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
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
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