NASDAQ’S LIMITATION OF LIABILITY Sample Clauses

NASDAQ’S LIMITATION OF LIABILITY. ( A) EXCEPT A S MAY OTHERWISE BE S ET F XXXX HEREIN, NASDAQ SHALL NOT BE LIABLE T O SUBSCRIBER, ITS VENDOR OR A NY O THER P ERSON FOR INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, CO ST O F COVER, OR O THER IN DIRECT LOSS OR DAMA GE) OF ANY NATU RE ARISING F ROM ANY CAUSE W HATSOEVER, EVEN IF N ASDAQ H AS BE EN AD VISED OF THE POSSIBILITY OF SUCH DAMAGES (B) N ASDAQ SHALL N OT BE LI ABLE TO SUBSCRIBER O R AN Y O THER PER SON FO R AN Y UNAVAILABILITY, IN TERRUPTION, D ELAY, INCOMPLETENESS, OR IN ACCURACY OF TH E INFORMATION TH AT LASTS LESS THAN FOUR (4) CONTINUOUS HOURS DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE INF ORMATION O R IF THE INFORMATION I S MATERIALLY AFFECTED F OR L ESS TH AN F OUR ( 4) CONTINUOUS H OURS D URING T HE T IME THA T NASDAQ REGULARLY TRA NSMITS T HE INFORMATION. (C) IF NASDAQ IS FOR ANY REASON HELD LIABLE TO SUBSCRIBER OR TO ANY OTHER PERSON, WHETHER IN TORT OR IN CONTRACT, THE LIABILITY OF NASDAQ WITHIN A SINGLE YEAR (FROM THE EFFECTIVE DATE OF TH E AGREEMENT) O F T HE AG REEMENT [COMBINED WITH TH E T OTAL O F ALL CL AIMS OR LO SSES O F SUBSCRIBER'S VENDOR, AND ANY OTHER PERSON CLAIMING THROUGH, ON BEHALF OF, OR AS HARMED BY SUBSCRIBER] IS LIMITED TO AN AMOUNT OF SUBSCRIBER¡¦S DAMAGES THAT ARE ACTUALLY INCURRED BY SUBSCRIBER I N R EASONABLE RELIANCE, AND WHICH A MOUNT DOES NOT EXCEED THE L XXXXX OF: (I) I F SUBSCRIBER OR ANY OTHER PE RSON C ONTINUES TO R ECEIVE THE INFORMATION O R A NY OTHER DATA AND/ OR INFORMATION OFFERED BY NASDAQ, A PRORATED MONTH'S CREDIT OF ANY MONIES DUE DIRECTLY TO NASDAQ FROM SUBSCRIBER, OR, IF APPLICABLE, FROM ANY OTHER PERSON, FOR THE INFORMATION AT ISSUE DURING THE PERIOD AT ISSUE OR, IF SUBSCRIBER OR AN Y OTHER PERSON NO LON GER RECEIVES EITHER THE INFORMATION OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASDAQ, A REFUND OF ANY MONIES DUE DIRECTLY TO NASDAQ FROM SUBSCRIBER, OR, IF APPLICABLE, FROM ANY OTHER PERSON, FOR THE INFORMATION AT ISSUE DURING THE PERIOD AT ISSUE; OR (II) $500.00. (D) THIS SECTION SHALL NOT RELIEVE NASDAQ, SUBSCRIBER OR ANY OTHER PERSON FROM LIABILITY FOR DAMAGES THAT RESULT FROM THEIR OWN GR OSS NEGLIGENCE OR W ILLFUL TORTIOUS MISCONDUCT, OR F ROM PERSONAL INJU RY OR WRONGFUL DEATH CLAIMS. (E) SUBSCRIBER AND NASDAQ UNDERSTAND AND AGREE THAT THE TERMS OF THIS SECTION REFLECT A REASONABLE AL...
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NASDAQ’S LIMITATION OF LIABILITY. (a) Except as may otherwise be set forth herein, Nasdaq shall not be liable to Subscriber, its vendor or any other Person for indirect, special, punitive, consequential, or incidental loss or damage (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover, or other indirect loss or damage) of any nature arising from any cause whatsoever, even if Nasdaq has been advised of the possibility of such damages. (b) Nasdaq shall not be liable to Subscriber or any other Person for any unavailability, interruption, delay, incompleteness, or inaccuracy of the Information that lasts less than four (4) continuous hours during the time that Nasdaq regularly transmits the Information or if the Information is materially affected for less than four (4) continuous hours during the time that Nasdaq regularly transmits the Information. (c) If Nasdaq is for any reason held liable to Subscriber or to any other Person, whether in tort or in contract, the liability of Nasdaq within a single year (from the effective date of the Agreement) of the Agreement [combined with the total of all Claims or Losses of Subscriber’s vendor, and any other Person claiming through, on behalf of, or as harmed by Subscriber] is limited to an amount of subscriber’s damages that are actually incurred by subscriber in reasonable reliance, and which amount does not exceed the lesser of: (i) if Subscriber or any other Person continues to receive the Information or any other data and/or information offered by Nasdaq, a prorated month’s credit of any monies due directly to Nasdaq from Subscriber, or, if applicable, from any other Person, for the information at issue during the period at issue or, if Subscriber or any other Person no longer receives either the Information or any other data and/or information offered by Nasdaq, a refund of any monies due directly to Nasdaq from Subscriber, or, if applicable, from any other Person, for the information at issue during the period at issue; or (ii) $500.00. (d) This section shall not relieve Nasdaq, Subscriber or any other Person from liability for damages that result from their own gross negligence or willful tortious misconduct, or from personal injury or wrongful death claims. (e) Subscriber and Nasdaq understand and agree that the terms of this section reflect a reasonable allocation of risk and limitation of liability.
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NASDAQ’S LIMITATION OF LIABILITY except as may otherwise be set forth herein, Nasdaq shall not be liable to subscriber, its vendor or any other person for indirect, special, punitive, consequential, or incidental loss or damage (including, but not limitedto,trading losses, loss of anticipated profits, loss by reason of shutdow n i n operation or increased expenses ofoperation, cost ofcover, or other indirect loss or damage) of any nature arising from any cause whatsoever, even if Nasdaq has been advised of the possibility of such damages.
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NASDAQ’S LIMITATION OF LIABILITY. (a) except as may otherwise be set forth herein, NASDAQ shall not be liable to subscriber, its vendor or any other person for indirect, special, punitive, consequential, or incidental loss or damage (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover, or other indirect loss or damage) of any nature arising from any cause whatsoever, even if NASDAQ has been advised of the possibility of such damages. (b) NASDAQ shall not be liable to subscriber or any other person for any unavailability, interruption, delay, incompleteness, or inaccuracy of the information that lasts less than four (4) continuous hours during the time that NASDAQ regularly transmits the information or if the information is materially affected for less than four (4) continuous hours during the time that NASDAQ regularly transmits the information. (c) if NASDAQ is for any reason held liable to subscriber or to any other person, whether in tort or in contract, the liability of NASDAQ within a single year (from the effective date of the agreement) of the agreement [combined with the total of all claims or losses of subscriber's vendor, and any other person claiming through, on behalf of, or as harmed by (e) subscriber and NASDAQ understand and agree that the terms of this section reflect a reasonable allocation of risk and limitation of liability.
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Related to NASDAQ’S LIMITATION OF LIABILITY

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Disclaimers and Limitation of Liability EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

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