Common use of WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY Clause in Contracts

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. POWER GRIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED BY POWER GRIDS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND POWER GRIDS EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE NOT CONSIDERED ACCOUNTING SERVICES. UNDER NO CIRCUMSTANCES SHALL POWER GRIDS BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL POWER GRIDS BE LIABLE FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE FEES PAID OR PAYABLE BY CLIENT TO POWER GRIDS FOR THE SERVICES TO WHICH THE CLAIM RELATES.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. POWER GRIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDYour access to and use of the Service or any Content is at your own discretion. SERVICES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, EITHER TO THE FULL EXTENT PERMITTED BY LAW, KIND A DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED BY POWER GRIDS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NONINFRINGEMENT, AND POWER GRIDS EXPRESSLY DISCLAIMS NON-INFRINGEMENT (A) ANY SUCH WARRANTIES. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE NOT CONSIDERED ACCOUNTING SERVICES. UNDER NO CIRCUMSTANCES SHALL POWER GRIDS BE LIABLE IN ANY AMOUNT FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY PUNITIVE, OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF GOODWILL OR BUSINESS OF: PROFITS, WORK STOPPAGEREVENUE, DATA LOSSDATA, COMPUTER FAILURE OR MALFUNCTIONUSE, GOOD-WILL, OR EXEMPLARY OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR PUNITIVE DAMAGESINABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, HOWEVER ARISINGINCLUDING WITHOUT LIMITATION, EVEN IF IT DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER NO CIRCUMSTANCES SHALL POWER GRIDS BE LIABLE THIS AGREEMENT, INCLUDING FOR AN ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT OF DAMAGES IN EXCESS OF YOU PAID US TO BUY THE FEES PAID OR PAYABLE BY CLIENT TO POWER GRIDS FOR THE SERVICES TO WHICH THE CLAIM RELATESAPPLICABLE SERVICE(S).