OF LIABILITY. The Recipient's liability to indemnify and release the Department under clauses 15.1 and 15.2 will be reduced proportionately to the extent that any negligent or unlawful act or omission, or wilful misconduct on the part of the Department (including its officers and employees) contributed to the relevant Loss.
OF LIABILITY. Notwithstanding the above, the Receiving Party shall not have liability to the Disclosing Party with regard to any Confidential Information of the Disclosing Party that (i) is shown by written documentation to be already in the possession of, known to, or independently developed by the Receiving Party prior to disclosure hereunder and prior to such Receiving Party having an obligation of confidentiality with respect to such Confidential Information, in each case provided that, to the extent such Confidential Information was obtained by the Receiving Party from a third party, such third party did not commit a breach of an obligation of confidence with respect to such Confidential Information, (ii) becomes publicly available through no fault or breach of the Receiving Party, (iii) is shown by written documentation to have been obtained by the Receiving Party from a third party without breach by such third party of an obligation of confidence with respect to the Confidential Information disclosed, or (iv) as demonstrated through written documentation, has been or is developed by the Receiving Party independently of (e.g., without use of) any such Confidential Information disclosed by the Disclosing Party.
OF LIABILITY. COVERED ENTITY SHALL NOT BE LIABLE TO BUSINESS ASSOCIATE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
OF LIABILITY. 11.1 Limitation of Liability.
OF LIABILITY. 15.1. The Article and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
OF LIABILITY. A. Each Person/Each Accident Limits of Liability GE 12345 GENERAL 12345 GENERAL If the limit of liability for Underinsured Motorists Coverage shown on your Declarations Page for a vehicle consists of one limit of each person and another limit for each accident, the limit of liability shown for each person is the maximum we will pay for all damages arising out of bodily injury sustained by any one person in any one auto accident. The each person limit includes all claims or lawsuits of others derived from the bodily injury of the insured. This includes, but is not limited to, claims or lawsuits for emotional distress or mental anguish as a result of observing another sustain bodily injury. It also includes:
OF LIABILITY. A. Each Person/Each Accident Limits of Liability If the limit of liability for Bodily Injury Liability Coverage shown on your Declarations Page for a vehicle consists of one limit for each person and another limit for each accident, the limit of liability shown for each person is the maximum we will pay for all damages arising out of bodily injury sustained by any one person in any one accident. The each person limit includes all claims or lawsuits of others derived from the bodily injury of the injured person. This includes, but is not limited to, claims or lawsuits for emotional distress or mental anguish as a result of observing another person sustain bodily injury. It also includes:
OF LIABILITY. EXCEPT AS SET FORTH UNDER SECTIONS 13.1 OR 13.2 OR IN CONNECTION WITH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR BREACH OF THE PROVISIONS OF ARTICLE 9, OR OTHERWISE AS SET FORTH IN SECTION 5.6: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES FOR (A) ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOST REVENUES, OR (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, KNOW-HOW, OR SERVICES, WHETHER UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY. ADDITIONALLY, NOTHING IN THIS AGREEMENT SHALL REMOVE OR LIMIT EITHER PARTY’S LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, OR ANY OTHER MATTER OR LIABILITY FOR WHICH, BY LAW, MAY NOT BE REMOVED OR LIMITED.
OF LIABILITY. EXCEPT WITH RESPECT TO EXCLUDED CLAIMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF (I) $300,000 (OR $1,000 FOR LIABILITY ARISING FROM USE OF EVALUATION PRODUCTS ONLY) OR (II) THE FEES PAID OR PAYABLE UNDER THE AGREEMENT DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM ARISING, EXCEPT THAT FOR ANY LIABILITY ARISING FROM THE UNAUTHORIZED DISCLOSURE OF CUSTOMER DATA DIRECTLY RESULTING FROM OUR FAILURE TO ABIDE BY OUR DATA SECURITY OBLIGATIONS SET FORTH IN THE AGREEMENT OR THE DOCUMENTATION, OUR TOTAL AGGREGATE LIABILITY TO YOU FROM SUCH CLAIMS WILL BE THE GREATER OF (I) $600,000 OR (II) TWO TIMES (2x) THE FEES PAID OR PAYABLE UNDER THE AGREEMENT DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM ARISING. 지연비용, 담보비용, 일실이익에 대한 손해 포함)에 대하여 상대방 당사자가 해당 손실 또는 손해의 발생 가능성에 대하여 고지 받았는지 여부를 불문하고 해당 당사자에게 책임을 지지 않습니다. 전술한 제외사항은 (i) 일방 당사자의 중대한 과실, 사기, 고의적 부정행위 또는 관련 법률의 위반, (ii) 본 마스터서비스계약에 따른 고객의 지급 의무, (iii) 제7조(면책)에 따른 일방 당사자의 의무 및 (iv) 일방 당사자에 의한 상대방 당사자의 지식재산권 침해(이하 총칭하여 “청구제외 항목”)에는 적용되지 않습니다. b. 책임의 제한. 청구제외 항목에 관한 경우를 제외하고 법률상 허용되는 최대 한도 내에서, 어떠한 경우에도 본건 계약으로부터 또는 본건 계약과 관련하여 발생하는 당사자 또는 그 계열사의 총 책임은 계약, 불법행위 등에 의한 여부를 불문하고, (i) 30만 달러(평가 제품만 사용하여 발생한 책임의 경우 1천 달러) 또는 (ii) 청구 발생 전 12개월 동안 본건 계약에 따라 지급되었거나 지급되어🅓 하는 요금 중 큰 금액을 초과하지 않습니다. 단, 당사가 본건 계약 또는 본건 문서에 명시된 당사의 정보보안 의무를 준수하지 않아 직접적으로 발생한 고객정보 무단 공개로 인한 청구로 당사가 고객에 대하여 부담하는 총 책임은 (i) 60만 달러 또는 (ii) 청구 발생 전 12개월 동안 본건 계약에 따라 지급되었거나 지급되어🅓 하는 요금의 2배 중 큰 금액으로 합니다.
