Limitation of Liability for Termination Clause Samples

Limitation of Liability for Termination. To the fullest extent allowed by applicable law, Distributor agrees that it will have no rights to damages or indemnification or any nature due to any expiration of this Agreement or its rightful termination by MANUFACTURER. The foregoing restriction includes, but is not limited to, commercial severance compensation, whether by way of loss of future profits, expenditure for promotion, payment for goodwill generated or other commitments made in connection with business contemplated by this Agreement. Distributor will not be entitled, under any local law or otherwise, to receive any payment from MANUFACTURER due to such expiration or rightful termination, whether for actual, consequential, indirect, special or incidental damages, costs or expenses, whether foreseeable or unforeseeable. Distributor hereby waives and disclaims any rights thereto. DISTRIBUTOR EXPRESSLY WAIVES AND RENOUNCES ANY CLAIM TO COMPENSATION OR INDEMNITIES FOR ANY TERMINATION OF BUSINESS RELATIONSHIP BY A FOREIGN BUSINESS ENTITY, WHICH MAY EXIST UNDER THE LAWS OF ANY APPLICABLE JURISDICTION.

Limitation of Liability for Termination. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR UNDER APPLICABLE LAW TO THE CONTRARY, IN NO EVENT SHALL RAMTRON BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, INCOME OR PROFITS, RESULTING FROM RAMTRON'S TERMINATION OF THIS AGREEMENT, WHETHER OR NOT RAMTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING IN ANY WAY OUT OF THE TERMINATION OF THIS AGREEMENT. Without limiting the generality of the foregoing, Licensees assume all risks arising out of or relating to their inability to meet any commitments made to and/or perform any agreements entered into with any customer (wholesale or retail) of Licensees in the event of any termination by Ramtron of this Agreement. Provided, however, that nothing contained in this Section is intended to disclaim or waive any rights that Licensees may have against Ramtron with respect to actual and direct damages suffered by Licensees as a result of the breach of this Agreement or the wrongful termination of this Agreement by Ramtron and provided further that nothing contained in this Section shall prejudice or restrict Licensees' right and entitlement to also terminate this Agreement in the event of any material breach of this Agreement by Ramtron.

Limitation of Liability for Termination. Symantec shall not be liable to Brightmail on account of termination or expiration of this Agreement for reimbursement or damages for loss of goodwill, prospective profits or anticipated orders, or on account of any expenditures, investments, leases or commitments made by Brightmail based upon or growing out of such termination or expiration. Brightmail acknowledges and agrees that; (i) Brightmail has no expectation and has received no assurances that its business relationship with Symantec will continue beyond the stated Term of this Agreement or its earlier termination in accordance with this clause other than for any applicable Run Off Periods, that any investment by Brightmail in the promotion of the BMI Service, BMI Products or the Licensed Products will be recovered or recouped, or that Brightmail shall obtain any anticipated amount of profits by virtue of this Agreement; and (ii) Brightmail shall not have or acquire by virtue of this Agreement or otherwise any vested, proprietary or other right in the promotion of the BMI Service or in any goodwill created by its efforts hereunder. The Parties acknowledge that this clause has been included as a material inducement for Symantec to enter into this Agreement and that Symantec would not have entered into this Agreement but for the limitations of liability as set forth herein.

Limitation of Liability for Termination. Except as otherwise expressly provided elsewhere in this Contract, the Town is in no way liable to the Engineer for any loss or damages in any manner based upon, arising out of, resulting from or attributable to any cancellation of this Contract or any Service Order or any termination by the Town of this Contract or any Service Order, including, without limitation, for any damages for loss of profit, loss of revenue or loss of anticipated business suffered or incurred by the Engineer.

Limitation of Liability for Termination. Notwithstanding anything contained in this Agreement or under applicable law to the contrary, in no event shall Ramtron be liable for any indirect, special, incidental or consequential damages, including, without limitation, loss of business, income or profits, resulting from Ramtron's termination of this Agreement, whether or not Ramtron has been advised of the possibility, of such damages arising in any way out of the termination of this Agreement. Without limiting the generality of the foregoing, Licensee assumes all risks arising out of or relating to its inability to meet any commitments made to and/or perform any agreements entered into with any customer (wholesale or retail) of Licensee in the event of any termination by Ramtron of this Agreement. Provided, however, that nothing contained in this Section 5.3 is intended to disclaim or waive any rights that Licensee may have against Ramtron with respect to actual and direct damages suffered by Licensee as a result of the breach of this Agreement or the wrongful termination of this Agreement by Ramtron and provided further that nothing contained in this Section 5.3 shall prejudice or restrict Licensee's right and entitlement to also terminate this Agreement in the event of any breach of this Agreement by Ramtron.

Limitation of Liability for Termination. Notwithstanding anything contained in this Agreement or under applicable law to the contrary, in no event shall either party , ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND/OR ATTORNEYS be liable for any indirect, special, incidental or consequential damages, including without limitation, loss of business, income or profits, resulting from its termination of this Agreement for cause, whether or not it has been advised of the possibility of such damages arising in any way out of the termination of this Agreement. Without limiting the generality of the foregoing, either party assumes all risks arising out of or relating to its inability to meet any commitments made to and/or perform any agreements entered into with any of its customers (wholesale or retail) or sublicensees in the event of any termination by the other party of this Agreement for cause. Provided, however, that nothing contained in this Section is intended to disclaim or waive any rights that either Party may have against the other with respect to actual and direct damages suffered by the Party as a result of a material breach of this Agreement or the wrongful termination of this Agreement by the other Party and provided further that nothing contained in this Section shall prejudice or restrict a Party's right and entitlement to also terminate this Agreement in the event of any breach of this Agreement by the other Party.