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 143 contracts
Samples: Resale Agreement, Resale Agreement, 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 (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 59 contracts
Samples: Agreement, Agreement, Agreement (Birch Telecom Inc /Mo)
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 51 contracts
Samples: MFN 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 20 contracts
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
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: Agreement, Agreement (Itc Deltacom Inc), 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, 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 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 would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)) consequential damages.
Appears in 4 contracts
Samples: Collocation and Resale Agreement, Collocation and Resale Agreement, Collocation and Resale 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
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: General Terms and Conditions, General Terms and Conditions, psc.ky.gov
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: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
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: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
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 3 contracts
Samples: MFN Agreement, MFN Agreement, General Terms and Conditions
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
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
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
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
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: General Terms and Conditions, General Terms and Conditions
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 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: 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: 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
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: Agreement (Bti Telecom Corp)
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: 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: psc.ky.gov
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
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: 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 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: 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)have
Appears in 1 contract
Samples: 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 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 would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)) consequential damages.
Appears in 1 contract
Samples: Collocation and Resale Agreement