Common use of Limitations in Tariffs Clause in Contracts

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)

Appears in 145 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

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Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss Loss and (ii)

Appears in 60 contracts

Samples: Interconnection Agreement, Bellsouth® / Clec Agreement, Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)

Appears in 54 contracts

Samples: Clec Agreement, MFN Agreement, MFN Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (iI) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss Loss and (ii)

Appears in 21 contracts

Samples: Clec Agreement, Bellsouth / Clec Agreement, Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss relating to or arising out of this Agreement, whether based in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)

Appears in 14 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Bellsouth® / Clec Agreement

Limitations in Tariffs. A Subject to the provisions of 6.3.1, a Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss Loss and (ii)

Appears in 6 contracts

Samples: Clec Agreement, Interconnection Agreement (Itc Deltacom Inc), Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)and

Appears in 5 contracts

Samples: Interconnection Adoption Agreement, MFN Agreement, MFN Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)this

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Limitations in Tariffs. A Subject to the provisions of 9.3.1, a Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss Loss and (ii)

Appears in 4 contracts

Samples: Telecommunications, Clec Agreement, Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)have

Appears in 3 contracts

Samples: Clec Agreement, Clec Agreement, Bellsouth® / Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)to

Appears in 3 contracts

Samples: Clec Agreement, Clec Agreement, Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)User

Appears in 3 contracts

Samples: Bellsouth® / Clec Agreement, Resale Agreement, Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)to

Appears in 2 contracts

Samples: Resale Agreement, Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)in

Appears in 2 contracts

Samples: Telecommunications, Telecommunications

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)whether

Appears in 2 contracts

Samples: Clec Agreement, Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)Loss and

Appears in 2 contracts

Samples: Telecommunications, Clec Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (iI) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)Loss and

Appears in 2 contracts

Samples: Telecommunications, Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and Customers or third parties that relate to any service, product or function provided or contemplated under this AgreementAgreement that, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User such Customer or third Party party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that the applicable person for the service, product or function that gave rise to such loss Loss and (ii)) any

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide ---------------------- in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss Loss and (ii)

Appears in 1 contract

Samples: Telecommunications (Bti Telecom Corp)

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Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)have

Appears in 1 contract

Samples: Telecommunications

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (iI) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)that

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (i) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss Loss and (ii)

Appears in 1 contract

Samples: Interconnection Agreement (Madison River Capital LLC)

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)have

Appears in 1 contract

Samples: Telecommunications

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (iI) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)Loss

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Lawapplicable law, such Party shall not be liable to the End User customer or third Party party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)and

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)Customer or

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its respective End Users User(s) and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Lawapplicable law, such Party shall not be liable to the its End User User(s) or to any third Party for (i) any loss loss, damage, judgement or expense (“Loss”) relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and Loss (ii)

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)and

Appears in 1 contract

Samples: Resale Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users Customer and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User Customer or third Party for (iI) any loss Loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)or

Appears in 1 contract

Samples: Interconnection Agreement

Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users customers and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Lawapplicable law, such Party shall not be liable to the End User customer or third Party party for (iI) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)and

Appears in 1 contract

Samples: Interconnection Agreement

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