Limitations on Liability and Remedies. Notwithstanding any other provision in this Agreement, no Party shall in any event be liable to the other Party or its Affiliates, officers, directors, employees, stockholders, agents or representatives on account of any breach hereof or any indemnity obligation set forth herein for any indirect, special, consequential or punitive damages (including, but not limited to, lost profits, loss of use, damage to goodwill or loss of business that maybe incurred or claimed by such other Party or its Affiliates, officers, directors, employees, stockholders, agents or representatives or by a Third Party for which indemnification is sought hereunder.
Limitations on Liability and Remedies. Licensee expressly agrees that Licensor's entire liability and Licensee's exclusive and sole remedies shall be as follows:
Limitations on Liability and Remedies. (a) THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Limitations on Liability and Remedies. MOPEKA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MOPEKA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. MOPEKA, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOPEKA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOPEKA’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MOPEKA DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MOPEKA WILL BE LIMITED TO ANY AMOUNT PAID TO MOPEKA BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.
Limitations on Liability and Remedies. STREAMLOGIC AGREES THAT FWB SHALL NOT BE LIABLE TO STREAMLOGIC FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF FWB HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Limitations on Liability and Remedies. Notwithstanding anything contained herein to the contrary, if prior to the Closing Date, either Purchaser or Seller has or obtains actual knowledge that (a) the other party has defaulted on its obligations hereunder in any respect, and the non-defaulting party nevertheless proceeds with the Closing, then the default by the defaulting party as to which the other party shall have such knowledge shall be deemed waived by the non-defaulting party and the defaulting party shall have no liability to the non-defaulting party or its successors and assigns in respect thereof or (b) any of Seller’s representations or warranties set forth in Article 9, or Purchaser’s representations and warranties set forth in Article 10, are untrue in any respect, and the other party nevertheless proceeds with the Closing, then the breach by the breaching party of the representations and warranties as to which the other party shall have such knowledge shall be deemed waived by the non-breaching party, such representations and warranties shall be deemed modified to conform them to the information that the non-breaching party shall have knowledge of and the breaching party shall have no liability to the other party or its successors or assigns in respect thereof. If a party has or obtains knowledge that (i) the other party has defaulted on its obligations hereunder in any respect or (ii) any of any of the other party’s representations or warranties set forth in Article 9 or Article 10, as applicable, are untrue in any material respect, such party shall so notify the other party in writing (x) on or before the date that is the second (2nd) Business Day after obtaining such knowledge, or (y) on or before the Closing Date if a party, obtains such knowledge one (1) Business Day prior to the Closing Date or on the Closing Date. Neither Seller nor Purchaser shall have any liability under this Agreement for consequential, indirect, punitive or special damages.
Limitations on Liability and Remedies. EXCEPT FOR A BREACH OF THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT AND EXCEPT WITH RESPECT TO QCSI'S OBLIGATIONS UNDER SECTION 5.9, NEITHER PARTY SHALL BE LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, INCLUDING CONTRACT, TORT, COMPUTER MALPRACTICE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL OF ALL FEES PAID TO QCSI IN THE EIGHTEEN (18) MONTH PERIOD PRECEEDING THE PARTY'S WRITTEN NOTIFICATION TO THE OTHER PARTY OF ANY WRONGFUL ACTION.
Limitations on Liability and Remedies. 20 Section 6.04.
Limitations on Liability and Remedies. 4.1. Buyer acknowledges that the Services and Products provided hereunder are inherently complex, and dependent upon a number of variables that cannot always be anticipated outside of a laboratory setting.
Limitations on Liability and Remedies. (a) SUBJECT TO CLAUSE 8.3(B), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIIMEX’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS UNDER OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER IN ANY CALENDAR MONTH IS LIMITED TO AN AMOUNT EQUAL TO THE COMMISSIONS PAYABLE BY DIIMEX TO YOU IN RELATION TO THAT CALENDAR MONTH. IN CALCULATING DIIMEX’S AGGREGATE LIABILITY UNDER THIS CLAUSE 9.2, THE PARTIES MUST INCLUDE ANY AMOUNTS PAID OR REFUNDED, OR THE VALUE OF ANY GOODS OR SERVICES REPLACED, REPAIRED OR SUPPLIED BY DIIMEX, FOR A BREACH OF ANY NON-EXCLUDABLE PROVISIONS.
