Common use of Limits on Liability Clause in Contracts

Limits on Liability. GENERAL. SUBJECT TO SECTION 9.2, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REPUTATION) IN CONNECTION WITH THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) TOTAL AMOUNTS EXCEEDING 100% OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO JURO UNDER THE AGREEMENT IN THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE TO THE CLAIM AROSE; IN EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS TO MAKE A CLAIM WITHIN 12 MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY FOR THAT EVENT. CUSTOMER’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAIL.

Limits on Liability. GENERAL. SUBJECT TO SECTION 9.2, TO THE MAXIMUM EXTENT PERMITTED BY LAWLAW AND EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS OR ANY DAMAGES THAT A CUSTOMER MAY BE ENTITLED TO PURSUANT TO SECTION 2(d), IN NO EVENT NEITHER PARTY WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY: (A) INDIRECTLOST PROFITS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REPUTATION) IN CONNECTION WITH THE AGREEMENTKIND, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; DAMAGES IN ADVANCE OR (B) TOTAL AMOUNTS EXCEEDING 100% OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO JURO UNDER THE AGREEMENT IN THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE SUCH DAMAGES WERE FORESEEABLE. TO THE CLAIM AROSE; IN EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS. THE TOTAL, CUMULATIVE LIABILITY OF EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, IN TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS , WILL BE LIMITED THE TOTAL OF THE AMOUNTS PAID TO MAKE A CLAIM WITHIN 12 MONTHS AFTER CORE-MARK PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY IN ALL CASES EXCEPT FOR THAT EVENT. CUSTOMER’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAILLIABILITIES RELATED TO A PAYMENT DEFAULT.

Limits on Liability. GENERAL. SUBJECT COMPANY’S MAXIMUM AGGREGATE LIABILITY TO SECTION 9.2SUBSCRIBER AS A RESULT OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT, WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER TO COMPANY HEREUNDER FOR THE SERVICES GIVING RISE TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIABILITY IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE FIRST EVENT GIVING RISE TO THE LIABILITY OCCURRED. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY: (A) INDIRECTANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REPUTATION) IN CONNECTION WITH THE AGREEMENTAGREEMENT OR ITS PERFORMANCE HEREUNDER, WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; . NOTHING IN THIS SECTION 8 WILL OPERATE TO EXCLUDE OR RESTRICT COMPANY’S LIABILITY (BIF ANY) TOTAL AMOUNTS EXCEEDING 100% OF THE AMOUNTS PAID TO SUBSCRIBER FOR ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR PAYABLE BY CUSTOMER TO JURO UNDER THE AGREEMENT IN THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE TO THE CLAIM AROSE; IN EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIMIT ITS LIABILITY, INCLUDING BUT NOT LIMITED TO, DEATH OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS TO MAKE A CLAIM WITHIN 12 MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY FOR THAT EVENT. CUSTOMERPERSONAL INJURY RESULTING FROM COMPANY’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAILNEGLIGENCE.

Limits on Liability. GENERAL. SUBJECT POTENTIATE’S MAXIMUM AGGREGATE LIABILITY TO SECTION 9.2CLIENT AS A RESULT OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR AN ORDER, WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO POTENTIATE HEREUNDER FOR THE PRODUCT AND OR SERVICES GIVING RISE TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIABILITY IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE FIRST EVENT GIVING RISE TO THE LIABILITY OCCURRED. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY: (A) INDIRECTANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REPUTATION) IN CONNECTION WITH THIS AGREEMENT OR AN ORDER OR ITS PERFORMANCE HEREUNDER, WHETHER THE AGREEMENTACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; . NOTHING IN THIS SECTION 8.1WILL OPERATE TO EXCLUDE OR RESTRICT POTENTIATE’S LIABILITY (BIF ANY) TOTAL AMOUNTS EXCEEDING 100% OF THE AMOUNTS PAID TO CLIENT FOR ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR PAYABLE BY CUSTOMER TO JURO UNDER THE AGREEMENT IN THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE TO THE CLAIM AROSE; IN EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIMIT ITS LIABILITY, INCLUDING BUT NOT LIMITED TO, DEATH OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS TO MAKE A CLAIM WITHIN 12 MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY FOR THAT EVENT. CUSTOMERPERSONAL INJURY RESULTING FROM POTENTIATE’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAILGROSS NEGLIGENCE.

