Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
Limitations of Liability and Remedies. For any material breach of this Agreement by HP, Customer's remedy and HP's liability will be limited to a refund of price paid for this Agreement for the products at issue. HP will not be liable for performance delays or for nonperformance due to causes beyond its reasonable control, including when product or parts are not available. To the extent HP is held legally liable to Customer, HP's liability is limited to damages for bodily injury and damages to tangible property up to the limit of $300,000 (U.S.) and other direct damages for any claim based on a material breach of support services, up to a maximum of the support charges paid by Customer for this Agreement for the products at issue. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
Limitations of Liability and Remedies. EXCEPT PURSUANT TO THE INDEMNITY OBLIGATIONS OF SECTION 9, OR FOR A MATERIAL BREACH OF A PARTY’S OBLIGATIONS UNDER SECTIONS 12 OR 13, OR FOR INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY RIGHTS OF A PARTY HEREUNDER, (A) NO PARTY, NOR ITS AFFILIATES NOR EMPLOYEES, OFFICERS, REPRESENTATIVES NOR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, COSTS, OR LIABILITIES ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF THAT PARTY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS; AND (B) DAMAGES IN CONNECTION WITH CLAIMS UNDER THIS AGREEMENT SHALL BE LIMITED TO ($1,000,000) ONE MILLION DOLLARS.
Limitations of Liability and Remedies. IN NO EVENT SHALL HELENA, ITS LICENSORS, AGENTS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY REASON WHATSOEVER. UNDER NO CIRCUMSTANCES OR THEORIES, INCLUDING NEGLIGENCE OR BREACH OF CONTRACT, WILL HELENA OR ITS LICENSORS, AGENTS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PERSON FOR ANY LOST PROFITS, BUSINESS OR GOODWILL, OR FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, THAT ARE IN ANY WAY RELATED TO, OR ARISE OUT OF, THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO OR OUT OF ANY PERFORMANCE OR NONPERFORMANCE BY XXXXXX, LOSS OF INFORMATION, POOR CROP PERFORMANCE, LOW YIELDS, OR LOW CROP REVENUES, OR CUSTOMER’S USE OR INABILITY TO USE THE SERVICES FOR ANY REASON AND FOR ANY PURPOSE WHATSOEVER, EVEN IF XXXXXX KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF ANY OF THOSE DAMAGES. WITHOUT LIMITING THE FOREGOING, IN THE EVENT OF ANY ERROR OR OMISSION ON THE PART OF XXXXXX WHICH IS CORRECTABLE BY THE REPROCESSING OF INFORMATION, HELENA MAY, IF NOTIFIED IN WRITING BY CUSTOMER AS PROVIDED IN THIS AGREEMENT, REPROCESS SUCH INFORMATION WITH THE COOPERATION OF CUSTOMER (AT NO CHARGE TO CUSTOMER), AND SUCH REPROCESSING SHALL BE IN THE FULL AND COMPLETE SATISFACTION OF ALL OF CUSTOMER’S CLAIMS WITH RESPECT TO THE ERROR OR OMISSION IN QUESTION.
Limitations of Liability and Remedies. Except as such damages that may arise out of an indemnification obligation, gross negligence or willful misconduct, in no event, whether as a result of breach of contract, warranty, tort (including, without limitation, negligence), duty of good faith and/or honest performance, strict liability, or otherwise, shall:
(a) either party and/or their Affiliates, or their respective employees, officers, directors, suppliers or subcontractors be liable for any indirect, special, consequential, incidental or punitive damages, * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. including, but not limited to: loss of profit or revenues; loss of use of the Product or any other Deliverable or any associated equipment; damage to associated equipment or affected products, components or materials; cost of capital; cost of substitute products, facilities, services or replacement equipment; down time costs; or claims of Customer's customers or contract manufacturer for such damages; and
(b) either party’s liability to the other party for any loss or damage arising out of, connected with, or resulting from the Agreement, performance or breach of the Agreement, or the Deliverables and/or Services covered by or furnished under the Agreement, exceed [*]. Seller assumes and relies upon the accuracy and completeness of any and all specifications and other information provided by Customer and/or its agents from time to time and expressly disclaims any responsibility whatsoever for any incompleteness thereof, or inaccuracies contained therein. If Seller provides any information, advice, assistance or item to Customer in relation to the Services and/or Deliverables, or any system or equipment to be used with or which relate to the Services and/or Deliverables or otherwise related to the business of Customer, and which is not required to be provided by Seller pursuant to the Agreement, the furnishing of such information, advice, assistance or item will not subject Seller to any liability, whether in contract, warranty, indemnity, tort (including, without limitation, negligence), strict liability, or otherwise, unless such information, advice, assistance or item is provided by Seller in connection with another written agreement entered into b...
Limitations of Liability and Remedies a. IN NO EVENT SHALL TNL’S AGGREGATE LIABILITY FOR ALL CASES OR CONTROVERSIES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AGGREGATE PAYMENTS ACTUALLY RECEIVED BY TNL UNDER THIS AGREEMENT. IN NO EVENT WILL TNL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT TNL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Limitations of Liability and Remedies. LICENSOR WILL HAVE NO LIABILITY TO YOU, YOUR CLIENTS, OR TO ANY OTHER THIRD PARTIES IN CONNECTION WITH ANY USE OF THE FORMS IN ANY MANNER WHATSOEVER. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL OR DAMAGES TO YOUR SYSTEMS OR DATA, WHETHER YOUR CLAIMS ARISE UNDER CONTRACT OR STATUTE, OR ARE BASED UPON A CLAIM OF STRICT LIABILITY, NEGLIGENCE OR SOME OTHER TORT CLAIM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Limitations of Liability and Remedies. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR LOST SAVINGS SUFFERED BY THE OTHER PARTY, ITS CUSTOMERS, AFFILIATES, OR CONTRACTORS, OR ANY OTHER PERSON OR ENTITY, EVEN IF SUCH PARTY OR ITS AGENTS ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations of Liability and Remedies. For any material breach of this Agreement by ATEN, Customer's remedy and ATEN's liability will be limited to a refund of price paid for this Agreement for the products at issue. ATEN will not be liable for performance delays or for nonperformance due to causes beyond its reasonable control, including when product or parts are not available. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL ATEN, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
Limitations of Liability and Remedies. EXCEPT IN CIRCUMSTANCES INVOLVING GROSS MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL ANY PARTY HERETO, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, BE LIABILE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR LOSS OF USE OF THE PURCHASED ASSETS.
