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 143 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 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

Samples: Agreement, Agreement, 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: Agreement, Agreement, 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: 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

Samples: Agreement, Agreement, 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: 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

Samples: Agreement, 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: Agreement, 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: Agreement, 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: Agreement, 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)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

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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 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

Samples: 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 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

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