Limited Liability and Damages Sample Clauses

Limited Liability and Damages. AccessData’s cumulative liability to Customer or any other party for any loss or damages arising out of or relating to this Agreement, including the Use of Licensed Products or the performance of services (including implementation, Support and Training), shall not exceed the license fee paid to AccessData hereunder in the twelve (12) months preceding the first claim. In no event shall AccessData be liable for any indirect, incidental, consequential, special or exemplary damages or lost profits or any similar claims (including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, lost or corrupted data, lost business or lost opportunity), even if AccessData has been advised of the possibility of such damages, under any theory of liability (whether in contract, tort, strict liability or any other theory). No claim, regardless of form, which in any way arises out of this Agreement may be made or brought by Customer more than one (1) year after the basis for the claim becomes known to Customer. The limitations of liability and the exclusion of certain damages set forth in this Section shall apply regardless of the success or effectiveness of any exclusive remedies.
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Limited Liability and Damages. To the maximum extent allowable by law: in no event shall either Kyrio or your company be liable to each other for any damages other than damages directly arising from Xxxxx’s testing services for your company. Neither Kyrio nor your company will be liable for any other damages such as, but not limited to, (i) damages which reflect lost business, or (ii) profits or lost earnings or any damage that is suffered as a result of the Kyrio or your company’s particular circumstances even if the damage was foreseeable or if Kyrio or your company was told that the damage was possible. In no event shall either Kyrio or your company be liable under this Agreement to each other for any amount that exceeds the fees actually received by Xxxxx for the testing services for your company. With the exception of disclosing Xxxxx’s testing techniques or misuse of Xxxxx’s test results Kyrio and your company’s damages to each other for each proposal are limited to the amount your company paid for testing in that proposal. Neither your company nor Kyrio are liable to the other if either one of us is unable to meet the terms this Agreement due to an unforeseen event, such as, but not limited to, governmental action, acts of war, a fire, flood, or tornado.
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Limited Liability and Damages. NO PARTY WILL BE LIABLE TO ANY OTHER PARTY FOR MONETARY DAMAGES UNDER THIS AGREEMENT. ALL INFORMATION AND MATERIALS PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
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Related to Limited Liability and Damages

  • Limited Liability Except as otherwise provided by the Act, the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and the Member shall not be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a member of the Company.

  • Limitation of Liability and Damages NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bring, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purpose.

  • Indemnification/Warranty and Disclaimer/Limitation of Liability Taxpayer shall defend, indemnify, and hold GO-Biz and the FTB, its agents or assigns, harmless from and against all claims, damages, and liabilities (including reasonable attorneys’ fees) arising from this Agreement due to Taxpayer’s breach of this Agreement, or the result of Taxpayer’s negligence or willful misconduct. EXCEPT AS PROVIDED FOR UNDER SECTION 14, UNDER NO CIRCUMSTANCES WILL THE STATE OF CALIFORNIA, GO-BIZ, ITS AGENTS OR EMPLOYEES, THE COMMITTEE MEMBERS, THE FTB OR ANYONE ELSE INVOLVED IN THIS AGREEMENT BE LIABLE TO TAXPAYER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM THIS AGREEMENT.

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