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. To the maximum extent permitted by applicable law, no shareholder, member, director, manager, officer or employee of either party to this Agreement shall have any personal liability with respect to the liabilities or obligations of such party under this Agreement.
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.
of Liability. 11.1 Limitation of Liability.
(a) EXCEPT AS OTHERWISE PROVIDED IN SECTION 11.2, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 11.2, IN NO EVENT WILL EITHER PARTY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE PROCESSOR IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
of Liability. These limits DO NOT increase the Coverage C limit of liability. The special limit for each following numbered category is the total limit for each loss for all property in that numbered category.
of Liability. ICANN'S AGGREGATE MONETARY LIABILITY FOR VIOLATIONS OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF REGISTRY-LEVEL FEES PAID BY REGISTRY OPERATOR TO ICANN WITHIN THE PRECEDING TWELVE-MONTH PERIOD PURSUANT TO SECTION 7.2 OF THIS AGREEMENT. REGISTRY OPERATOR'S AGGREGATE MONETARY LIABILITY TO ICANN FOR VIOLATIONS OF THIS AGREEMENT SHALL BE LIMITED TO FEES AND MONETARY SANCTIONS DUE AND OWING TO ICANN UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDERTAKEN IN THIS AGREEMENT, EXCEPT AS PROVIDED PURSUANT TO SECTION 4.4 OF THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, REGISTRY OPERATOR DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITSELF, ITS SERVANTS, OR ITS AGENTS OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
of Liability. Tenant acknowledges and agrees that a license only is hereby granted, and no bailment is intended or shall be created.
of Liability. 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.
