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. 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. 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. 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. 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. CREDCO’s entire liability arising under or in connection with this Agreement, whether for breach, tort or otherwise, shall not exceed, in the aggregate, the amounts paid by RELS to CREDCO for the three (3) months immediately preceding the occurrence giving rise to such claim hereunder.
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. Nothing contained in this Sublease shall limit or prejudice the right of Landlord to prove for and obtain, in proceedings for the termination of this Sublease by reason of bankruptcy or insolvency, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater, equal to, or less than the amount of the loss or damages referred to above. The failure or refusal of Landlord to relet the Premises or any part or parts thereof shall not release or affect Subtenant's liability for damages.
