EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE OFS FITEL, LLC, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM, AND "DAMAGES" SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this section, Lucent shall be deemed to include Lucent Technologies Inc., its subsidiaries and affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE FURUKAWA ELECTRIC MOROCCO SARL, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM AND "DAMAGES" SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE OFS FITEL DENMARK APS, ITS SUBSIDIARIES AND AFFILIATES AND THE MANAGEMENT, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM, AND “DAMAGES” SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. The entire liability of 3Com and its subsidiaries, affiliates and distributors (and the directors, officers, employees, agents and representatives, distributors and suppliers of all of them) and the exclusive remedy of Reseller and, insofar as the End-User Agreement so provides, any End-User, for any damages shall be (1) for failure of products during the Warranty Period, the remedies as set forth in Section 2 of the End-User Agreement, (2) for infringement, the remedies stated in section 14 hereof or, in the case of End-Users, as set forth in Section 5 of the End-User Agreement, and (3) for claims other than set forth above, 3Com's liability shall be limited to proven direct damages in an amount not to exceed the total amount of payments previously made by Reseller to 3Com under this Agreement. In the event that, notwithstanding this Section 14.2, 3Com is found liable for damages based on failure of the Products during the Warranty Period, 3Com's total liability for each defective Product shall not exceed the discounted price of such defective Product. IN NO EVENT, REGARDLESS OF THEORY, SHALL 3COM BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF ITS PRODUCTS OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, 3COM'S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES PURCHASED OR LICENSED DURING THE TERM OF THIS AGREEMENT. RESELLER HAS ACCEPTED THE DISCLAIMER OF LIABILITY AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS OR SERVICES AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS OR SERVICES WOULD BE HIGHER IF 3COM WERE REQUIRED TO BEAR ADDITIONAL LIABILITY. THIS DISCLAIMER WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. THE ENTIRE LIABILITY OF -------------------------------------------------- 3Com AND ITS AFFILIATES, DISTRIBUTORS, DEALERS AND SUPPLIERS (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES OF ALL OF THEM) AND YOUR EXCLUSIVE REMEDIES FOR ANY DAMAGES SHALL BE (1) FOR FAILURE OF PRODUCTS DURING THE WARRANTY PERIOD, THE REMEDIES STATED IN SECTION 2 HEREOF: (2) FOR INFRINGEMENT, THE REMEDIES STATED IN SECTION 5 HEREOF; AND (3) FOR CLAIMS OTHER THAN SET FORTH ABOVE, 3Com LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE ORIGINAL DISCOUNTED PURCHASE PRICE OF THE PRODUCT. 3Com SHALL IN NO EVENT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (1) INCIDENTAL DAMAGES; (2) SPECIAL OR CONSEQUENTIAL DAMAGES; (3) LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF DATA, MESSAGES, OR TELEPHONE CALLS, AND (4) CHARGES FOR COMMON CARRIER TELECOMMUNICATIONS SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS. TO THE EXTENT PERMITTED BY LAW. SUCH DAMAGES ARE HEREBY EXCLUDED BOTH FOR PROPERTY DAMAGE, AND TO THE EXTENT NOT UNCONSCIONABLE, FOR PERSONAL INJURY DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY a. the entire liability of VOTACALL, INC and its subsidiaries, affiliates and subcontractors, (and the directors, officers, employees, agents, representatives, subcontractors, and suppliers of all of them) and your exclusive remedies for any damages caused by any product defect or failure, or arising from the performance or non‐performance of any work or service, regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise shall be: (1) for VOTACALL, INC. your sole remedy shall be to cancel this agreement without incurring cancellation charges if VOTACALL, INC fails to correct such failure within thirty (30) days of receipt of your written notice; (2) for damages to real or tangible personal property or for bodily injury or death to any person, VOTACALL, INC shall not be liable for the following types of damages: (1) indirect or incidental damages, and (2) special or consequential damages, including but not limited to: lost profits, savings, or revenues of any kind, lost, corrupted, misdirected, or misappropriated data or messages; and charges for common carrier telecommunication services or facilities accessed through or connected to products (“toll fraud”). (3)FORCE MAJEURE – VOTACALL, INC shall have no liability for events beyond our control.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. For any Product that does not meet the above warranty terms, upon timely written notification of the warranty claim (as provided above) and compliance with the conditions set forth herein, and verification of the warranty claim by Xxxxx Graphics, Xxxxx Graphics sole liability and responsibility, and the exclusive remedy therefore, shall be at Xxxxx Graphics’ option: (A) to issue a material credit towards future purchases for the full purchase price of all Xxxxx Graphics defective Product used to produce the finished graphic; or (B) to replace all Xxxxx Graphics defective Product consumed in the manufacture of the finished graphic.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, SELLER SHALL BE DEEMED TO INCLUDE Fibotec Fiberoptics GmbH, ITS SUBSIDIARIES AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM AND “DAMAGES” SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
