AGGREGATE LIABILITY LIMITATION Sample Clauses

AGGREGATE LIABILITY LIMITATION. With the exception of a Kochava’s indemnification and defense obligations under SECTION 14 (INDEMNIFICATION), in no event shall Kochava’s aggregate liability to Company exceed $25,000.
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AGGREGATE LIABILITY LIMITATION. If the limitations and exclusions specified in SECTION 9.2 (LIMITATIONS) are unenforceable, then a Party’s aggregate liability to the other Party will not exceed $10,000.
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AGGREGATE LIABILITY LIMITATION. ENSYN’s aggregate liability for all the obligations in Section 7.5 will not exceed the amount of $2,500,000.00.
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AGGREGATE LIABILITY LIMITATION. Notwithstanding anything to the contrary in this Agreement, the aggregate liability of each Selling Stockholder under such Selling Stockholder’s representations and warranties contained in Section 2(ii) hereof, under any certificate delivered pursuant to this Agreement, and under the indemnity and contribution agreement contained in this Section 8, the reimbursement obligations under Section 10 or otherwise pursuant to this Agreement shall not exceed the Net Proceeds received by such Selling Stockholder.
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AGGREGATE LIABILITY LIMITATION. With the exception of a Party’s iSEnCTIdONe11mnif (INDEMNIFICATION) and liability and damagenesgligeancre oir swiillfunl mgiscoonduuctt, in noofevenat shaPll xxxxx’ Party’s aggregate liability to the other Party pursuy tao nt t Kochava in the three-month period prior to the event giving rise to the liability.
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AGGREGATE LIABILITY LIMITATION. With the exception of a Party’s indemnification and defense obligations under SECTION 10 (INDEMNIFICATION) and liability and damages arising out of a Party’s fraud, gross negligence or willful misconduct, in no event shall a Party’s aggregate liability to the other Party pursuant to this Agreement exceed the amounts, if any, actually paid by Company to Kochava in the three-month period prior to the event giving rise to the liability.
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Related to AGGREGATE LIABILITY LIMITATION

  • Maximum Liability The provisions of this Loan Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Loan Guarantor under this Loan Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Loan Guarantor’s liability under this Loan Guaranty, then, notwithstanding any other provision of this Loan Guaranty to the contrary, the amount of such liability shall, without any further action by the Loan Guarantors or the Lenders, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Loan Guarantor’s “Maximum Liability”. This Section with respect to the Maximum Liability of each Loan Guarantor is intended solely to preserve the rights of the Lenders to the maximum extent not subject to avoidance under applicable law, and no Loan Guarantor nor any other person or entity shall have any right or claim under this Section with respect to such Maximum Liability, except to the extent necessary so that the obligations of any Loan Guarantor hereunder shall not be rendered voidable under applicable law. Each Loan Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of each Loan Guarantor without impairing this Loan Guaranty or affecting the rights and remedies of the Lenders hereunder, provided that, nothing in this sentence shall be construed to increase any Loan Guarantor’s obligations hereunder beyond its Maximum Liability.

  • Liability Limitations This paragraph limits the liabilities arising under this Agreement or any SOW and is a bargained-for and material part of our business relationship with you. You acknowledge and agree that Verticomm would not enter into any SOW or this Agreement unless Verticomm could rely on the limitations described in this paragraph. In no event shall either party be liable for any indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits (except for fees due and owing to Verticomm), savings, or other indirect or contingent event-based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of the possibility of such damages; however, reasonable attorneys’ fees awarded to a prevailing party (as described below), your indemnification obligations, and any amounts due and payable pursuant to the non-solicitation provision of this Agreement shall not be limited by the foregoing limitation. Except for the foregoing exceptions, a responsible party’s (“Responsible Party’s”) aggregate liability to the other party (“Aggrieved Party”) for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement (collectively, “Claims”), whether in contract, tort, indemnification, or negligence, shall be limited solely to the amount of the Aggrieved Party’s actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to Verticomm for the specific Service upon which the applicable claim(s) is/are based during the three (3) month period immediately prior to the date on which the cause of action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party’s willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party’s liability obligation shall be reduced to the extent that a Claim is caused by, or the result of, the Aggrieved Party’s willful or intentional misconduct, or gross negligence.

  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

  • Liability Cap Subject to the Sections titled ‘Unlimited Liability’ and ‘Exclusion of Damages’, the maximum aggregate liability of either party (or its respective Affiliates or SAP’s subcontractors) to the other or any other person or entity for all events (or series of connected events) arising in the Contract Term will not exceed the fees paid for Individual Orders during the Contract Term up until the date upon which the incident occurred whereby liability arose.

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