MAXIMUM LIABILITY FOR DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PROFIT MARGIN FROM THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Appears in 3 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
MAXIMUM LIABILITY FOR DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PROFIT MARGIN FROM THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT IN FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT RELATED PURCHASE ORDER GIVING RISE TO THE CLAIM, PURSUANT TO THIS AGREEMENT.
Appears in 2 contracts
Samples: Master Supply Agreement, Supply Agreement
MAXIMUM LIABILITY FOR DAMAGES. IN NO EVENT SHALL SELLER’S 'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWENTY PERCENTAGE OF THE PROFIT MARGIN FROM TOTAL OF THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Appears in 1 contract
Samples: Manufacturing Supply Agreement
MAXIMUM LIABILITY FOR DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWICE THE PROFIT MARGIN FROM THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT IN FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT RELATED PURCHASE ORDER GIVING RISE TO THE CLAIM, PURSUANT TO THIS AGREEMENT.
Appears in 1 contract
Samples: Supply Agreement
