Common use of Disclaimer of Indirect Damages Clause in Contracts

Disclaimer of Indirect Damages. ONELOGIN WILL BE LIABLE WITHOUT LIMITATION IN THE EVENT OF CLAIMS FOR DAMAGES ON THE BASIS OF GROSS NEGLIGENCE OR WILFUL INTENT, AS WELL AS IN CASES WHERE A GUARANTEE OF QUALITY HAS BEEN ASSUMED OR ANY DEFECTS HAVE BEEN CONCEALED WITH MALICIOUS INTENT. MOREOVER, ONELOGIN WILL BE LIABLE WITHOUT LIMITATION IN THE EVENT OF A CULPABLE INJURY TO LIFE, LIMB OR HEALTH. IN THE CASE OF SLIGHT NEGLIGENCE, ONELOGIN WILL BE LIABLE ONLY IF AN OBLIGATION IS VIOLATED AND THE FULFILMENT OF THIS OBLIGATION IS OF ESSENTIAL IMPORTANCE TO THE ATTAINMENT OF THE PURPOSE OF THE CONTRACT (“CARDINAL OBLIGATION”). ONELOGIN’S LIABILITY BASED ON THE GERMAN PRODUCT LIABILITY ACT REMAINS UNAFFECTED. ANY FURTHER LIABILITY OF ONELOGIN IS EXCLUDED. THE LIMITATION PERIOD FOR CLAIMS FOR DAMAGES AGAINST ONELOGIN EXPIRES AFTER ONE (1) YEAR; EXCEPT FOR SUCH CASES COVERED BY SENTENCES 1 OR 2.

Disclaimer of Indirect Damages. ONELOGIN WILL BE LIABLE WITHOUT LIMITATION IN THE EVENT OF CLAIMS FOR DAMAGES ON THE BASIS OF GROSS NEGLIGENCE OR WILFUL INTENT, AS WELL AS IN CASES WHERE A GUARANTEE OF QUALITY HAS BEEN ASSUMED OR ANY DEFECTS HAVE BEEN CONCEALED WITH MALICIOUS INTENT. MOREOVER, ONELOGIN WILL BE LIABLE WITHOUT LIMITATION IN THE EVENT OF A CULPABLE INJURY TO LIFE, LIMB OR HEALTH. IN THE CASE OF SLIGHT NEGLIGENCE, ONELOGIN WILL BE LIABLE ONLY IF AN OBLIGATION IS VIOLATED AND THE FULFILMENT OF THIS OBLIGATION IS OF ESSENTIAL IMPORTANCE TO THE ATTAINMENT OF THE PURPOSE OF THE CONTRACT (“CARDINAL OBLIGATION”). FOR VIOLATION OF A CARDINAL OBLIGATION LIABILITY IS FURTHER LIMITED TO THE FEES PAID AND/OR OWED (AS APPLICABLE) BY CUSTOMER FOR THE PLANS, PRODUCTS, OR SERVICES THAT ARE THE SUBJECT OF THE BREACH. ONELOGIN’S LIABILITY BASED ON THE GERMAN PRODUCT LIABILITY ACT REMAINS UNAFFECTED. ANY FURTHER LIABILITY OF ONELOGIN IS EXCLUDED. THE LIMITATION PERIOD FOR CLAIMS FOR DAMAGES AGAINST ONELOGIN EXPIRES AFTER ONE (1) YEAR; EXCEPT FOR SUCH CASES COVERED BY SENTENCES 1 OR 2.