Common use of Limitations on Monetary Remedies for Violations of this Agreement Clause in Contracts

Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an amount equal to the Accreditation fees paid by Registrar to ICANN under Subsection 3.9 of this Agreement during the preceding twelve-­‐month period. Registrar's monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar compliance with this agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered Name Holders and the Internet community. In the event of repeated willful material breaches of the agreement, Registrar shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 5 contracts

Samples: Registrar Accreditation Agreement, Registrar Accreditation Agreement, Registrar Accreditation Agreement

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Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an thean amount equal of accreditationequal to the Accreditation fees paid by Registrar to ICANN under Subsection 3.9 of this Agreement during the preceding twelve-­‐month period. Registrar's monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation accreditationAccreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar compliance with this agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered registered name holdersRegistered Name Holders and the Internet community. In the event of repeated willful material breaches of the agreement, Registrar shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 2 contracts

Samples: Registrar Accreditation Agreement, Registrar Accreditation Agreement

Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an amount equal to the Accreditation fees paid by Registrar Provider to ICANN under Subsection 3.9 Section 3.6 of this Agreement during the preceding twelve-­‐month twelve-month period. Registrar's Provider’s monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney attorneys’ fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar Provider’s compliance with this agreement Agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered Name Holders Customers and the Internet community. In the event of repeated willful material breaches of the agreementAgreement, Registrar Provider shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 2 contracts

Samples: Accreditation Agreement, Accreditation Agreement

Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an amount equal to the Accreditation fees paid by Registrar Provider to ICANN under Subsection 3.9 3.6 of this Agreement during the preceding twelve-­‐month twelve-month period. Registrar's Provider’s monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney attorneys’ fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar Provider’s compliance with this agreement Agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered Name Holders Customers and the Internet community. In the event of repeated willful material breaches of the agreementAgreement, Registrar Provider shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 2 contracts

Samples: Accreditation Agreement, Accreditation Agreement

Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an the amount equal to the Accreditation of accreditation fees paid by Registrar to ICANN under Subsection 3.9 of this Agreement during the preceding twelve-­‐month periodAgreement. Registrar's monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation accreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar compliance with this agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered Name Holders registered name holders and the Internet community. In the event of repeated willful material breaches of the agreement, Registrar shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 1 contract

Samples: Icann   Registrar Accreditation Agreement (Tucows Inc /Pa/)

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Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an amount equal to the Accreditation fees paid by Registrar Provider to ICANN under Subsection 3.9 Section 3.6 of this Agreement during the preceding twelve-­‐month twelve‐month period. Registrar's Provider’s monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney attorneys’ fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar Provider’s compliance with this agreement Agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered Name Holders Customers and the Internet community. In the event of repeated willful material breaches of the agreementAgreement, Registrar Provider shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 1 contract

Samples: Accreditation Agreement

Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an the amount equal to the Accreditation of accreditation fees paid by Registrar to ICANN under Subsection 3.9 of this Agreement during the preceding twelve-­‐month periodAgreement. Registrar's monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation accreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar compliance with this agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered Name Holders registered name holders and the Internet community. In the event of repeated willful material breaches of the agreement, Registrar shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in in. In no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement.

Appears in 1 contract

Samples: Registrar Accreditation Agreement

Limitations on Monetary Remedies for Violations of this Agreement. ICANN's aggregate monetary liability for violations of this Agreement shall not exceed an thean amount equal of accreditationequal to the Accreditation fees paid by Registrar to ICANN under Subsection 3.9 of this Agreement during the preceding twelve-­‐month twelve-month period. Registrar's monetary liability to ICANN for violations of this Agreement shall be limited to Accreditation accreditationAccreditation fees owing to ICANN under this Agreement and, except in the case of a good faith disagreement concerning the interpretation of this agreement, reasonable payment to ICANN for the reasonable and direct costs including attorney fees, staff time, and other related expenses associated with legitimate efforts to enforce Registrar compliance with this agreement and costs incurred by ICANN to respond to or mitigate the negative consequences of such behavior for Registered registered name holdersRegistered Name Holders and the Internet community. In the event of repeated willful material breaches of the agreement, Registrar shall be liable for sanctions of up to five (5) times ICANN's enforcement costs, but otherwise in no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages for any violation of this Agreement. Revision to account for defined terms and provide clarification of the limitations on liability.

Appears in 1 contract

Samples: Registrar Accreditation Agreement

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