Common use of 3Limitation of Liability Clause in Contracts

3Limitation of Liability. ICANN’s aggregate monetary liability for violations of this Agreement shall not exceed the amount of Registry­Level Fees paid by Registry Operator to ICANN within the preceding twelve­month period pursuant to this Agreement. Registry Operator’s aggregate monetary liability to ICANN for violations of this Agreement shall be limited to fees, and monetary penalties, if any, due and owing to ICANN under this Agreement within the preceding twelve­month period. In no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided pursuant to Section 4.4 of this Agreement. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, REGISTRY OPERATOR DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITSELF, ITS SERVANTS, OR ITS AGENTS OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

3Limitation of Liability. ICANN’s 's aggregate monetary liability for violations of this Agreement shall not exceed the amount of Registry­Level Fees paid by Registry Operator to ICANN within the preceding twelve­month period pursuant to this Agreement. Registry Operator’s 's aggregate monetary liability to ICANN for violations of this Agreement shall be limited to fees, and monetary penaltiessanctions under Section 4.4, if any, due and owing to ICANN under this Agreement within the preceding twelve­month period. In no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided pursuant to Section 4.4 of this Agreement. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, REGISTRY OPERATOR DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITSELF, ITS SERVANTS, OR ITS AGENTS OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

3Limitation of Liability. ICANN’s 's aggregate monetary liability for violations of this Agreement shall not exceed the amount of Registry­Level Registry-Level Fees paid by Registry Operator to ICANN within the preceding twelve­month twelve-month period pursuant to Section 7.2 of this Agreement. Registry Operator’s Registry's aggregate monetary liability to ICANN for violations of this Agreement shall be limited to fees, fees and monetary penalties, if any, sanctions due and owing to ICANN under this Agreement within the preceding twelve­month periodAgreement. In no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided pursuant to Section 4.4 of this Agreement. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, REGISTRY OPERATOR DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITSELF, ITS SERVANTS, OR ITS AGENTS OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENTNON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

3Limitation of Liability. ICANN’s 's aggregate monetary liability for violations of this Agreement shall not exceed the amount of Registry­Level Fees paid by Registry Operator to ICANN within the preceding twelve­month period pursuant to Section 7.2 of this Agreement. Registry Operator’s 's aggregate monetary liability to ICANN for violations of this Agreement shall be limited to fees, fees and monetary penalties, if any, sanctions due and owing to ICANN under this Agreement within the preceding twelve­month periodAgreement. In no event shall either party be liable for special, indirect, incidental, punitive, exemplary, or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided pursuant to Section 4.4 4.3 of this Agreement. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, REGISTRY OPERATOR DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITSELF, ITS SERVANTS, OR ITS AGENTS OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.