Scope of Damages. The Indemnified Party shall use its reasonable business judgment in minimizing any Loss upon becoming aware of any event that would reasonably be expected to, or does, give rise thereto.
Scope of Damages. The lessor’s liability for damages shall in no event exceed the total rentals, if any received from the lessee by the lessor for the equipment which is the subject of claim or dispute and pursuant to this agreement.
Scope of Damages. Indemnification under Section 2 is limited to material and non-material damages as provided in the GDPR and excludes consequential damages and all other damages not resulting from Microsoft’s infringement of the GDPR.
Scope of Damages. HARBORTOUCH, ITS AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS SHALL NOT BE RESPONSIBLE TO THE MERCHANT OR ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER INCIDENTAL, PUNITIVE OR ECONOMIC DAMAGES (INCLUDING THOSE ASSOCIATED WITH IMPROPER OR INADEQUATE TAXES CHARGED), WHETHER ARISING FROM MERCHANT'S USE (OR INABILITY TO USE) THE EQUIPMENT, SOFTWARE, SERVICES PROVIDED IN CONNECTION HEREWITH, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MERCHANT BE ENTITLED TO RECOVER OR COLLECT ANY DAMAGES IN THE AGGREGATE IN EXCESS OF AN AMOUNT EQUAL TO THE FEES PAID UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE MERCHANT'S FIRST CLAIM OF ALLEGED DAMAGES. NOTWITHSTANDING THE FOREGOING, HARBORTOUCH, ITS AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNTIME OF THE EQUIPMENT OR SOFTWARE.
Scope of Damages. 8.7.1 The amount of any Damages payable by a Party under this Agreement (“Indemnitor”) shall be net of any amounts actually recovered by the Indemnified Person under applicable insurance policies or from any other Person alleged to be responsible therefor. If the Indemnified Person is entitled to recover from any insurer or third party any sum in respect of any matter giving rise to a Claim for indemnification under this Agreement, the Indemnified Person shall undertake all commercially reasonable and appropriate steps to enforce such recovery. If the Indemnified Person receives any amounts under applicable insurance policies, or from any other Person alleged to be responsible for any Damages, subsequent to an applicable indemnification payment by the Indemnitor, then such Indemnified Person shall promptly reimburse the Indemnitor for any payment made or expense incurred by such Indemnitor in connection with providing such indemnification payment up to the amount received by the Indemnified Person, net of any expenses incurred by such Indemnified Person in collecting such amount. The amount of any Damages payable by an Indemnitor shall be net of any Tax benefits realized by the Indemnified Person as a result of such Damages.
Scope of Damages. In consideration of the rental of Equipment, Xxxxxx agrees that Xxxxxx’s liability under this Agreement or any related quote/purchase order, including any liability arising from Lessor’s or any third party’s comparative, concurrent, contributory, passive or active negligence or that arises as a result of any strict or absolute liability, shall not exceed the total rental charges paid by Lessee under this Agreement or any related quote/purchase order.
Scope of Damages. Indemnification under Section 3 of the Safeguards Addendum is limited to material and non- material damages as provided in the GDPR and excludes consequential damages and all other damages not resulting from Rubrik’s infringement of the GDPR.
Scope of Damages. LESSOR'S LIABILITY AND INDEMNITY OBLIGATIONS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL RENTALS RECEIVED FROM LESSEE BY LESSOR FOR THE EQUIPMENT WHICH IS THE SUBJECT OF CLAIM OR DISPUTE.
Scope of Damages. No party to this agreement shall be liable to any other party to this Agreement for special, incidental or consequential damages in any action or proceeding relating to the performance or failure to perform this Agreement or any provisions hereof, or relating to any act of failure to act in respect of this Agreement.
Scope of Damages. No party to this contract shall be liable to any other party to this Contract for special, incidental or consequential damages in any action or proceeding relating to the performance or failure to perform this Contract or any provisions hereof, or relating to any act of failure to act in respect of this Contract.
