Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CON-TRARY IN THIS CONTRACT, INCLUDING ALL DOCUMENTS MAKING PART THEREOF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER BE LIABLE TO THE BUYER FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE, INTERRUPTION OF PRODUCTION, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT POWER, ANY AND ALL COSTS RELATING TO DELAY, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS BY THE BUYER’S CUS-TOMERS FOR SUCH DAMAGES, IN CONNECTION WITH THIS CONTRACT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER BASIS OF LEGAL LIABILITY. THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE NET VALUE OF THE PRODUCTS DELIVERED, WHICH WERE THE CAUSE OF THE DAMAGE OR TO CHF 25'OOO (TWENTY FIVE THOUSAND SWISS FRANCS) WHICHEVER IS HIGHER, UNLESS CLAIMS ARISE FROM GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE SELLER.
Overall Limitation of Liability. Nouryon will not be liable for any loss or damage caused by Buyer’s failure to exercise effective quality control or the failure to store, use or otherwise handle the Goods as advised or in accordance with instructions provided by Nouryon or industry standards. NOURYON WILL NOT BE LIABLE TO BUYER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, DIMINUTION IN VALUE, OR DEPLETION OF GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE. NOURYON’S AGGREGATE LIABILITY TO BUYER IN RESPECT OF ANY AND ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT WILL IN NO WAY EXCEED THE PRICE OF THE GOODS TO WHICH THE CLAIM RELATES OR EUR 200,000, WHICHEVER IS THE LOWER.
Overall Limitation of Liability. Notwithstanding anything to the contrary contained in this Agreement, in no event shall Supplier, its parent company, Affiliates and agents be liable, alone or in the aggregate, to Purchaser for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities related in any manner to this Agreement, the Warranty Agreement and the OMS Agreement in excess of an amount equal to ***** percent (*****%) of the Purchase Price, regardless of whether such liability arises out of breach of contract, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory; provided, however, the preceding limitation of liability shall not apply to, and no credit shall be issued against such liability for, (a) Supplier’s indemnity obligations set forth in Section 13.1 solely as they relate to claims by third Parties for bodily injury or property damage, or (b) the fraud or willful misconduct of Supplier.
Overall Limitation of Liability. Notwithstanding any other provision of this Agreement, (a) Contractor's maximum liability for the aggregate of Block Delay Liquidated Damages, Facility Delay Liquidated Damages and Block Capacity Liquidated Damages shall not exceed *** percent (***%) of the Contract Price, (b) Contractor's maximum liability for Final Capacity Liquidated Damages shall not exceed *** percent (***%) of the Contract Price, (c) Contractor's cumulative maximum liability for liquidated damages described in subclauses (a) and (b) above, under this Agreement shall not exceed *** percent (***%) of the Contract Price and (d) Contractor's cumulative maximum liability to Owner under this Agreement shall not exceed (i) for the period through the Facility Substantial Completion Date with respect to any claim arising on or before the Facility Substantial Completion Date (even if actually claimed or ultimately resolved or due after the Facility Substantial Completion Date), *** (***%) of the Contract Price and (ii) for the period after the Facility Substantial Completion Date with respect to any claim arising after the Facility Substantial Completion Date, *** percent (***%) of the Contract Price. The foregoing limitation of liability shall not apply with respect to claims made by, damages incurred by, or amounts payable to third parties pursuant to an indemnity given hereunder or claims arising out of Contractor's fraud or willful misconduct. To the extent any provision of this Agreement establishes a lower limit of liability of a Party with respect to a particular component or type of liability, such lower limit of liability shall control with respect to the relevant component or type of liability. Any *** paid by Contractor hereunder plus *** shall be included in and count toward Contractor's cumulative maximum liability as provided above. Notwithstanding anything herein to the contrary, no liabilities of Contractor to Owner covered by insurance carried by Contractor pursuant to Article 23 (except deductibles paid by Contractor) shall be included in Contractor's aggregate liability for the purposes of determining the limit on Contractor's liability to Owner pursuant to this Agreement.
Overall Limitation of Liability. Notwithstanding anything to the contrary contained in any of the Contract Documents and without modification of other limits of liability set forth herein or therein, in no event shall Supplier, Supplier Parent and their Affiliates be liable, alone or in the aggregate, to Buyer for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of an amount equal to one hundred percent (100%) of the Maximum Liability regardless of whether such liability arises out of breach of contract, guaranty or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory; provided, however, that the preceding limitation of liability shall not apply to, and no credit shall be issued against such liability for: (a) Supplier’s indemnity obligations set forth in solely as they relate to claims by third parties; or (b) liabilities resulting from (i) the gross negligence of Supplier or its Subcontractors or (ii) willful misconduct of Supplier or its Subcontractors. Any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities of Supplier, Supplier Parent and their Affiliates arising under this Agreement and the Warranty Agreement shall be applied towards the foregoing aggregate liability cap (i.e., shall reduce Supplier’s liability under this Agreement on a Dollar for Dollar basis). The limits on the amount of insurance required to be maintained hereunder pursuant to shall not operate to limit Supplier’s liability under this Agreement.
