CUMULATIVE DAMAGES Clause Samples
The CUMULATIVE DAMAGES clause establishes that the remedies and damages available under a contract are in addition to, and not in place of, any other rights or remedies provided by law or the agreement. In practice, this means that if a party suffers harm, they can pursue all available forms of compensation or relief, rather than being limited to a single remedy. This clause ensures that parties retain the full spectrum of legal options to address breaches or losses, preventing the restriction of their rights to recover damages.
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CUMULATIVE DAMAGES. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
CUMULATIVE DAMAGES. In no event will Manufacturer’s total cumulative liability to Butterfly arising out of or related to this Agreement exceed the greater of [***] dollars ($[***]) or [***] percent ([***]%) of the sums paid by Butterfly to Manufacturer for the product causing loss for the immediately preceding [***].
CUMULATIVE DAMAGES. Except as otherwise provided in this Agreement, in no event will Benchmark’s total cumulative liability to Customer arising out of or related to this Agreement, over and above Benchmark’s warranty, indemnity and confidentiality obligations herein, exceed the greater of [***], whichever is greater. The cap does not include any liabilities owed by Benchmark in relation to its warranty, confidentiality and indemnity obligations
CUMULATIVE DAMAGES. In no event will Manufacturer’s total cumulative liability to Hyperfine arising out of or related to this Agreement exceed the greater of [***] dollars ($[***]) or [***] percent ([***]%) of the sums paid by Hyperfine to Manufacturer for the product causing loss for the immediately preceding [***] ([***]) [***].
CUMULATIVE DAMAGES. In no event will Supplier’s total cumulative liability to Ouster arising out of or related to this Agreement, over and above Supplier’s warranty, indemnity and confidentiality obligations herein, exceed the greater of [***].
CUMULATIVE DAMAGES. Except for Claims or damages relating to Benchmark’s warranty, indemnity and confidentiality obligations herein, in no event will Benchmark’s total cumulative liability to Customer for any other Claims arising out of or related to this Agreement exceed the greater of [***].
CUMULATIVE DAMAGES. It is agreed that the BUYER’s right to claim liquidated damages under this Article are cumulative subject to the limitation of the liquidated damages specified in respect of each of the above guaranteed items in Paragraphs 1-4 above, and the BUYER may claim liquidated damages simultaneously in respect of the delayed delivery, guaranteed fuel consumption and/or the guaranteed speed and/or the guaranteed deadweight, provided however that, in any case, the total cumulative liquidated damages claimed by the BUYER under the provisions of this Contract shall be not more than United States Dollars being the maximum.