Common use of Poland Clause in Contracts

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31, 01-208 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31Xxxxxxxxxxx 00, 0100-208 Warsaw000 Xxxxxx, Poland Xxxxxx and the following terms apply: : (a) the Governing Law will be the laws of Republic of Poland; and and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31Prosta 67, 0100-208 838 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31Xxxxxx 00, 0100-208 Warsaw000 Xxxxxx, Poland Xxxxxx and the following terms apply: : (a) the Governing Law will be the laws of Republic of Poland; and and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31Prosta 67, 0100-208 Warsaw838Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31, 01-208 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”