Limits on Liability. GENERAL. SUBJECT TO SECTION 9.2, TO THE MAXIMUM EXTENT PERMITTED BY LAWLAW AND EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS OR ANY DAMAGES THAT A CUSTOMER MAY BE ENTITLED TO PURSUANT TO SECTION 2(d), IN NO EVENT NEITHER PARTY WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY: (A) INDIRECTLOST PROFITS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REPUTATION) IN CONNECTION WITH THE AGREEMENTKIND, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; DAMAGES IN ADVANCE OR (B) TOTAL AMOUNTS EXCEEDING 100% OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO JURO UNDER THE AGREEMENT IN THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE SUCH DAMAGES WERE FORESEEABLE. TO THE CLAIM AROSE; IN EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS, THE TOTAL, CUMULATIVE LIABILITY OF EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GOODS PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, IN TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS , WILL BE LIMITED THE TOTAL OF THE AMOUNTS PAID TO MAKE A CLAIM WITHIN 12 MONTHS AFTER CORE-XXXX PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY IN ALL CASES EXCEPT FOR THAT EVENT. CUSTOMER’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAILLIABILITIES RELATED TO A PAYMENT DEFAULT.

Limits on Liability. GENERAL. SUBJECT EXCEPT WITH RESPECT TO SECTION 9.2EACH PARTY’S CONFIDENTIALITY OBLIGATIONS HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT EACH PARTY AND ITS LICENSORS WILL EITHER PARTY NOT BE LIABLE FOR ANY: CUMULATIVE, AGGREGATE DAMAGES GREATER THAN THE GREATER OF (AI) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND TEN GREAT BRITAIN POUNDS (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REPUTATION£10) IN CONNECTION WITH AND (II) THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) TOTAL AMOUNTS EXCEEDING 100% SUM OF THE AMOUNTS HAVING THEN ACTUALLY BEEN PAID OR PAYABLE BY CUSTOMER TO JURO BAYS CONSULTING UNDER THIS AGREEMENT DURING THE AGREEMENT IN TWELVE (12) MONTH PERIOD PRECEDING THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE TO DATE THE CLAIM AROSE; , MINUS, IN ALL CIRCUMSTANCES, ANY AMOUNTS PREVIOUSLY PAID (AS OF THE DATE OF SATISFACTION OF SUCH LIABILITY) BY A PARTY TO THE OTHER PARTY IN SATISFACTION OF ANY LIABILITY FOR DAMAGES UNDER THIS AGREEMENT. EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE OUT OF CONTRACTPARTY RELEASES THE OTHER PARTY AND ITS LICENSORS FROM ALL OBLIGATIONS, TORT, NEGLIGENCE, STRICT LIABILITY, CLAIMS, OR ANY OTHER LEGAL DEMANDS RELATING TO BYS CONSULTING IP, THE SERVICES, OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS TO MAKE A CLAIM WITHIN 12 MONTHS AFTER THIS AGREEMENT IN EXCESS OF THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY LIMITATION PROVIDED FOR THAT EVENT. CUSTOMER’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAIL.THIS SECTION

Limits on Liability. GENERAL. SUBJECT TO SECTION 9.2, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY JURO BE LIABLE FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, REPUTATION, OR REPUTATIONDATA) IN CONNECTION WITH THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) TOTAL AMOUNTS EXCEEDING 100% OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO JURO UNDER THE AGREEMENT IN THE CONTRACT YEAR DURING WHICH THE EVENTS GIVING RISE TO THE CLAIM AROSE$1; IN EACH CASE WHETHER ANY ALLEGED DAMAGES ARISE OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNLESS CUSTOMER NOTIFIES JURO THAT IT INTENDS TO MAKE A CLAIM WITHIN 12 MONTHS 30 DAYS AFTER THE EVENT GIVING RISE TO THE CLAIM, THEN JURO WILL HAVE NO LIABILITY FOR THAT EVENT. CUSTOMER’S NOTICE WILL IDENTIFY THE EVENT AND GROUNDS FOR THE CLAIM IN REASONABLE DETAIL.