Limitation to Liability. As between the Parties, neither Party shall be liable to the other in connection with any Claim for any special, incidental, indirect, exemplary, punitive, or consequential loss or damages even if the Party has been advised of the possibility of such loss or damage in advance, provided that this Section 9.2 shall not apply to limit the liability of the Service Provider under Sections 6.1 and 6.2.
Limitation to Liability. 14.1. This clause 14 sets out the entire financial liability of Comtact (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: o any breach of the Contract; o any use made by the Customer of the Services or the Products; and o any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
Limitation to Liability. Notwithstanding anything to the contrary in this Agreement:
Limitation to Liability. Notwithstanding anything to the contrary in this Agreement and except in the case of fraud or deliberate breach by a Party in connection with the transactions contemplated under this Agreement:
Limitation to Liability. The Seller’s liability from a breach of the Seller’s Representations is limited to 50% of the Purchase Price, provided that claims in relation to a breach of Seller’s Representations pursuant to § 13(b)(ii) shall be limited to 100% of the Transaction Value. The limitations on liability in this § 15 shall not apply to any liability of the Seller resulting from any intentional or wilful breach of the Seller of any of the Seller’s Representations or to the extent that such limitations are not permitted under applicable laws.
Limitation to Liability. Notwithstanding anything to the contrary in this Agreement, absent fraud, intentional misrepresentation or willful breach:
Limitation to Liability i. We are not liable for any loss, damage or injury resulting from: • Fraudulent or unauthorized use of the Service. • Any violation from you of ACH Rules. • Any defect or malfunction of your software, telephone, or internet service. • An RDFI mishandles or delays processing of any Entry transmitted by us. • Circumstances beyond our control, including force majeure events, fire, flood, or interruption of electronic services which prevent the proper completion of transactions.
Limitation to Liability. IN NO EVENT WILL XXXX BENEFITS’ LIABILITY TO AGENT, ITS EMPLOYEES OR ANY OTHER THIRD PARTY RELATED TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY AGENT TO XXXX BENEFITS DURING THE SIX (6) MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO XXXX BENEFITS’ LIABILITY THEREFORE. IN NO EVENT WILL XXXX BENEFITS BE LIABLE TO AGENT, ITS EMPLOYEES OR ANY OTHER THIRD PARTY FOR INTERRUPTION IN THE AVAILABILITY OR OPERATION OF WEBSITE OR XXXX BENEFITS SYSTEM INCLUDING WITHOUT LIMITATION, ANY SECURITY OR INTEGRITY FEATURES, OR FOR ANY LOST DATA.
Limitation to Liability. Except as otherwise expressly provided in this Agreement, by using the Services, You agree that any legal remedy or liability that You seek to obtain for any acts or omissions of, any individuals or other third parties will be limited to a claim against the particular individuals or other third parties who caused You harm and You agree not to attempt to impose any liability on, or seek any legal remedy from Cytix with respect to the acts or omissions of other individuals or third parties. You acknowledge and agree that, to the maximum extent permitted by applicable law, neither Cytix nor its licensors, suppliers, or contractors will be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the Terms, the use of or inability to use the Site, services from any communications or interactions with other users of the Site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cytix has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. To the maximum extent permitted by applicable law, in no event will Cytix’s total aggregate liability arising out of or relating to your use of the Site and services including, but not limited to, from your listing of your security program or vulnerability report via the services exceed the total of the amounts you have paid in relation to a specific security program via the services as a customer during the twelve (12) month period preceding the event giving rise to the liability occurred. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cytix and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not fully apply to you, in which case you agree this provision should be applied to the maximum extent permitted by law. You understand and agree that the nature of pentesting may cause harm or disruption to program(s) and that neither Cytix nor any third-party shall have any liability of any kind arising out o...
Limitation to Liability. 8.1 The Seller shall not be liable for lost profit, operating loss or other indirect losses which occur as a consequence of delay or defects in the product, just as claims for compensation towards the Seller shall never exceed the invoice amount for the equipment sold.
