Limitations on Liability and Damages Sample Clauses

Limitations on Liability and Damages. IN NO EVENT SHALL SHIFT4 OR ITS AFFILIATES OR ANY OF SHIFT4’S OR ITS’ AFFILIATES RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHIFT4’S AND ITS’ AFFILIATES CUMULATIVE LIABILITY FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES OR DAMAGES FOR ANY CAUSE WHATSOEVER (INCLUDING THOSE ARISING OUT OF OR RELATED TO THESE TERMS AND ANY INDEMNITIES), REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY SHIFT4 UNDER THESE TERMS FOR THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM.
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Limitations on Liability and Damages. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL THE MANUFACTURER OR THE LICENSEE OR ANY OF THEIR AFFILIATES OR RELATED PARTIES BE LIABLE TO HYDROZONIX, ITS AFFILIATES OR ITS CUSTOMERS FOR: (A) ANY MONETARY AMOUNT GREATER THAN THE TOTAL AMOUNT ACTUALLY RECEIVED BY THE MANUFACTURER OR THE LICENSEE, AS APPLICABLE, FROM HYDROZONIX FOR THE SPECIFIC UNIT GIVING RISE TO THE CLAIM, DAMAGES OR LIABILITY; OR (B) ANY LOSS OR INJURIES TO EARNINGS, PROFITS, REPUTATION OR GOODWILL, BUSINESS DISRUPTION, OR FOR ANY LOST CUSTOMERS OR SALES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER THE CLAIM OR BASIS FOR DAMAGES ARISES IN CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, AND SHALL APPLY EVEN IF THE MANUFACTURER OR THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Limitations on Liability and Damages. We do not perform engineering, architectural, plumbing, electrical, or any other job function requiring an occupational license in the jurisdiction where the property (mentioned above) is located. If we hold a valid occupational license, we may inform you of such a license and you may hire us to perform additional functions. Any performance of such additional services shall be in a separate written agreement and is not considered part of this agreement.
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Limitations on Liability and Damages. Indemnification a. Customer agrees that in no event will Dakim be liable to Customer for any lost profits, business interruption, or any indirect, consequential, special, or incidental damages arising from or relating to this Agreement, or Customer’s use of the System, Unit, Content, or Software. b. Customer agrees that Dakim’s total cumulative liability to Customer relating to this Agreement or System use will not exceed the aggregate amount Customer pays to Dakim for the Unit(s), licenses, and subscription(s) for Services. c. Dakim agrees to indemnify Customer and Customer’s affiliates, communities, agents, successors, and assigns against any and all claims of third parties that arise from Dakim’s (1) breach of this Agreement; (2) violation of any proprietary rights connected to the System, Software, or Content; or (3) negligence or misconduct related to the System or provision of Services. Customer agrees to indemnify Dakim and Dakim’s affiliates, agents, successors, and assigns against any and all claims of third parties that arise from Customer’s (1) breach of this Agreement; (2) violation of any proprietary rights connected to the System, Software, or Content; or
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Limitations on Liability and Damages. Limitation on Direct Damages..................................... 57 12.2
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Limitations on Liability and Damages. The following provisions shall apply to and shall govern any claim, action, demand, judgment or proceeding based on, arising out of, related to or in any manner con- nected with this Agreement or the subject matter hereof, regardless of the form of action: (a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR (1) CONSEQUENTIAL, IN- CIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR (2) DAM- AGES OF ANY KIND FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, OR (3) DAMAGES OF ANY KIND FOR BUSINESS INTERRUPTION, LOST OR DAMAGED DATA OR LOSS OF BUSINESS INFORMATION, GOODWILL, REPUTATION OR PRI- VACY, OR (4) COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES; INCURRED BY EITHER PARTY OR ANY THIRD PARTY, HOWEVER ARISING, WHETHER IN AN ACTION IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY OR ANY OTHER PERSON COULD REASONABLY HAVE FORESEEN THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. (b) Catapult’s entire, aggregate and cu- mulative liability to Client for damages, judgments, claims, liabilities, costs and/or expenses of any and all kinds based on, arising out of or related to any personal injuries, or damage or loss to tangible personal or real property, shall be limited to the proceeds if any availa- ble under the insurance policies identified in Schedule liability of Catapult to Client for damages, judgments, claims, liabilities, costs and/or expenses of any and all kinds based on, arising out of, related to or in any man- ner connected with this Agreement, any Schedule, any Statement of Work or any Services or Deliverable(s), exceed, in the aggregate, the fees paid by Client to Cat- apult during the preceding twelve (12) month period under the applicable Schedule or Statement of Work giving rise to such liability. Claims subject to Sections 10, 11, 12, 13(a) or 13(b) above shall be subject to and governed solely and exclusively by the provisions of those sections respectively.
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Limitations on Liability and Damages aNetworks agrees to follow reasonable industry practices and standards in providing goods and services to Client. However, both Parties acknowledge that it is impossible to guarantee the trouble-free performance of computer hardware and software, even when installed and maintained according to reasonable industry practices. Therefore, Client and aNetworks agree to certain limitations of liability and damages. In no event and under no legal theory, cause of action or claim of liability or damages shall aNetworks be liable to Client for any of the following: (a) Any consequential, incidental, exemplary, punitive, or multiple (double, treble or otherwise) damages or losses. (b) Except in the event of gross negligence by aNetworks, the loss of any of Client’s data or third party data or loss of privacy of data on Client’s systems, that many occur on equipment or systems installed or serviced by aNetworks or any damages resulting there from. (c) Any damages, losses, expenses and attorney’s fees that in the aggregate exceed the service fees paid by Client to aNetworks for services that were rendered during the six month period immediately preceding the date that Client first asserts the claim against aNetworks, except in the event that aNetworks hires a Client’s employee or that aNetworks commits a felony against Client. (d) ANETWORKS (INCLUDING THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS) SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT OR AS THE RESULT OF THE UNAUTHORIZED ACQUISITION OR USE OF PERSONAL INFORMATION. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR CLIENT, OR ANETWORKS (OR THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Limitations on Liability and Damages 
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Related to Limitations on Liability and Damages

