Common use of Limitations of Damages Clause in Contracts

Limitations of Damages. Except where damages are expressly provided for under this Agreement, Buyer may claim damages for breach of contract from the other party only upon termination for default. IN NO EVENT SHALL MADERN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES , OR ANY DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR ANY PECUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OR USE OF OR INABILITY TO OPERATE OR USE THE PRODUCTS ACQUIRED PURSUANT TO THIS AGREEMENT OR THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, ERROR, MISTAKE OR OMISSION ON THE PART OF MADERN, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES , AGENTS, CONTRACTORS, OR SUPPLIERS) STRICT LIABILITY OR OTHERWISE, EVEN IN THE EVENT MADERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation on liabilities in this Section is independent of and in addition to other provisions in this Agreement relating to remedies or liabilities and shall be enforceable even if such other provisions are unenforceable or fail of their essential purpose.

Limitations of Damages. Except where damages are expressly provided for under this Agreement, Buyer may claim damages for breach of contract from the other party only upon termination for default. IN NO EVENT SHALL MADERN XXXXX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES , OR ANY DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR ANY PECUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OR USE OF OR INABILITY XXXXX INTERNATIONAL LLC GENERAL TERMS AND CONDITIONS OF SALE TO OPERATE OR USE THE PRODUCTS ACQUIRED PURSUANT TO THIS AGREEMENT OR THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, ERROR, MISTAKE OR OMISSION ON THE PART OF MADERNXXXXX, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES , AGENTS, CONTRACTORS, OR SUPPLIERS) STRICT LIABILITY OR OTHERWISE, EVEN IN THE EVENT MADERN XXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation on liabilities in this Section is independent of and in addition to other provisions in this Agreement relating to remedies or liabilities and shall be enforceable even if such other provisions are unenforceable or fail of their essential purpose.

Limitations of Damages. Except where damages are expressly provided for under this Agreement, Buyer may claim damages for breach of contract from the other party only upon termination for default. IN NO EVENT SHALL MADERN BE LIABLE LIA- BLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL CONSEQUEN- TIAL DAMAGES , OR ANY DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR ANY PECUNIARY PE- CUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OR USE OF OR INABILITY INABIL- ITY TO OPERATE OR USE THE PRODUCTS PROD- UCTS ACQUIRED PURSUANT TO THIS AGREEMENT OR THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACTCON- TRACT, TORT (INCLUDING NEGLIGENCENEGLI- GENCE, ERROR, MISTAKE OR OMISSION ON THE PART OF MADERN, ITS AFFILIATESAFFILI- ATES, SUBSIDIARIES, EMPLOYEES , AGENTS, CONTRACTORS, OR SUPPLIERS) STRICT LIABILITY OR OTHERWISE, EVEN IN THE EVENT MADERN HAS BEEN ADVISED AD- VISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation on liabilities in this Section is independent of and in addition to other provisions provi- sions in this Agreement relating to remedies or liabilities and shall be enforceable even if such other provisions are unenforceable or fail of their essential purpose.

Limitations of Damages. Except where damages are expressly provided for under this Agreement, Buyer Xxxxx may claim damages for breach of contract from the other party only upon termination for default. IN NO EVENT SHALL MADERN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES , OR ANY DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR ANY PECUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OR USE OF OR INABILITY TO OPERATE OR USE THE PRODUCTS ACQUIRED PURSUANT TO THIS AGREEMENT OR THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, ERROR, MISTAKE OR OMISSION ON THE PART OF MADERN, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES , AGENTS, CONTRACTORS, OR SUPPLIERS) STRICT LIABILITY OR OTHERWISE, EVEN IN THE EVENT MADERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation on liabilities in this Section is independent of and in addition to other provisions in this Agreement relating to remedies or liabilities and shall be enforceable even if such other provisions are unenforceable or fail of their essential purpose.