Mutual Limitations of Liability Sample Clauses

Mutual Limitations of Liability. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN WITH RESPECT TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS , YOUR INDEMNITY OBLIGATIONS IN SECTION 12.3, AND YOUR PAYMENT OBLIGATIONS, AND OUR INDEMNITY OBLIGATIONS IN SECTION 12.1, IN NO EVENT SHALL EITHER PARTY’S OR SUCH PARTY’S LICENSORS’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE AFFECTED PRODUCTS AND SERVICES DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST CLAIM ASSERTED HEREUNDER. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
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Mutual Limitations of Liability. 8. Notwithstanding any other clause of this Agreement, the liability of the Client and the Company to each other must be reduced proportionately to the extent that a breach of contract, the failure to comply with a Relevant Law, or the negligent act or omission of a party or its consultants, agents or other contractors contributed to the loss, damage, costs, claims, liability, expense, outgoing or payment incurred by the other party.
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Mutual Limitations of Liability. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN IN RELATION TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS, YOUR INDEMNITY OBLIGATIONS IN SECTION 11, AND YOUR PAYMENT OBLIGATIONS, AND OUR INDEMNITY OBLIGATIONS IN SECTION 11, IN NO EVENT SHALL EITHER PARTY OR SUCH PARTY’S LICENSORS’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCTS AND/OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST CLAIM ASSERTED UNDER THIS CLAUSE. THIS LIMITATION OF LIABILITY SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED, HAVE PROVEN INEFFECTIVE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. 13 CUSTOMER POLICIES AND PRACTICES. IN NO EVENT SHALL LTG BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR THE INITIATION, PROCESSING OR RESULT OF ANY LEGAL OR ADMINISTRATIVE ACTION RELATED TO CUSTOMER’S HUMAN RESOURCES POLICIES OR PRACTICES, INCLUDING WITHOUT LIMITATION EMPLOYMENT DECISIONS, EEO POLICIES, HIRING PRACTICES, EMPLOYMENT DISCRIMINATION OR AFFIRMATIVE ACTION PLANNING. 14 Term. This Agreement will continue in effect for the Term of all Order Forms hereunder. Each Order Form will commence upon its effective date as set forth in the applicable Order Form and continue for the term set forth therein. 15 Termination.
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Mutual Limitations of Liability. Professional standards for the performance of real estate appraisals require that appraisers perform their services independently, impartially, and objectively. Clients and other users of appraisals often have separate legal or regulatory obligations imposed on them in relation to the appraisal process. The provisions of this section are designed to assure that an appraiser can render appraisal services in compliance with professional standards for reasonable compensation and to assure that clients and users can comply freely with their own professional and legal obligations, and any modifications hereof must be in writing and signed by the parties.
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Mutual Limitations of Liability. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN IN RELATION TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS, YOUR INDEMNITY OBLIGATIONS IN SECTION 11, AND YOUR PAYMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY OR SUCH PARTY’S LICENSORS’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCTS AND/OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST CLAIM ASSERTED UNDER THIS CLAUSE. THIS LIMITATION OF LIABILITY SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED, HAVE PROVEN INEFFECTIVE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. 13. CUSTOMER POLICIES AND PRACTICES. IN NO EVENT SHALL LTG BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR THE INITIATION, itens (a) – (d) acima. c. Recurso Jurídico Exclusivo. À EXCEÇÃO DE OUTRAS OBRIGAÇÕES INDENIZATÓRIAS ESTABELECIDAS NESTE CONTRATO, ESTA SEÇÃO 11 ESTABELECE A TOTALIDADE DAS RESPONSABILIDADES E OBRIGAÇÕES DE CADA PARTE E OS RECURSOS JURÍDICOS EXCLUSIVOS DE CADA XXX XXX PARTES NO QUE DIZ RESPEITO A DEMANDAS DETERCEIROS. 