Common use of Damage Limitations Clause in Contracts

Damage Limitations. IN NO EVENT SHALL T/R BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM MALFUNCTION OR DEFECTS IN THE DELIVERABLES OR NON-DELIVERY, EVEN IF T/R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE MAXIMUM LIABILITY SET FORTH HEREIN, IN NO EVENT SHALL T/R's *Confidential information has been omitted and filed separately with the Commission. LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID TO T/R BY RICOH UNDER THIS AGREEMENT WITHIN THE * PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF SUCH CLAIM. NO CLAIM MAY BE BROUGHT BY RICOH UNDER THIS AGREEMENT MORE THAN * AFTER ACCRUAL OF SUCH CLAIM.

Damage Limitations. NOTWITHSTANDING ANY PROVISIONS IN THIS AGREEMENT TO THE CONTRARY, UNDER NO EVENT SHALL T/R CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY LOSS PROVISION OF PROFIT OR ANY OTHER COMMERCIAL DAMAGETHIS AGREEMENT, INCLUDING SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS EVEN IF INFORMED OF THE POSSIBILITY THEREOF. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE AND APPLIES TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES UNDER ANY CAUSE ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM MALFUNCTION OR DEFECTS IN THE DELIVERABLES OR NON-DELIVERYBREACH OF CONTRACT, EVEN IF T/R HAS BEEN ADVISED BREACH OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. SUBJECT TO THE DEBTRESOLVE’S MAXIMUM LIABILITY SET FORTH HEREIN, IN NO EVENT SHALL T/R's *Confidential information has been omitted and filed separately with the Commission. LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID TO T/R BY RICOH UNDER THIS AGREEMENT WITHIN SHALL BE AN AMOUNT EQUAL TO THE * PERIOD IMMEDIATELY PRECEDING FEES ACTUALLY RECEIVED BY IT DURING THE ACCRUAL OF SUCH CLAIM. NO CLAIM MAY BE BROUGHT BY RICOH UNDER THIS AGREEMENT MORE THAN * AFTER ACCRUAL OF SUCH CLAIMTERM.