Common use of LIMITATIONS OF LIABILITIES Clause in Contracts

LIMITATIONS OF LIABILITIES. In no event shall either party have any liability for special, incidental or consequential (including loss of profits or business opportunity) damages to the other party, or any party claiming through the other party and any claims are hereby expressly waived by the other party, whether based on contract, tort, or otherwise. Absent gross negligence or willful misconduct, each party’s maximum liability to the other party as a result of or arising out of the services described shall not exceed the aggregate amount of fees paid plus any costs and expenses which are otherwise expressly provided for under the terms of this agreement. FORCE MAJEURE Both parties shall not be liable for any delay or failure to carry out this agreement due to any cause beyond its control, including labor disputes, acts of God, acts of terrorism or war, telecommunications, network or power failures, or mechanical or electronic breakdowns.