MONETARY CAP. IN NO EVENT WILL TRITAN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED AN AMOUNT EQUAL TO THAT ACTUALLY PAID BY CLIENT TO TRITAN FOR THE SOFTWARE AND/OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSIONS GIVING RISE TO THE CLAIM, LESS ANY CREDITS RECEIVED BY CLIENT FROM TRITAN DURING THE SAME TIME PERIOD.
MONETARY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Q SCIENCES, ITS AFFILIATES (INCLUDING ANY PARENT OR SUBSIDIARY COMPANIES), LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND ANY SUCCESSORS AND ASSIGNS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT AND SERVICES FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $1,000. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR Q SCIENCES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MONETARY CAP. IN NO EVENT SHALL THE LIABILITY OF A RISCO PARTY UNDER OR IN ANY WAT RELATED TO THESE TOS, IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, EXCEED, IN THE AGGREGATE, THE TOTAL FEES ACTUALLY PAID BY YOU, WITH RESPECT TO THE SPECIFIC SERVICES GIVING RISE TO SUCH LIABILITY, DURING THE TWELVE (12) MONTHS’ PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN THE EVENT THAT SUCH LIMITATION OF LIABILITY IS NOT ENFORCEABLE PURSUANT TO APPLICABLE LAW, RISCO SHALL BE ENTITLED TO THE MAXIMUM LIMITATION OF LIABILITY SO ALLOWED.
MONETARY CAP. DURING ANY TWELVE (12) MONTH CONTRACT TERM (BEGINNING ON THE EFFECTIVE DATE OF THE APPLICABLE ORDER), UKG’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH ANY SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO UKG DURING SUCH TWELVE (12) MONTH CONTRACT TERM FOR THE SERVICE GIVING RISE TO SUCH CLAIM(S).
MONETARY CAP. THE AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FROM OR ON BEHALF OF CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
MONETARY CAP. The aggregate Liability at any particular time of Company, Sxxxx and Sxxxx Trust for claims under this Article 8, other than for damages related to a third party claim, shall be limited to an amount equal to the amount then remaining owed to the Company under the Note. The aggregate Liability at any particular time of Buyer and NPCC for claims under this Article 8, other than for damages related to a third party claim, shall be limited to an amount equal to the amount then remaining owed to the Company under the Note. If the Company is required to indemnify the Buyer Indemnified Parties for a third party claim, the Company must pay such indemnification obligation in cash. If the Company is required to indemnify the Buyer Indemnified Parties for a claim not related to a third party's claim, then the Company may pay such indemnification obligation by first delivering shares of NPCC common stock to the Buyer Indemnified Parties. For purposes of this Article 8, each share of NPCC common stock shall be deemed to be valued at One Dollar ($1.00) per share. Company may not deliver more than One Million (1,000,000) shares of NPCC common stock to satisfy its aggregate indemnification obligations.
