Common use of Warranties Limitation of Liability Clause in Contracts

Warranties Limitation of Liability. Neither CID nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, CID and its data providers are hereby collectively referred to as “CID”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related data) for any loss or injury arising out of or caused in whole or in part by XXX’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IDV Services. If, notwithstanding the foregoing, liability can be imposed on CID, then Customer agrees that CID's aggregate liability for any and all losses or injuries arising out of any act or omission of CID in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CID’s indemnification obligation detailed in Section 10 hereof; and Customer covenants and promises that it will not sue CID for an amount greater than such sum even if CID and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CID. XXX does not make and hereby disclaims any warranty, express or implied, with respect to the IDV Services provided hereunder; provided, however, that XXX does hereby warrant that XXX has complied with the law, and applicable third-party data provider contracts in providing the IDV Services. CID does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV Services or the components thereof or information provided hereunder. In no event shall CID be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.

Warranties Limitation of Liability. Neither CID nor any third party data provider (for purposes a) Licensor cannot guarantee the accuracy or completeness of indemnification, warrantiesthe Software thereof, and limitations provides the software stack to Licensee on liability, CID an “AS IS” and its data providers are hereby collectively referred to as “CID”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related data) AS AVAILABLE” basis. Licensor further disclaims liability for any loss error, defect, or injury arising out of anomaly in the Software caused directly or caused indirectly, in whole or in part, by Licensee's download or installation of any part of the Licensed Products from the media supplied to Licensee by XXXLicensor or its sublicensors. (b) Licensor does not warrant that the functions contained in the Software will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free. Licensor shall have no responsibility for problems in the Software which are caused by alterations or modifications made by Licensee or a third party, arise out of the malfunction of Licensee’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicatingequipment, or delivering the IDV Servicescaused by other software products not licensed by Licensor. If, notwithstanding the foregoing, liability can be imposed on CID, then Customer agrees that CID's aggregate liability for any and all losses or injuries arising out of any act or omission of CID in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CID’s indemnification obligation detailed in Section 10 hereof; and Customer covenants and promises that it will not sue CID for an amount greater than such sum even if CID and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CID. XXX does not make and hereby disclaims any Licensor makes no warranty, express or implied, with respect regarding any Third Party Software or the adequacy or capacity of any Third Party Software or hardware to the IDV Services provided hereunder; provided, however, that XXX does hereby warrant that XXX has complied with the law, and applicable third-party data provider contracts in providing the IDV Services. CID does not guarantee attain some or warrant the correctness, completeness, merchantability, or fitness for a particular purpose all of the IDV Services performance objectives of Licensee. THE SOFTWARE IS PROVIDED AND LICENSED “AS IS” AND USE OF THE SOFTWARE IS AT LICENSEE’S RISK. AIRBEE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SOFTWARE IS DELIVERED FREE OF ANY THIRD PARTY CLAIMS BY WAY OF INFRINGEMENT OR OTHERWISE. AIRBEE DOES NOT WARRANT NOR MAKE ANY CONDITION OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE REQUIREMENTS OF THE LICENSEE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR FREE OF DEFECTS OR VIRUS FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, AIRBEE DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AIRBEE OR OTHERS SHALL CREATE A WARRANTY, CONDITION OR REPRESENTATION OR IN ANY WAY EXTEND THE SCOPE OF THE “AS IS” PROVISION OF THE SOFTWARE. This section shall survive the termination or the components thereof or information provided hereunder. In no event shall CID be liable for any indirectexpiry of this Agreement. (c) LICENSOR WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE (i) CAUSED BY ERRORS OF OMISSIONS IN THE SYSTEM, incidental(ii) RESULTING FROM ERRORS IN PACKAGING THE DATA CONTAINED IN THE SYSTEM, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereofOR (iii) RESULTING FROM ANY USE OF THE SYSTEM INCLUDING ANY INDIRECT OR CONSEQUENTIAL DAMAGES.

Warranties Limitation of Liability. Neither CID nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, CID and its data providers are hereby collectively referred to as “CID”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related data) for any loss or injury arising out of or caused in whole or in part by XXX’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IDV Services. If, notwithstanding the foregoing, liability can be imposed on CID, then Customer agrees that CID's aggregate liability for any and all losses or injuries arising out of any act or omission of CID in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CID’s indemnification obligation detailed in Section 10 hereof; and Customer covenants and promises that it will not sue CID for an amount greater than such sum even if CID and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CIDXXX. XXX does not make and hereby disclaims any warranty, express or implied, with respect to the IDV Services provided hereunder; provided, however, that XXX does hereby warrant that XXX has complied with the law, and applicable third-party data provider contracts in providing the IDV Services. CID does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV Services or the components thereof or information provided hereunder. In no event shall CID be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.

