Common use of Limitations of Remedies and Liability Clause in Contracts

Limitations of Remedies and Liability. FORMIDIUM'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY REASON INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF A MONTHLY SUBSCRIPTION FEE PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CLIENT ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM BY THE CLIENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Appears in 9 contracts

Sources: User Agreement, User Agreement, User Agreement

Limitations of Remedies and Liability. FORMIDIUMSUDRANIA'S TOTAL AGGREGATE LIABILITY TO CLIENT CUSTOMER FOR ANY REASON INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF A MONTHLY SUBSCRIPTION FEE PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM ▇▇▇▇▇▇▇▇ BY THE CLIENT CUSTOMER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CLIENT CUSTOMER ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM ▇▇▇▇▇▇▇▇ BY THE CLIENT CUSTOMER DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Appears in 4 contracts

Sources: Software as a Service Subscription Agreement, Software as a Service Agreement, Software as a Service Subscription Agreement

Limitations of Remedies and Liability. FORMIDIUMARB'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY REASON INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF A MONTHLY SUBSCRIPTION FEE PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM ARB BY THE CLIENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CLIENT ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO FORMIDIUM ARB BY THE CLIENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Appears in 1 contract

Sources: User Agreement