Cumulative Liability Sample Clauses

Cumulative Liability. The liability of the GUARANTOR under this GUARANTY shall be cumulative to, and not in lieu of, the GUARANTOR'S liability under any other LOAN DOCUMENT or in any capacity other than as GUARANTOR hereunder.

Cumulative Liability. OANDA’s total cumulative liability to Licensee for any loss, costs, claim or damages of any kind arising out of or related to this agreement will not exceed the amount of the license fees paid by Licensee to OANDA under this agreement during the three months immediately preceding the date at which such cause of action first arose. This limitation on liability was and is an express part of the bargain between OANDA and Licensee and was a controlling factor in the setting of the fees payable to OANDA under this agreement.

Cumulative Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFP LIABILITY WILL BE LIMITED TO DAMAGES AND LOSSES NOT TO EXCEED IN THE AGGREGATE [***] EUROS (EU [***]) . IT IS UNDERSTOOD THAT THE FOREGOING MONETARY LIMITATION OF LIABILITY REPRESENTS AFP’S TOTAL AND CUMULATIVE LIABILITY FOR ALL AFP LIABILITY.

Cumulative Liability. OANDA’S TOTAL CUMULATIVE LIABILITY TO LICENSEE FOR ANY LOSS, COSTS, CLAIM OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY LICENSEE TO OANDA UNDER THIS AGREEMENT DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE AT WHICH SUCH CAUSE OF ACTION FIRST AROSE. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN OANDA AND LICENSEE AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE FEES PAYABLE TO OANDA UNDER THIS AGREEMENT.

Cumulative Liability. Supplier’s cumulative overall liability for the work, regardless of the kind of liabilities and/or non-performances, if any may remain, under this General Terms and Conditions or at law shall not exceed a maximum overall amount equal to 10% (ten percent) of the Contract price paid to Supplier under this Contract or the maximum overall amount of Euro. 500.000,- whichever is less, even if held to amount to a breach of warranty. Buyer shall indemnify defend and hold harmless Supplier for such claims in excess of this percentage/amount. When Supplier performs engineering Services Supplier’s maximum cumulative overall liability is limited to re-performance of the engineering Services; such re-performance being further limited to 20% of the engineering Contract price. The cumulative overall limit of liability shall not only apply in contract but also in tort, otherwise at law or any other legal proceeding. - Defined terms to include. For the purposes of the provisions H and I, the term Supplier is used as a reference individually and collectively for Supplier including its partners, affiliated companies, agents, representatives, suppliers and subcontractors of Supplier and their respective employees and the subrogees of that party. Similarly, the term Buyer is used as a reference individually and collectively for Buyer including its partners, affiliated companies, agents, successors, representatives, clients and contractors of Buyer, and their employees and the subrogees of that party.

Cumulative Liability. THE CUMULATIVE LIABILITY OF CORCENTRIC TO DTNA FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE CORCENTRIC TECHNOLOGY, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL COMPENSATION AND REVENUE PAID OR OTHERWISE PAYABLE TO CORCENTRIC BY DTNA DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE UPON WHICH ANY SUCH LIABILITY ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS PARAGRAPH AND THE LIMITATIONS CONTAINED IN THIS PARAGRAPH SHALL NOT APPLY TO DAMAGES RESULTING FROM BREACH OF CONFIDENTIALITY AS SET FORTH IN SECTION 12, INTENTIONAL TORTS OR GROSS NEGLIGENCE OF CORCENTRIC. ANY CLAIM ARISING OUT OF THE PERFORMANCE OF SERVICES OR PAYMENT OF COMPENSATION AND REVENUE MUST BE MADE IN WRITING TO THE RESPONSIBLE PARTY WITHIN TWELVE (12) MONTHS OF THE DATE WHEN SUCH PERFORMANCE OR PAYMENT WAS COMPLETED OR SUPPOSED TO HAVE BEEN COMPLETED (UNLESS THE SAME WAS CONCEALED).

Cumulative Liability. To the extent permitted by applicable law, NetApp’s liability to Customer is limited to direct damages in an amount not to exceed US$1,000,000. This limitation is cumulative and not per incident.

Cumulative Liability. The cumulative liability of the Acquiree Shareholders (excluding Claims relating to Taxes and representations and warranties made fraudulently which shall not be subject to any limit) under this Article 9 shall not exceed the sum of $1,000,000 for Claims made prior to the first anniversary of the Closing Date and $750,000 for Claims made prior to the second anniversary of the Closing Date.

Cumulative Liability. The liability of each Loan Party as a Guarantor under this Section 12 is in addition to and shall be cumulative with all liabilities of such Loan Party to any Lender under this Agreement and the other Loan Documents to which such Loan Party is a party or in respect of any obligations or liabilities of the other Loan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.