Warranties Limitation of Liability. Neither CID IRBsearch, nor their subsidiaries and affiliates, nor any third third-party data provider (for purposes of indemnification, warranties, and limitations on liability, CID IRBsearch, their subsidiaries and its affiliates, and their data providers are hereby collectively referred to as “CIDIRBsearch”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related datadata from IRBsearch Services) for any loss or injury arising out of or caused in whole or in part by XXXIRBsearch’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IDV IRBsearch Services. If, notwithstanding the foregoing, liability can be imposed on CIDIRBsearch, then Customer agrees that CID's IRBsearch’s aggregate liability for any and all losses or injuries arising out of any act or omission of CID IRBsearch in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CIDIRBsearch’s indemnification obligation detailed in Terms and Conditions Section 10 13 hereof; , and Customer customer covenants and promises that it will not sue CID xxx IRBsearch for an amount greater than such sum even if CID Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CIDIRBsearch. XXX IRBsearch does not make and hereby disclaims any warranty, express or implied, with respect to the IDV IRBsearch Services provided hereunder; provided, however, that XXX IRBsearch does hereby warrant that XXX IRBsearch has complied with the law, law and applicable third-party data provider contracts in providing the IDV IRBsearch Services. CID IRBsearch does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV IRBsearch Services or the components thereof or information provided hereundertherein. In no event shall CID IRBsearch be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.

Warranties Limitation of Liability. Neither CID LocatePLUS, nor its subsidiaries and affiliates, nor any third third-party data provider (for purposes of indemnification, warranties, and limitations on liability, CID LocatePLUS, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as “CID“ LocatePLUS”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related datadata from the LocatePLUS Services) for any loss or injury arising out of or caused in whole or in part by XXX’s LocatePLUS 's acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IDV LocatePLUS Services. If, notwithstanding the foregoing, liability can be imposed on CIDLocatePLUS, then Customer agrees that CID's LocatePLUS’s aggregate liability for any and all losses or injuries arising out of any act or omission of CID LocatePLUS in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed One Hundred Dollars ($100.00; provided, however, that such limitation of liability shall not apply to CID’s indemnification obligation detailed in Section 10 hereof); and Customer covenants and promises that it will not sue CID xxx LocatePLUS for an amount greater than such sum even if CID Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CIDLocatePLUS. XXX LocatePLUS does not make and hereby disclaims any warranty, express or implied, implied with respect to the IDV Services provided hereunder; provided, however, that XXX does hereby warrant that XXX has complied with the law, and applicable third-party data provider contracts in providing the IDV LocatePLUS Services. CID LocatePLUS does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV LocatePLUS Services or the components thereof or information provided hereundertherein. In no event shall CID LocatePLUS be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof. Due to the nature of public record information, the public records and commercially available data sources used in LocatePLUS Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. LocatePLUS Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.

