on the amount of damages in this agreement for any alleged failure to comply with Wisconsin’s Standards of Practice. As to other claims, we assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In those other cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You acknowledge that these liquidated damages are not a penalty, but that we intend them to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee of $ , payable in advance.
LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and
LIMITATION ON LIABILITY AND DAMAGES. 9. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than One and a Half (1.5) times the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damage is not a penalty, but that we intend it to:
LIMITATION ON LIABILITY AND DAMAGES. Except for breaches of Section 8 A. Disabling Code BSA’s entire liability and responsibility for any and all claims, damages, or losses arising from the BSA software products (including but not limited to their use, operation, and/or failure to operate), professional services, maintenance and support, any third-party performance or lack thereof, or otherwise arising out of or relating to this agreement, shall be absolutely limited to direct damages not in excess of the greater of (i) $203,000; or, (ii) the amount of insurance proceeds actually available without reservation at the time of settlement or judgment to cover the claim(s), damages or losses by the customer under insurance placed or provided pursuant to this agreement. For avoidance of doubt, and without limiting any obligation of any insurer, customer shall not have recourse against BSA for amounts unfunded by insurance proceeds in excess of $203,000. Notwithstanding any provision contained herein, BSA shall not be liable for any indirect, consequential, special, incidental, or contingent damages or expenses, whether in contract, tort (including negligence) or otherwise, arising in any way out of this agreement, BSA software products, any third-party performance, or lack thereof, or BSA’s performance, or lack thereof, under this agreement, including without limiting the generality of the foregoing, loss of revenue, profit, or use. To the extent that applicable law does not permit the limitations set forth herein, the liability and damages shall be limited and restricted to the extent permitted by law.
LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. You waive any claim for consequential, exemplary, special, or incidental damages or for the loss of the use of the home/building.
