Common use of IN NO EVENT Clause in Contracts

IN NO EVENT. WILL PUBLISHER BE LIABLE TO THE ADVERTISER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUE, OR PROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR FIVE THOUSAND DOLLARS.

IN NO EVENT. WILL PUBLISHER WELL EITHER PARTY BE LIABLE TO THE ADVERTISER OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS HEREUNDER, THE LIABILITY OF THE COMPANY AND BROKER WITH THE RESPECT TO THE INSTALLATION (INCLUDING DAMAGES FOR LOSS OF USEDELAYS THEREOF), REVENUEPROVISION, TERMINATION, MAINTENANCE REPAIR, INTERRUPTION, OR PROFIT, BUSINESS INTERRUPTION, AND LOSS RESTORATION OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) ANY SERVICE OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO FACILITIES OFFERED UNDER THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER CHARGE APPLICABLE UNDER THIS AGREEMENT TO THEDURING WHICH SERVICES WERE AFFECTED. FOR THOSE WITH MONTHLY RECURRING CHARGES, THE LIABILITY OF THE TOTAL OF THE AMOUNTS PAID COMPANY AND IS TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE AN AMOUNT EQUAL TO THE CLAIM OR FIVE THOUSAND DOLLARSPROPORTIONATE MONTHLY RECURRING FOR THE PERIOD DURING WHICH SERVICE WAS AFFECTED.

IN NO EVENT. WILL PUBLISHER SHALL MARTELLO BE LIABLE TO THE ADVERTISER CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUELOSSES DUE TO FORCE MAJEURE, INTERRUPTION OF BUSINESS, OR PROFITANY DIRECT, BUSINESS INTERRUPTIONINDIRECT, AND SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF INFORMATION)CUSTOMERS, LOST PROFITS, LOST REVENUES OR ANTICIPATED SAVINGS OR EARNINGS, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) REGARDLESS OF THE FORM OF ACTION WHETHER ARISING OUT OF BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE) ), STRICT PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUBLISHER EVEN IF GSX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER’S AGGREGATE LIABILITY , ARISING OUT OF THE USE OF, OR RELATED INABILITY TO USE THE SOFTWARE OR OTHER PRODUCTS, OR THE PERFORMANCE OR FAILURE TO PERFORM BY MARTELLO OF ANY PROVISION OF THIS AGREEMENT, WHETHER ARISING OUT OR NOT CAUSED BY THE ACTS OR OMISSIONS OF MARTELLO, ITS EMPLOYEES OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR FIVE THOUSAND DOLLARSAGENTS.

IN NO EVENT. WILL PUBLISHER SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO THE ADVERTISER YOU OR ANY PERSON FOR ANY CONSEQUENTIALCOSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES, LOSS OF PROFITS, LOSS OF, OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES, OR PUNITIVE ANY AND ALL OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR OR LOSS OF USEEVEN IF LICENSOR, REVENUEITS RESELLERS, SUPPLIERS OR PROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUBLISHER HAS ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHEREXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE LEGAL BASIS FOR YOUR CLAIM, LICENSOR’S AGGREGATE AND ITS SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR RELATED UNDER THIS AGREEMENT SHALL BE LIMITED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LESSER AMOUNT OF FEES PAID FOR THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT SOFTWARE GIVING RISE TO THE CLAIM OR FIVE THOUSAND DOLLARSCLAIM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT. WILL PUBLISHER SHALL SELLER BE LIABLE TO THE ADVERTISER BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUE, OR PROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PUBLISHER SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PUBLISHER’S (b) IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN SELLER FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR FIVE THOUSAND DOLLARSGOODS SOLD HEREUNDER. (c) The limitation of liability set forth in Section 12. (b) above‌ shall not apply to liability resulting from Seller's gross negligence or willful misconduct.

IN NO EVENT. WILL PUBLISHER AND UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR OR HAVE ANY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE ADVERTISER OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, CLAIMS FOR STATUTORY OR COMMON LAW INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, TREBLE OR PUNITIVE DAMAGES WHATSOEVER LIQUIDATED DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING DAMAGES FOR STRICT LIABILITY AND NEGLIGENCE) SUCH AS, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, OR PROFIT, BUSINESS INTERRUPTIONOPPORTUNITIES AND THE LIKE, AND LOSS OF INFORMATION)DEPRECIATION OR DIMINUTION IN VALUE, WHETHER ARISING OUT OF BREACH OF CONTRACTEVEN IF THE PARTY HAD BEEN ADVISED, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER KNEW OR NOT PUBLISHER HAS BEEN ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER’S AGGREGATE LIABILITY ARISING OUT NO CLAIM OF OR RELATED TO THIS AGREEMENTANY KIND, WHETHER ARISING OUT AS TO GOODS DELIVERED OR FOR NON-DELIVERY OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEGOODS, SHALL NOT EXCEED BE GREATER IN AMOUNT THAN THE LESSER PURCHASE PRICE OF THE TOTAL OF THE AMOUNTS PAID GOODS RELATING TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE WHICH SUCH CLAIM OR FIVE THOUSAND DOLLARSIS MADE.

IN NO EVENT. WILL PUBLISHER SHALL SELLER BE LIABLE TO THE ADVERTISER BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUE, OR PROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) ), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PUBLISHER SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PUBLISHERIN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN SELLER FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR FIVE THOUSAND DOLLARSGOODS AND SERVICES SOLD HEREUNDER.

IN NO EVENT. WILL PUBLISHER SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO THE ADVERTISER YOU OR ANY PERSON FOR ANY CONSEQUENTIALCOSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES, LOSS OF PROFITS, LOSS OF, OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES, OR PUNITIVE ANY AND ALL OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR OR LOSS OF USEEVEN IF LICENSOR, REVENUEITS RESELLERS, SUPPLIERS OR PROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUBLISHER HAS ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER’S AGGREGATE EXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE LEGAL BASIS FOR YOUR CLAIM, LICENSOR'S AND ITS SUPPLIERS' TOTAL LIABILITY ARISING OUT OF OR RELATED UNDER THIS AGREEMENT SHALL BE LIMITED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LESSER AMOUNT OF FEES PAID FOR THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT SOFTWARE GIVING RISE TO THE CLAIM OR FIVE THOUSAND DOLLARSCLAIM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.