Limitations of Remedies and Liability. FORMIDIUM'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY REASON INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF A MONTHLY SUBSCRIPTION FEE PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CLIENT ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Limitations of Remedies and Liability. CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES SHALL DIGI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, OR REVENUE, LOSS OF USE OF EQUIPMENT OR SOFTWARE OR COST OF SUBSTITUED FACILITI ES, EQUIPMENT, SOFTWARE, OR SERVICES, RELATED IN ANY MANNER TO PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. CUSTOMER SPECIFICALLY RELEASES DIGI AND AGREES TO HOLD DIGI HARMLESS FROM ANY AND ALL COSTS (INCLUDING ATTORNEYS FEES), LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND LOSS OF LIFE ARISING OUT OF NEGLIGENCE OR RELATING TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THE AGREEMENT. ANY REMAINING LIABILITY OF DIGI SHALL BE LIMITED TO NO MORE THAN THE AMOUNT PAID BY CUSTOMER FOR SUPPORT UNDER THE SERVICE AGREEMENT DURING THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION IS A FACTOR IN THE PRICE EXTENDED TO CUSTOMER. THIS REMEDY IS IN LIEU OF ALL OTHER REMEDIES WHICH, WITHOUT THIS LIMITATION, WOULD BE AVAILABLE TO CUSTOMER.
Limitations of Remedies and Liability. EXCEPT FOR ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREUNDER, CUSTOMER’S SOLE REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY PREAPP ARE CORRECTION OF ERRORS AS SET FORTH HEREIN AND THE REPROCESSING OF ANY DATA THAT IS INCORRECT AS A RESULT OF THE BREACH. PREAPP’S TOTAL LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO ALL FEES PAID TO PREAPP BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Limitations of Remedies and Liability. EXCEPT TO THE EXTENT PROVIDED BY LAW, HHT MAKES NO EXPRESS WARRANTIES OTHER THAN THE WARRANTY SPECIFIED HEREIN. The owner’s exclusive remedy and HHT’s sole obligation under this Warranty or in contract, tort or otherwise, shall be limited to replacement of the Component Part(s), repair of the Component Part(s), or refund of the original purchase price of the applicable Product(s), as specified above; provided, however, that (i) if HHT is unable to provide replacement of the Component Part(s) and repair of the Component Part(s) is not commercially practicable or cannot be timely made, or (ii) the customer is willing to accept a refund of the purchase price of the applicable Product(s), HHT may discharge all such obligations by refunding the purchase price of the applicable Product. In no event will HHT be liable for any incidental or consequential damages caused by defects in the applicable Product. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Warranty gives you specific legal rights and you may also have other rights which vary from State to State. THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO DURATION OF THE EXPRESSED WARRANTY SPECIFIED ABOVE FOR THE APPLICABLE PRODUCT. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitations of Remedies and Liability. ARGHON'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF CUSTOMER ON A MONTHLY PAYMENT PLAN, ALL FEES PAID TO ARGHON BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE SYSTEM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CUSTOMER ON AN WEEKLY PAYMENT PLAN, ALL FEES PAID TO ARGHON BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE SYSTEM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; OR (3) IN THE CASE OF CUSTOMER USING ONLY A FREE EDITION OF THE SYSTEM, ONE HUNDRED UNITED STATES DOLLARS ($1.00).
Limitations of Remedies and Liability. EXCEPT FOR ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREUNDER, CUSTOMER’S SOLE REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY COMPANY ARE CORRECTION OF ERRORS AS SET FORTH HEREIN AND THE REPROCESSING OF ANY DATA THAT IS INCORRECT AS A RESULT OF THE BREACH AND THE APPLICATION OF ANY SERVICE LEVEL CREDITS AS DESCRIBED IN THIS AGREEMENT. EXCEPT FOR SERVICE LEVEL CREDITS APPLIED AS DESCRIBED ELSEWHERE IN THIS AGREEMENT, COMPANY’S TOTAL LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO ALL FEES PAID TO COMPANY BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Limitations of Remedies and Liability. Trinnex's total aggregate liability to Customer for any reason in connection with, or arising out of this Agreement, the Services, the Professional Services, the Platform, the Deliverables or any other materials provided hereunder, including without limitation, any data security breach or any other cyber incident and upon any cause of action including without limitation, breach of contract, gross negligence, strict liability, misrepresentations and other torts, is limited to all Fees paid to Trinnex by the Customer in respect for the deficient Services or the Professional Services during the twelve (12) months immediately preceding the events giving rise to the liability. The limitations in Section 10(e) and 10(g) apply even if they do not fully compensate Customer for any losses sustained.
Limitations of Remedies and Liability. 11.1 Nothing in this Agreement shall operate to exclude or limit Xxxx’s liability for:
a. death or personal injury caused by its negligence; or
b. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
c. fraud; or
d. any other liability which cannot be excluded or limited under applicable law.
11.2 Josa shall not be liable to the Client for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
11.3 Subject to Clause 11.1, Xxxx’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total of the Fees payable by the Client to Josa under this Agreement in that calendar year.
11.4 The Client shall indemnify Josa from and against any costs, claims, expenses or losses suffered by Xxxx as a result of any claim in relation to the Client Services.
Limitations of Remedies and Liability. 15 6.1 Acknowledgments of Buyer and Seller ...................................................................................... 16 6.2 Buyer’s Remedies Against Seller ............................................................................................... 16 6.3 Seller’s Remedies Against Buyer ............................................................................................... 16
Limitations of Remedies and Liability. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY FOTO OF ITS OBLIGATION TO PROVIDE REPORTS AND SERVICES IN ACCORDANCE WITH AN ORDER FORM IS FOR FOTO TO RE- PERFORM THE DEFECTIVE SERVICES OR CORRECT THE DEFECTIVE REPORTS WITHIN ONE WEEK OF REPORT TO FOTO OF SAID BREACH. FOTO'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO THE MONEY PAYABLE TO FOTO IN RESPECT OF THE REPORT OR SERVICES GIVING RISE TO THE LIABILITY UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. ALL LIABILITY UNDER THIS AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT.
9. General