  • Limitations on Liability The Owner Trustee will not be liable under the Transaction Documents, including for the following actions, except (a) for its own willful misconduct, bad faith or negligence (except for errors in judgment) or (b) if a representation or warranty in Section 6.6 is not true and correct as of the Closing Date: (i) the Owner Trustee will not be liable for any action taken or not taken by it (A) according to the instructions of the Noteholders of a majority of the Note Balance of the Controlling Class, the Indenture Trustee, the Depositor, the holder of the Residual Interest, the Administrator or the Servicer or (B) in good faith which it believes to be authorized or within its rights and powers under this Agreement so long as the action taken or not taken does not amount to negligence; (ii) the Owner Trustee will not be liable for indebtedness evidenced by or created under the Transaction Documents, including the principal of and interest on the Notes or amounts distributable to the holder of the Residual Interest; (iii) the Owner Trustee will not be liable for (A) the validity or sufficiency of this Agreement, (B) the due execution of this Agreement by the Depositor, (C) the form, genuineness, sufficiency, value or validity of the Trust Property, (D) the validity or sufficiency of the other Transaction Documents, the Notes or related documents, (E) the legality, validity and enforceability of a Receivable, (F) the perfection and priority of a security interest created by a Receivable in a Financed Vehicle or the maintenance of any perfection and priority, (G) the sufficiency of the Trust Property or the ability of the Trust Property to generate the amounts necessary to make payments to the Noteholders under the Indenture or distributions to the holder of the Residual Interest under this Agreement or (H) the accuracy of a representation or warranty made under a Transaction Document (other than the representations and warranties made by the Owner Trustee in Section 6.6); (iv) the Owner Trustee will not be liable for the default or misconduct of the Servicer, the Administrator, the Depositor, the holder of the Residual Interest or the Indenture Trustee under the Transaction Documents or for any action taken by the Indenture Trustee, the Administrator or the Servicer in the name of the Owner Trustee; (v) the Owner Trustee will not be responsible or liable for special, punitive, indirect or consequential damages (including lost profit), even if the Owner Trustee has been advised of the likelihood of the loss or damage and regardless of the form of action; or (vi) the Owner Trustee will not be responsible or liable for a failure or delay in the performance of its obligations under this Agreement from or caused by, directly or indirectly, forces beyond its control, including strikes, work stoppages, acts of war, terrorism, civil or military disturbances, nuclear catastrophes, fires, floods, earthquakes, storms, hurricanes or other natural catastrophes and interruptions, loss or failures of mechanical, electronic or communication systems, pandemics or epidemics; the Owner Trustee will use reasonable efforts consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

  • Limitations on Damages Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.

  • Disclaimer; Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

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