LIMITATION OF DAMAGES CLAIMS Vzorová ustanovení

LIMITATION OF DAMAGES CLAIMS. DAMAGES CLAIMS OF CUSTOMER FOR A BREACH OF THIS AGREEMENT ON THE PART OF INTERGRAPH OTHER THAN BY WILLFUL MISCONDUCT ARE SUBJECT TO A LIMITATION PERIOD OF FOUR YEARS FROM THE DAY IN WHICH THE CUSTOMER EITHER OBTAINED KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO THE CLAIM AND OF THE IDENTITY OF THE DEBTOR, OR WOULD HAVE OBTAINED SUCH KNOWLEDGE BUT FOR HIS GROSS NEGLIGENCE; HOWEVER, THE LIMITATION PERIOD EXPIRES NO LATER THAN TEN YEARS FROM THE DAY, ON WHICH THE BREACH OF THE OBLIGATION OCCURED. SECTIONS 16.1.1, 16.1.2 AND 16.2 REMAIN UNAFFECTED. 17.5