Miscellaneous Limitations. In addition to the general limitation of liability in this Section 25, the following shall also limit a Party’s liability under this Agreement.
Miscellaneous Limitations. In addition to the general limitation of liability in this Section 22, the following shall also limit a Party . End User(s), suppliers, agents, employees, or any other third parties. Liability of one Party to the other Party resulting from any and all causes arising out of services, facilities or any other items relating to this Agreement shall be governed by the liability provisions contained in this Agreement and no other liability whatsoever shall attach to CenturyLink.
Miscellaneous Limitations. Notwithstanding anything to the contrary contained in this Agreement or otherwise, the Indemnified Parties will not be entitled to indemnification pursuant to Section 7.1 for any Loss underlying such indemnification claim to the extent that: (i) the Indemnified Parties could have, with commercially reasonable efforts, mitigated or prevented such Loss (or any part thereof); (ii) such Loss (or any part thereof) results from or is increased by the action or inaction of any Indemnified Parties or any Affiliate thereof; or (iii) such Loss (or any part thereof) arises, or is increased, as a result of a change after the Closing in any accounting principle, method or policy.
Miscellaneous Limitations. In addition to the general limitation of liability in this Section 22, the following shall also limit a P liability under this Agreement.
Miscellaneous Limitations. In addition to the general limitation of liability in this Section 22, the following shall also limit a Party¶V liability under this Agreement.
22.5.1 Inapplicability of Tariff Liability. Any general liability, as described in D 3DUW\¶V local exchange or other Tariffs, does not extend to the other Party, the other 3DUW\¶V End User(s), suppliers, agents, employees, or any other third parties. Liability of one Party to the other Party resulting from any and all causes arising out of services relating to this Agreement shall be governed by the liability provisions contained in this Agreement and no other liability whatsoever shall attach to CenturyLink.
Miscellaneous Limitations. Neither party shall be liable to the other for any punitive, exemplary, indirect, incidental, special consequential damages, injury to reputation, or any business damages, including, but not limited to any variety of lost profits, notwithstanding receipt of notice of damages or losses. The Parties agree the purpose of these liability limitations is to set in advance the risk of damages borne by each Party.
Miscellaneous Limitations. Notwithstanding anything to the contrary contained in this Agreement or otherwise, the Indemnified Parties will not be entitled to indemnification pursuant to Section 7.1 for any Loss underlying such indemnification claim to the extent that: (i) the Indemnified Parties could have, with commercially reasonable efforts, mitigated or prevented such Loss (or any part thereof); (ii) such Loss (or any part thereof) results from or is increased by the action or inaction of any Indemnified Parties or any Affiliate thereof; (iii) such Loss (or any part thereof) arises, or is increased, as a result of a change after the Closing in any accounting principle, method or policy, or (iv) Cambridge had, prior to the Closing Date, actual knowledge of a breach of the applicable representation, warranty or covenant.
Miscellaneous Limitations. Notwithstanding anything to the contrary contained in this Agreement or otherwise, the ROI Indemnitees will not be entitled to indemnification pursuant to Section 7.1 for any Loss (or any part thereof) underlying such indemnification claim to the extent that: (i) either the Surviving Entity or ROI Indemnitees, as applicable, could have, with commercially reasonable efforts, mitigated or prevented such Loss (or any part thereof); or (ii) such Loss (or any part thereof) directly and primarily results from or is increased by the action or inaction of the Surviving Entity or ROI Indemnitees.
Miscellaneous Limitations. Notwithstanding anything to the contrary contained in this Agreement or otherwise, the Surviving Parent Company will not be entitled to indemnification pursuant to Section 8.01 for any Loss underlying such indemnification claim to the extent that: (i) the Surviving Parent Company could have, with commercially reasonable efforts, mitigated or prevented such Loss (or any part thereof); (ii) such Loss (or any part thereof) results from or is increased by the action or inaction of any Surviving Parent Company or any Affiliate thereof; (iii) such Loss (or any part thereof) arises, or is increased, as a result of a change after the Closing in any accounting principle, method or policy; or (iv) Parent, Holdco or Merger Sub had, prior to the Closing Date, actual knowledge of a breach of the applicable Indemnified Representation.
Miscellaneous Limitations. The Sellers shall have no liability hereunder for Losses for a breach of any of its representations or warranties in Article 5 to the extent that:
(a) such Losses would not have arisen but for any alteration or repeal or enactment of any Applicable Law after the date hereof;
(b) such Losses would not have arisen but for any change in the accounting policies, practices or procedures adopted by the Purchaser and/or its Affiliates (including the Group Companies after the Closing Date);
(c) such Losses would not have arisen but for acts or omissions by the Purchaser or any of its Affiliates after the Closing which are outside the ordinary course of business;
(d) such Losses would have been recoverable under any material insurance policy held by the Group Companies and relating to the Business at the Closing, had such policy been maintained by the Purchaser thereafter;
(e) a provision or reserve whether of a specific or general nature, has been made for the matter giving rise to the Loss in the Management Accounts; or
(f) such Losses would not have arisen but for a failure by the Purchaser or any of its Affiliates to take all reasonable steps to mitigate the effect of the circumstances giving rise to the claim.
