Limitations on Liability and Damages Sample Clauses
The Limitations on Liability and Damages clause sets boundaries on the amount and types of damages that one party can recover from another in the event of a breach or other legal claim. Typically, this clause restricts liability to direct damages and may exclude indirect, consequential, or punitive damages, sometimes capping the total recoverable amount to a specified sum or the value of the contract. Its core function is to allocate and manage risk between the parties, providing predictability and protecting each side from potentially excessive financial exposure.
Limitations on Liability and Damages. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL THE MANUFACTURER OR THE LICENSEE OR ANY OF THEIR AFFILIATES OR RELATED PARTIES BE LIABLE TO HYDROZONIX, ITS AFFILIATES OR ITS CUSTOMERS FOR: (A) ANY MONETARY AMOUNT GREATER THAN THE TOTAL AMOUNT ACTUALLY RECEIVED BY THE MANUFACTURER OR THE LICENSEE, AS APPLICABLE, FROM HYDROZONIX FOR THE SPECIFIC UNIT GIVING RISE TO THE CLAIM, DAMAGES OR LIABILITY; OR (B) ANY LOSS OR INJURIES TO EARNINGS, PROFITS, REPUTATION OR GOODWILL, BUSINESS DISRUPTION, OR FOR ANY LOST CUSTOMERS OR SALES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER THE CLAIM OR BASIS FOR DAMAGES ARISES IN CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, AND SHALL APPLY EVEN IF THE MANUFACTURER OR THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations on Liability and Damages aNetworks agrees to follow reasonable industry practices and standards in providing goods and services to Client. However, both Parties acknowledge that it is impossible to guarantee the trouble-free performance of computer hardware and software, even when installed and maintained according to reasonable industry practices. Therefore, Client and aNetworks agree to certain limitations of liability and damages. In no event and under no legal theory, cause of action or claim of liability or damages shall aNetworks be liable to Client for any of the following:
(a) Any consequential, incidental, exemplary, punitive, or multiple (double, treble or otherwise) damages or losses.
(b) Except in the event of gross negligence by aNetworks, the loss of any of Client’s data or third party data or loss of privacy of data on Client’s systems, that many occur on equipment or systems installed or serviced by aNetworks or any damages resulting there from.
(c) Any damages, losses, expenses and attorney’s fees that in the aggregate exceed the service fees paid by Client to aNetworks for services that were rendered during the six month period immediately preceding the date that Client first asserts the claim against aNetworks, except in the event that aNetworks hires a Client’s employee or that aNetworks commits a felony against Client.
(d) ANETWORKS (INCLUDING THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS) SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT OR AS THE RESULT OF THE UNAUTHORIZED ACQUISITION OR USE OF PERSONAL INFORMATION. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR CLIENT, OR ANETWORKS (OR THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations on Liability and Damages. We do not perform engineering, architectural, plumbing, electrical, or any other job function requiring an occupational license in the jurisdiction where the property (mentioned above) is located. If we hold a valid occupational license, we may inform you of such a license and you may hire us to perform additional functions. Any performance of such additional services shall be in a separate written agreement and is not considered part of this agreement.
Limitations on Liability and Damages. This section 6 limits the liabilities and damages arising under this Agreement and all Orders, and is a bargained-for and material part of this Agreement and each Order. Client acknowledges and agrees that iVenture would not enter into this Agreement or any Orders unless it could rely on the limitations described in this section
Limitations on Liability and Damages. Limitation on Direct Damages..................................... 57 12.2
Limitations on Liability and Damages. Client agrees and understands that the Inspector and its employees, contractors and agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies, either current or arising in the future, or for any property damage, consequential damage or bodily injury of any nature resulting from performance of this test.
Limitations on Liability and Damages. Indemnification
a. Customer agrees that in no event will Dakim be liable to Customer for any lost profits, business interruption, or any indirect, consequential, special, or incidental damages arising from or relating to this Agreement, or Customer’s use of the System, Unit, Content, or Software.
b. Customer agrees that Dakim’s total cumulative liability to Customer relating to this Agreement or System use will not exceed the aggregate amount Customer pays to Dakim for the Unit(s), licenses, and subscription(s) for Services.
c. Dakim agrees to indemnify Customer and Customer’s affiliates, communities, agents, successors, and assigns against any and all claims of third parties that arise from Dakim’s
(1) breach of this Agreement; (2) violation of any proprietary rights connected to the System, Software, or Content; or (3) negligence or misconduct related to the System or provision of Services. Customer agrees to indemnify Dakim and Dakim’s affiliates, agents, successors, and assigns against any and all claims of third parties that arise from Customer’s (1) breach of this Agreement; (2) violation of any proprietary rights connected to the System, Software, or Content; or
Limitations on Liability and Damages. The following provisions shall apply to and shall govern any claim, action, demand, judgment or proceeding based on, arising out of, related to or in any manner con- nected with this Agreement or the subject matter hereof, regardless of the form of action:
(a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR (1) CONSEQUENTIAL, IN- CIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR (2) DAM- AGES OF ANY KIND FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, OR (3) DAMAGES OF ANY KIND FOR BUSINESS INTERRUPTION, LOST OR DAMAGED DATA OR LOSS OF BUSINESS INFORMATION, GOODWILL, REPUTATION OR PRI- VACY, OR (4) COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES; INCURRED BY EITHER PARTY OR ANY THIRD PARTY, HOWEVER ARISING, WHETHER IN AN ACTION IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY OR ANY OTHER PERSON COULD REASONABLY HAVE FORESEEN THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(b) Catapult’s entire, aggregate and cu- mulative liability to Client for damages, judgments, claims, liabilities, costs and/or expenses of any and all kinds based on, arising out of or related to any personal injuries, or damage or loss to tangible personal or real property, shall be limited to the proceeds if any availa- ble under the insurance policies identified in Schedule liability of Catapult to Client for damages, judgments, claims, liabilities, costs and/or expenses of any and all kinds based on, arising out of, related to or in any man- ner connected with this Agreement, any Schedule, any Statement of Work or any Services or Deliverable(s), exceed, in the aggregate, the fees paid by Client to Cat- apult during the preceding twelve (12) month period under the applicable Schedule or Statement of Work giving rise to such liability. Claims subject to Sections 10, 11, 12, 13(a) or 13(b) above shall be subject to and governed solely and exclusively by the provisions of those sections respectively.
Limitations on Liability and Damages
Limitations on Liability and Damages