Common use of No Consequential Damages; Limitation of Liability Clause in Contracts

No Consequential Damages; Limitation of Liability. In no event shall SherWeb be liable for any incidental, consequential, indirect, special, punitive or exemplary damages, or damages for loss of profits or revenues, business information or other pecuniary loss, arising under or in connection with this agreement and even if advised of the possibility of such damages. The foregoing disclaimer of liability shall apply regardless of whether such liability is based on breach of contract, contractual or extra-contractual liability, tort, including strict liability, breach of a fundamental term, fundamental breach, or otherwise. In no event shall SherWeb’s liability under this Agreement exceed the amount paid, under this Agreement by Partner in the 12 month period immediately preceding the event giving rise to the Claim. Notwithstanding the foregoing, the foregoing disclaimer and limitation of liability shall not apply to the breach of the confidentiality obligations set out in Section 7 or SherWeb’s obligations to indemnify pursuant to Section 11(a).

Appears in 2 contracts

Samples: Service Level Agreement, Service Level Agreement

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No Consequential Damages; Limitation of Liability. In no event shall SherWeb be liable for any incidental, consequential, indirect, special, punitive or exemplary damages, or damages for loss of profits or revenues, business information or other pecuniary loss, arising under or in connection with this agreement and even if advised of the possibility of such damages. The foregoing disclaimer of liability shall apply regardless of whether such liability is based on breach of contract, contractual or extra-contractual liability, torttort (including without limitation negligence), including strict liability, breach of a fundamental term, fundamental breach, or otherwise. In no event shall SherWeb’s liability under this Agreement exceed the amount paid, under this Agreement by Partner Reseller in the 12 month period immediately preceding the event giving rise to the Claim. Notwithstanding the foregoing, the foregoing disclaimer and limitation of liability shall not apply to the breach of the confidentiality obligations set out in Section 7 8 or SherWeb’s obligations to indemnify pursuant to Section 11(a12(a).

Appears in 2 contracts

Samples: Service Level Agreement, Service Level Agreement

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No Consequential Damages; Limitation of Liability. In no event shall SherWeb AmdoSoft be liable for any incidental, consequential, indirect, special, punitive or exemplary damages, or damages for loss of profits or revenues, business information or other pecuniary loss, arising under or in connection with this agreement and even if advised of the possibility of such damages. The foregoing disclaimer of liability shall apply regardless of whether such liability is based on breach of contract, contractual or extra-contractual liability, tort, including strict liability, breach of a fundamental term, fundamental breach, or otherwise. In no event shall SherWebAmdoSoft’s liability under this Agreement exceed the amount paid, under this Agreement by Partner in the 12 month period immediately preceding the event giving rise to the Claim. Notwithstanding the foregoing, the foregoing disclaimer and limitation of liability shall not apply to the breach of the confidentiality obligations set out in Section 7 or SherWebAmdoSoft’s obligations to indemnify pursuant to Section 11(a).

Appears in 1 contract

Samples: Partner Master Service Agreement

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