Maximum Damages. Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in the Class.
Maximum Damages. The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Clients under this Agreement.
Maximum Damages. Liquidated damages assessed pursuant to this paragraph shall not, in any single month, exceed 25% of the fee due CONTRACTOR for that month. However, if CONTRACTOR fails to perform any Service or combination of Services, and such failure represents a budgeted sum greater than 25% of the fee due CONTRACTOR for that month, HHSC may terminate the Agreement in accordance with this article.
Maximum Damages. No claim for indemnification of Damages (whether in an action for indemnification hereunder or otherwise) shall be made by Indemnified Persons to the extent that the aggregate Damages claimed (including any Damages previously recovered) by all of the Indemnified Persons, taken as a whole, exceed the amount paid or to be paid under Section 2.6(b). THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY SUSTAINDED, AND NO PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, INCLUDING LOST PROFITS, REVENUE AND OPPORTUNITY COSTS.
Maximum Damages. Except with respect to the indemnity provided in Section 12, the liability of FMSU and its licensors, if any, and Customer’s sole and exclusive remedy for damages for any claim of any kind whatsoever with respect to this Agreement shall not be greater than the purchase price paid by Customer for the components of the System with respect to which such claim is made or, in the event of a claim made with respect to any obligation, service or otherwise, of FMSU pursuant to this Agreement, shall not be greater than the amount paid by Customer for the applicable annual fee for such obligation giving rise to such claim.
Maximum Damages. Except for breaches under Sections 5 and 7, the Parties agree that the aggregate and total liability of each Party to the other Party for any losses or damages resulting from any claims, demands or actions arising out of this Agreement or related to the Smarter Agent Applications (and any underlying Smarter Agent Platform) or the performance of or failure to perform any services hereunder, whether in contract, tort, statute, products liability, strict liability or otherwise, shall not exceed the amounts actually paid to the breaching Party hereunder during the preceding twelve months.
Maximum Damages. Notwithstanding anything in this Agreement or the Escrow Agreement to the contrary, subject to Section 9.04(c) and without derogation to the rights of any Parent Indemnified Party pursuant to the Policy, the maximum aggregate amount of Damages against which (i) the Parent Indemnified Parties shall be entitled to be indemnified by the Company Holders under Section 9.01 shall be the remaining Indemnity Escrow Amount (if any) and (ii) the Company Holder Indemnified Parties shall be entitled to be indemnified by Parent under Section 9.02 shall be one million two hundred seventy five thousand dollars ($1,275,000).
Maximum Damages. Except with respect to the indemnity provided in Section 12, the liability of HCUS and its licensors, if any, and Customer’s sole and exclusive remedy for damages for any claim of any kind whatsoever with respect to this Agreement shall not be greater than the purchase price paid by Customer for the components of the System with respect to which such claim is made or, in the event of a claim made with respect to any obligation, service or otherwise, of HCUS pursuant to this Agreement, shall not be greater than the amount paid by Customer for the applicable annual fee for such obligation giving rise to such claim.
Maximum Damages. PNC (nor any subcontractor or other party with whom PNC may be claimed to be jointly liable) shall not be liable to Customer for any claim or cause of action, whether based on contract, tort, strict liability or any other legal theory: (i) in the case of a Funds Transfer, Instruction for the transfer of money or other payment that is misdirected, lost or otherwise paid to the wrong person as a result of our failure to comply with the terms of this Agreement or applicable law, for an amount in excess of the face amount of such Funds Transfer, Instruction or other payment and (ii) in all other cases for an amount in excess of twelve (12) times the fees Customer has paid PNC for the particular Service(s) to which the claim or cause of action relates during the month immediately prior to the month in which the act or omission giving rise to the claim occurred.
Maximum Damages. Notwithstanding anything to the contrary in this Agreement, but subject to the next sentence, the Members' aggregate liability under this Agreement for Damages or otherwise (including, without limitation, for any breach of any covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) shall not exceed Two Million Four Hundred Thousand Dollars ($2,400,000). However, this Section 9 will not apply to (i) any breach of any of either the Member's or Seller's representations and warranties where either of the Members or Seller had knowledge that such representation or warranty was untrue at any time prior to the date on which such representation and warranty is made or any intentional breach by either Seller or either of the Members of any covenant or obligation, and (ii) Transfer Taxes and Seller and Member will be jointly and severally liable for all Damages with respect to such breaches.