Overall Limitation of Liability. Notwithstanding any other provision of this Agreement, the cumulative maximum liability of a Party to the other Party under this Agreement shall not exceed one hundred percent (100%) of the Contract Price, the maximum liability of Contractor for Facility Delay Liquidated Damages shall not exceed twenty percent (20%) of the Contract Price and the maximum liability of Contractor for Final Capacity Liquidated Damages shall not exceed twenty percent (20%). The foregoing limitation of liability shall not apply with respect to claims made by, damages incurred by, or amounts payable to third parties pursuant to an indemnity given hereunder or claims arising out of such Party’s fraud or willful misconduct. To the extent any provision of this Agreement establishes a lower limit of liability of a Party with respect to a particular component or type of liability, such lower limit of liability shall control with respect to the relevant component or type of liability. Notwithstanding anything herein to the contrary, no liabilities of Contractor to Owner that are covered by insurance carried by Contractor pursuant to Article 23 (except deductibles paid by Contractor) shall count towards Contractor’s cumulative maximum liability to Owner pursuant to this Agreement.
Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLIENT AGREES THAT THE LIABILITY OF S & B, AND ITS SUBCONTRACTORS, AGENTS, CONSULTANTS AND EMPLOYEES, WITH RESPECT TO ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT OR THE RENDITION OF SERVICES IN CONNECTION THEREWITH, OR THE USE OF ANY PART OF THE WORK, WHETHER BASED IN CONTRACT, BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING S & B’S OR ITS SUBCONTRACTORS’ SOLE OR CONTRIBUTORY NEGLIGENCE AND STRICT LIABILITY), STATUTE, EQUITY OR OTHER THEORY OF LAW, SHALL BE LIMITED TO THE LESSER OF TEN PERCENT OF THE VALUE OF THE WORK WHICH GAVE RISE TO THE LIABILITY OR ONE MILLION STATES DOLLARS (U.S. $1,000,000.00) PER OCCURRENCE AND IN THE AGGREGATE, REGARDLESS OF S & B’S OR ITS SUBCONTRACTORS’ FAULT, NEGLIGENCE OR STRICT LIABILITY.
Overall Limitation of Liability. In no event shall National Wire LLC be liable to Buyer or any third party for any loss or damage caused by Buyer’s failure to exercise effective quality control or the failure to store, use or otherwise oversee the Goods as advised or in accordance with instructions provided by National Wire LLC or industry standards. NATIONAL WIRE LLC WILL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS OF USE, PROFIT, LOSS OF BUSINESS, DIMINUTION IN VALUE, OR DEPLETION OF GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE. NATIONAL WIRE LLC’S AGGREGATE LIABILITY TO BUYER IN RESPECT OF ANY AND ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT WILL IN NO WAY EXCEED THE PRICE OF THE GOODS TO WHICH THE CLAIM RELATES OR USD $20,000, WHICHEVER IS LESS.
Overall Limitation of Liability. The total aggregate liability of Contractor to Owner, the Financing Parties, or any other party claiming through either of them hereunder on claims of any kind in any way arising out of the Work or Contractor’s alleged breach of this Agreement, shall in no case exceed an amount equal to * percent (*%) of the Total Contractor Compensation for (a) after Contractor has conducted a Performance Test, but failed to achieve the minimum requirements necessary to successfully pass such Performance Test, amounts expended on rework, repair, replacement or other modifications and additional work to correct defects or errors for which Contractor is financially responsible under the terms of the Agreement, and (b) all liquidated damages paid by Contractor to Owner pursuant to Article 8 or (c) other damage or liability amounts paid to Owner hereunder; provided that such limitation of liability shall not apply to or limit Contractor’s liability:
(i) for any loss, claim or damage suffered or sustained due to willful misconduct of Contractor or any Subcontractor;
(ii) for any indemnity obligation of Contractor under Article 12;
(iii) with respect to any claims against Owner by any Subcontractor of Contractor;
(iv) for any failure of Contractor to obtain or maintain the insurance required under Article 2.9 hereof; and
(v) before Contractor has conducted a Performance Test, but failed to achieve the minimum requirements necessary to successfully pass such Performance Test, amounts expended on rework, repair, replacement or other modification and additional work to correct defects or errors for which Contractor is financially responsible under the terms of the Agreement.
Overall Limitation of Liability. 19.1 Notwithstanding any other provisions of the Agreement, AXESSTEL and its respective employees, directors, officers, agents, sub-contractors, and suppliers shall not be liable to TTL, or its employees, directors, officers, agents, or any other person/party for any indirect, special, incidental, consequential or exemplary damages or loss, or for any lost profits, revenues, goodwill or savings arising out of this Agreement or resulting from the use or performance of any Product, whether in an action for breach of warranty, breach of contract, late Delivery, negligence, strict liability, tort, indemnity, or otherwise.
19.2 Notwithstanding any other condition in this Agreement, AXESSTEL’s overall liability under or in connection with the Agreement shall not exceed [***]; provided however, that said cap shall be increased to [***] in those instances where AXESSTEL has breached its obligations under Article 23 (Confidentiality and Use of Information), Article 22 (Liens and Encumbrances) or Article 27 (Intellectual Property Rights) of this Agreement; provided however, that said cap shall be increased to [***] in those instances where TTL has breached its obligations under Article 23 (Confidentiality and Use of Information), Article 22 (Liens and Encumbrances) or Article 27 (Intellectual Property Rights) of this Agreement.
19.3 A Party suffering a loss or damages shall take reasonable measures to limit such loss or damage. In addition, the provisions of this Article shall survive the termination or expiry of this Agreement.
