Common use of Damage to Customer Equipment Clause in Contracts

Damage to Customer Equipment. AboveNet assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than AboveNet's gross negligence or willful misconduct. To the extent AboveNet is liable for any damage to, or loss of, the Customer Equipment for any reason, such liability will be limited solely to the then-current value of the Customer Equipment and further subject to the limitations set forth in this Section 11.3 and in Section 11.4 below. In no event will AboveNet be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer Equipment for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of any Customer Equipment, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

Damage to Customer Equipment. AboveNet assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than AboveNet's gross negligence or willful misconduct. To the extent AboveNet is liable for any damage to, or loss of, the Customer Equipment for any reason, such liability will be limited solely to the then-current value of the Customer Equipment and further subject to the limitations set forth in this Section 11.3 and in Section 11.4 below. In no event will AboveNet be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer Equipment for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss Ioss of use of any Customer Equipment, Equipment even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

Damage to Customer Equipment. AboveNet assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than AboveNet's gross negligence or willful misconduct. To the extent AboveNet is liable for any damage to, or loss of, the Customer Equipment for any reason, such liability will be limited solely to the then-then current value of the Customer Equipment and further subject to the limitations set forth in this Section 11.3 and in Section 11.4 below. In no event will AboveNet be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer Equipment for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of any Customer Equipment, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

Damage to Customer Equipment. AboveNet Speakeasy assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than AboveNetSpeakeasy's gross negligence or willful misconduct. To the extent AboveNet Speakeasy is liable for any damage to, or loss of, the Customer Equipment for any reason, such liability will be limited solely to the then-current value of the Customer Equipment and further subject to the limitations set forth in this Section 11.3 and in Section 11.4 immediately below. In no event will AboveNet Speakeasy be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer Equipment for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of any Customer Equipment, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.