Common use of Restricted Liability Clause in Contracts

Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RedSeal’s indemnification obligations under section 11.2.1 of this Agreement or (ii) any liability which may not be excluded by law. (iii) RedSeal shall be liable to Customer only if RedSeal has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSeal’s obligations under the applicable Service Level Agreement)

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

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Restricted Liability. In all other cases, the following shall apply: (i) RedSealRSA’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal RSA for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RedSealRSA’s indemnification obligations under section 11.2.1 of this Agreement or (ii) any liability which may not be excluded by law. (iii) RedSeal RSA shall be liable to Customer only if RedSeal RSA has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal RSA shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal RSA (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSealRSA’s obligations under the applicable Service Level Agreement)

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Restricted Liability. In all other cases, the following shall apply: (i) RedSealService Provider’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal Service Provider for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RedSealservice provider’s indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal Service Provider shall be liable to Customer only if RedSeal Service Provider has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal Service Provider shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal Service Provider (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSealService Provider’s obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RedSeal’s NetWitness’ indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal NetWitness shall be liable to Customer only if RedSeal NetWitness has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to RedSeal’s NetWitness’ obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than morethan 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RedSeal’s NetWitness’ indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal NetWitness shall be liable to Customer only if RedSeal NetWitness has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are damagesare untypical or unforeseeable. In no event shall RedSeal NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to RedSealNetWitness’s obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RedSeal’s NetWitness’ indemnification obligations under section 11.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal NetWitness shall be liable to Customer only if RedSeal NetWitness has breached a material contractual obligation (i.e. i.e., an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to RedSeal’s NetWitness’ obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

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Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than morethan 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RedSeal’s NetWitness’ indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal NetWitness shall be liable to Customer only if RedSeal NetWitness has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are damagesare untypical or unforeseeable. In no event shall RedSeal NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSealNetWitness’s obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

Restricted Liability. In all other cases, the following shall apply: (i) RedSealRSA’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal RSA for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RedSealRSA’s indemnification obligations under section 11.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal RSA shall be liable to Customer only if RedSeal RSA has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). . (iv) RedSeal RSA shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal RSA (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSealRSA’s obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RedSeal NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RedSeal’s NetWitness’ indemnification obligations under section 11.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RedSeal NetWitness shall be liable to Customer only if RedSeal NetWitness has breached a material contractual obligation (i.e. i.e., an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RedSeal NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RedSeal NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RedSeal’s NetWitness’ obligations under the applicable Service Level Agreement)

Appears in 1 contract

Samples: Terms of Service

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