Warranties Limitation of Liability. Neither CID nor 7.1 Supplier represents and warrants that all Products supplied by Supplier under this Agreement shall be (i) free from liens and defects in title that prevent their distribution to or by Purchaser and (iii) free from any third party data provider defects in materials and workmanship. Supplier further represents and warrants that the Products sold by Supplier to Purchaser as the Products conforming to the Specifications shall meet the Specifications. 7.2 Without prejudice to any other rights Purchaser may have under this Agreement, if Supplier’s warranty in Section 7.1 is breached, Purchaser, at Purchaser’s sole option, may by written notice (i) demand and receive a refund of the applicable purchase price (or the portion of the purchase price applicable to the returned Products) upon the return (at Supplier’s sole cost) of all or a portion of the Products which fail to conform to Supplier’s warranty in Section 7.1 and/or (ii) demand and receive replacement for purposes the Products which fail to conform to Supplier’s warranty in Section 7.1. 7.3 In case Purchaser exercises its right to return all or a portion of indemnificationthe Products pursuant to Section 7.2, warrantiesSupplier shall immediately repay the applicable purchase price (or the portion of the purchase price applicable to the returned Products) by wire transferring such purchase price into a bank account designated by Purchaser, and limitations on liabilitySupplier shall bear and pay all banking charges related to such payment. In case Purchaser exercises its right to demand replacement pursuant to Section 7.2, CID and its data providers are hereby collectively referred to Supplier shall, as “CID”) shall be liable to Customer soon as practicable, deliver (or cause to be delivered) the replacement to the location designated by Purchaser, and Supplier shall bear and pay all fees and expenses associated with such delivery. 7.4 Notwithstanding any person claiming through Customer provision to whom Customer may have provided IDV service-related data) the contrary, Supplier shall not be responsible or liable for any loss or injury breach of this Agreement arising out of or caused related to SunPower Philippines’ breach of its obligations under the Polysilicon Supply Agreement or otherwise attributable to Purchaser, including Purchaser’s breach of the License Agreement, and Purchaser shall not be entitled to seek or receive any remedies against Supplier in whole case the breach by Supplier is attributable to Purchaser or in part by XXXPurchaser’s acts or omissions in procuringsubsidiaries. 7.5 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, compilingEXEMPLARY, collectingPUNITIVE, interpretingINDIRECT, reportingINCIDENTAL OR CONSEQUENTIAL DAMAGES, communicatingWHETHER ARISING OUT OF CONTRACT, or delivering the IDV Services. IfTORT, notwithstanding the foregoing, liability can be imposed on CID, then Customer agrees that CID's aggregate liability for STRICT LIABILITY OR OTHERWISE RESULTING FROM OR RELATED TO THIS AGREEMENT (WHETHER OR NOT A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES). 7.6 Without prejudice to any and all losses or injuries arising out of any act or omission of CID in connection with anything to be done or furnished other rights Purchaser may have under this Agreement, regardless notwithstanding anything to the contrary contained in this Agreement, if Supplier (without having received written authorization or consent of Purchaser) sells or otherwise transfers to a third party (i.e., to a Person other than Purchaser or any subsidiary or designee of Purchaser) any of the cause SP Polysilicon Based Products that meet the Specifications and if as a result of such sale or other transfer the amount of the loss Basket equals or injuryexceeds five (5) metric tons, then (i) Supplier shall pay to Purchaser, within 30 days after the date of such sale or other transfer, an amount equal to the product of (A) the purchase price determined in accordance with the formula set forth in Schedule 3.1(a) using the most recent price for SP Polysilicon for purposes of such formula, (B) the amount of the Basket as of the time of such sale or other transfer (taking into account such sale or other transfer), and regardless (C) four (4) and (ii) the amount of the nature Basket shall be reset to (and be deemed to be) zero (0) as of immediately after such sale or other transfer. Any and all payments by Supplier hereunder shall be made in United States dollars by wire transfer of the legal or equitable right claimed applicable payment into the bank account notified by Supplier to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CID’s indemnification obligation detailed Purchaser in Section 10 hereof; and Customer covenants and promises that it will not sue CID for an amount greater than such sum even if CID and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CID. XXX does not make and hereby disclaims any warranty, express or implied, with respect to the IDV Services provided hereunder; provided, however, that XXX does hereby warrant that XXX has complied with the law, and applicable third-party data provider contracts in providing the IDV Services. CID does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV Services or the components thereof or information provided hereunder. In no event shall CID be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereofwriting.

Warranties Limitation of Liability. Neither CID UDT, nor their subsidiaries and affiliates, nor any third third-party data provider (for purposes of indemnification, warranties, and limitations on liability, CID UDT, their subsidiaries and its affiliates, and their data providers are hereby collectively referred to as “CID”" UDT ") shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided IDV service-related datadata from UDT Services) for any loss or injury arising out of or caused in whole or in part by XXXUDT’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IDV UDT Services. IfUDT has provided a Customer referral and rating system to certain Customers. Any Customer who chooses to utilize this Customer referral and rating system hereby releases and discharges any claims or liability against UDT related to this Customer referral and rating system. UDT shall not be held liable to any Customer or Third Party for any negative rating or comments regarding the services performed by the Customer and Customer acknowledges that UDT has no liability for any damages and/or consequences whatsoever related to Customer's participation in or use of this Customer referral and rating system. By agreeing to these Terms and Conditions, notwithstanding the foregoingCustomer agrees not to post any content or take any action on this site that infringes or violates someone else's rights, otherwise violates the law and adheres to the UDT Community Guidelines. UDT reserves the right to remove any content or information Customer posts on our site for any reason. If liability can be imposed on CIDUDT, then Customer agrees that CID's UDT’s aggregate liability for any and all losses or injuries arising out of any act or omission of CID UDT in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to CIDUDT’s indemnification obligation detailed in Terms and Conditions Section 10 14 hereof; , and Customer customer covenants and promises that it will not sue CID xxx UDT for an amount greater than such sum even if CID Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against CIDUDT. XXX UDT does not make and hereby disclaims any warranty, express or implied, with respect to the IDV UDT Services provided hereunder; provided, however, that XXX UDT does hereby warrant that XXX UDT has complied with the law, law and applicable third-party data provider contracts in providing the IDV UDT Services. CID UDT does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IDV UDT Services or the components thereof or information provided hereundertherein. In no event shall CID UDT be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.