IN NO EVENT WILL. SALK BE LIABLE TO LICENSEE, ITS AFFILIATES, ITS SUBLICENSEES OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOSS OF DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE LICENSED TECHNOLOGY. SALK’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE LICENSED TECHNOLOGY, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID TO SALK UNDER THIS AGREEMENT WITHIN TWELVE (12) MONTHS PRECEDING THE CLAIM. ”
IN NO EVENT WILL. ANY PARTY HAVE LIABILITY TO THE OTHER PARTIES FOR REMOTE OR INDIRECT CONSEQUENTIAL LOSSES OR DAMAGES, OR PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE AND LOSS OF ANTICIPATED PROFIT (EXCEPT TO THE EXTENT SUCH LOSS OF REVENUE OR ANTICIPATED PROFIT IS ALSO DIRECT, ACTUAL DAMAGES), IRRESPECTIVE OF WHETHER THE LOSSES OR DAMAGES WERE FORESEEABLE, RESULTING FROM OR ARISING OUT OF THE PERFORMANCE, DEFECTIVE PERFORMANCE OR NON-PERFORMANCE BY ANY OR ALL OF THE PARTIES OF ITS OR THEIR OBLIGATION(S) UNDER THIS CONTRACT, OR THE RESULT OF THE SOLE, ACTIVE, PASSIVE, CONCURRENT OR COMPARATIVE NEGLIGENCE, STRICT LIABILITY, BREACH OF DUTY (STATUTORY OR OTHERWISE), OR OTHER FAULT OF OR VIOLATION OF ANY LAW OF THE PARTY WHOSE LIABILITY IS BEING WAIVED, EXCEPT TO THE EXTENT SUCH LOSSES OR DAMAGES ARE OWED TO A THIRD PARTY PURSUANT TO A CLAIM FOR WHICH A PARTY IS REQUIRED TO PROVIDE AN INDEMNITY UNDER THIS CONTRACT.
IN NO EVENT WILL. HCL’S (AND ITS AFFILIATES’ AND SUPPLIERS’) TOTAL CUMULATIVE LIABILITY HEREUNDER FOR DIRECT DAMAGES (REGARDLESS OF BASIS FOR CLAIMS) EXCEED THE SUM PAID BY LICENSEE TO HCL UNDER THE APPLICABLE ORDER FOR THE AFFECTED PRODUCT OR SERVICE, DURING THE PRECEDING TWELVE (12) MONTH PERIOD.
IN NO EVENT WILL. RCAI BE LIABLE FOR DAMAGES OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, GENERAL AND SPECIAL DAMAGES SUFFERED BY DISTRIBUTOR OR ANY CUSTOMER OR DISTRIBUTOR ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, EQUITY, OR ANY OTHER LEGAL GROUND OF ACTION.
IN NO EVENT WILL. AEGIS TECHNLOLGIES AND ITS SPONSORS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE HACKATHON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IN NO EVENT WILL. THE STREAMRAY ENTITIES BE LIABLE TO YOU FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, INTERRUPTION OF OR FAILURE TO PROVIDE STREAMRAY SERVICES, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FOR ANY EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE AND SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL THE STREAMRAY ENTITIES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS RETAINED BY STREAMRAY FOR ITS OWN ACCOUNT FOR CUSTOMER SERVICES RENDERED PURSUANT TO, AND CONSISTENT WITH, THE TERMS OF AGREEMENT 10. Merger. This Agreement, including the Broadcast Release (Exhibit “A”), Performer’s Acknowledgement and Agreement (Exhibit “B”) and the Policy, constitutes the entire agreement between the parties relating to the subject matter herein and shall supersede any prior Agreements related to the subject matter.
IN NO EVENT WILL. THE LICENSEE OR THE LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THIS SUB-LICENSE OR THE USE OF THE LICENSED PRODUCT OR LICENSED METHOD.
IN NO EVENT WILL. XXXXXXX MAC’S AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (i) FIVE THOUSAND DOLLARS ($5,000) OR (ii) THE LICENSE FEES PAID BY LICENSEE TO XXXXXXX MAC PURSUANT TO THIS AGREEMENT FOR THE TWELVE
IN NO EVENT WILL. RUTGERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE OR MANUFACTURE, SALE, OR USE OF THE RUTGERS PATENT RIGHTS OR LICENSED PRODUCTS OR LICENSED METHODS OR RUTGERS DATA.
IN NO EVENT WILL. HCENTIVE’S OBLIGATION TO OPTUM UNDER SECTION 8.1(e) EXCEED THE GREATER OF $5,000,000 OR TWO TIMES THE AMOUNTS PAID TO HCENTIVE UNDER THIS AGREEMENT, WHICHEVER IS GREATER.