12. LIMITAÇÃO MÚTUA DE RESPONSABILIDADE. a. Limitação xx Xxxxx Consequenciais. À EXCEÇÃO DO EXPRESSAMENTE PROIBIDO POR LEI OU ENTÃO A RESPEITO DE VIOLAÇÕES DE LICENÇA OU RESTRIÇÕES DE CONTEÚDO DO CLIENTE, NENHUMA DAS PARTES OU DE SUAS LICENCIADAS SOB QUALQUER HIPÓTESE SERÁ RESPONSÁVEL POR (A) PERDA DE NEGÓCIOS, CONTRATOS, LUCROS, ECONOMIAS ANTECIPADAS, RECEITA OU REPUTAÇÃO JUNTO AOS CLIENTES; OU (B) PERDA OU CORRUPÇÃO DE DADOS, OU (C) PERDAS OU XXXXX INCIDENTAIS, INDIRETOS OU CONSEQUENCIAIS DE QUALQUER NATUREZA (INCLUINDO, MAS NÃO LIMITADO A, INDENIZAÇÃO MATERIAL, PUNITIVA OU EXEMPLAR). b. Limitações mútuas de responsabilidade. À EXCEÇÃO DO EXPRESSAMENTE PROIBIDO POR LEI E EM CASOS QUE NÃO HAJA VIOLAÇÃO DE LICENÇA OU RESTRIÇÕES DE CONTEÚDO DO CLIENTE, E OBRIGAÇÕES INDENIZATÓRIAS DO CLIENTE ESTABELECIDAS NA SEÇÃO 11 E SUAS OBRIGAÇÕES DE PAGAMENTO, E AS OBRIGAÇÕES INDENIZATÓRIAS DA LTG NA SEÇÃO 11, A RESPONSABILIDADE CUMULATIVA DE QUALQUER XXX XXX PARTES OU DE SUAS LICENCIADAS POR TODAS AS RECLAMAÇÕES DECORRENTES DESTE CONTRATO OU RELACIONADAS A ELE, INDEPENDENTEMENTE DA NATUREZA DA RECLAMAÇÃO, NÃO XXXXXX, XX NENHUM MOMENTO, EXCEDER OS XXXXXXXXX PAGOS PELO CLIENTE PELOS PRODUTOS E/OU SERVIÇOS DURANTE O PERÍODO ANTERIOR DE DOZE (12) MESES DA PRIMEIRA DEMANDA REINVINDICADA NESTA CLÁUSULA. ESTA LIMITAÇÃO DE...
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Mutual Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY EXCEED THE FEE AMOUNTS ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH A CLAIM; AND
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Mutual Limitations of Liability. In no event shall Landlord or Tenant be liable for any indirect, special or consequential damages in connection with or arising out of its performance or failure to perform pursuant to this Agreement. DATED AS OF THE DATE FIRST ABOVE WRITTEN. LANDLORD: TENANT: WESTON PROPERTIES, LC As Agent for SANTA XXXXX LAND COMPANY, LTD. RACKSPACE US, INC. BY: /s/ Xxxx Xxxxx BY: /s/ Xxxx Xxxxxxxxxx Xxxx Xxxxx, NAME: Xxxx Xxxxxxxxxx Vice President TITLE: Senior Vice President & General Counsel Exhibit “A” Weston Properties Office Lease
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  • Limitation of Liability and Indemnity (a) Except to the extent of damage resulting from the gross negligence or willful misconduct of only Sublandlord or its Indemnitees (defined below) or, Sublandlord's material default of the provisions of this Sublease beyond any applicable cure period, Subtenant agrees to protect, defend (with counsel reasonably acceptable to Sublandlord) and hold Sublandlord and Sublandlord's lenders, partners, members, property management company, agents, directors, officers, employees, representatives, contractors (except as provided in Subparagraph 7.12(d) herein), successors and assigns and each of their respective partners, members, directors, heirs, employees, representatives, agents, contractors, heirs, successors and assigns (collectively, the "Indemnitees") harmless and indemnify the Indemnitees from and against all liabilities, damages, demands, penalties, costs, losses, judgments, charges and expenses (including reasonable attorneys' fees, costs of court and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) (collectively, "Claims") arising from or in any way related to, directly or indirectly, (i) Subtenant's and Subtenant's employees, agents, invitees, guests, representatives and contractors (collectively, "Subtenant's Representatives") use of the Premises, Security System, and other portions of the Project, (ii) the conduct of Subtenant's business at the Premises (iii) any activity, work or thing done, permitted or suffered by Subtenant in or about the Premises, (iv the Premises, Security System, the Alterations or with the Subtenant's property (whether leased or owned or held in bailment) therein, including, but not limited to, any liability for injury to person or property of Subtenant, Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' or third party persons, and/or (v) Subtenant's failure to perform any covenant or obligation of Subtenant under this Sublease. Subtenant agrees that the obligations of Subtenant herein shall survive the expiration or earlier termination of this Sublease.

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